STATE BAR OF TEXAS. State Bar of Texas. Texas Attorney Grievance System

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1 STATE BAR OF TEXAS Office of the Chief Disciplinary Counsel From: Re: Office of the Chief Disciplinary Counsel State Bar of Texas Texas Attorney Grievance System The State Bar of Texas is committed to protecting the public from attorneys who violate the rules governing professional conduct. Only by submitting your allegations in writing can we begin the process to review an attorney s actions. I have enclosed a grievance form and a brochure that explains the Texas attorney grievance system. Texas attorneys professional conduct is governed by the Texas Disciplinary Rules of Professional Conduct and the grievance process is governed by the Texas Rules of Disciplinary Procedure. Please understand that it is not necessary for you to know these rules or cite specific rule violations to allege professional misconduct against an attorney. Simply provide an outline or narrative of what occurred and the action or inactions of the attorney involved. If you wish to formally file a grievance against an attorney, please return the completed grievance form to the State Bar of Texas Chief Disciplinary Counsel s office of appropriate jurisdiction. If you should have any questions about how to complete the grievance form or the status of a grievance you have previously filed, please contact the State Bar of Texas Chief Disciplinary Counsel s office nearest you by dialing toll free You may also visit the State Bar s website at for information on the attorney grievance process.

2 OFFICE OF THE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM I. GENERAL INFORMATION Before you fill out this paperwork, there may be a faster way to resolve the issue you are currently having with an attorney. If you are considering filing a grievance against a Texas attorney for any of the following reasons: ~ You believe your attorney is neglecting your case. ~ Your attorney does not return phone calls or keep you informed about the status of your case. ~ You have fired your attorney but are having problems getting your file back from the attorney. You may want to consider contacting the Client-Attorney Assistance Program (CAAP) at CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the filing of a formal grievance. CAAP can resolve many problems without a grievance being filed by providing information, by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter. I have I have not X contacted the Client-Attorney Assistance Program. II. INFORMATION ABOUT YOU -- PLEASE KEEP CURRENT 1. Name: _Barbara Baker Address: 258 Twombly Dr. S City: Kerrville State: Texas Zip Code: Employer and address 3. Telephone number: Residence Work: Other:

3 4. Drivers License # N/A Date of Birth N/A 5. Name, address, and telephone number of person who can always reach you. Name N/A Address N/A Telephone 6. Do you understand and write in the English language? _Yes If no, what is your primary language? Who helped you prepare this form? Will they be available to translate future correspondence during this process? 7. Are you a member of the judiciary? NO If yes, please provide Court, County, City, State: III. INFORMATION ABOUT ATTORNEY Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining. 1. Attorney name: _Guy James Gray Address: 802 Main Street, Ste 100 City: _Kerrville State:_Texas Zip Code:_ Telephone number: Work Home Other 3. Have you or a member of your family filed a grievance about this attorney previously? Yes No If yes, please state its approximate date and outcome. 4. Please check one of the following: This attorney was hired to represent me. This attorney was appointed to represent me. X This attorney was hired to represent someone else. Please give the date the attorney was hired or appointed and what the attorney was hired or appointed to do. _Represent Matthew Dee Baker against a charge of murder

4 5. What was your fee arrangement with the attorney? _Pro Bono If you signed a contract and have a copy, please attach. If you have copies of checks and/or receipts, please attach. Do not send originals. 6. If you did not hire the attorney, what is your connection with the attorney? Explain briefly 7. Are you currently represented by an attorney? If yes, please provide information about your current attorney: 8. Do you claim the attorney has an impairment such as depression or a substance use disorder? If yes, please provide specifics (your personal observations of the attorney such as slurred speech, odor of alcohol, ingestion of alcohol or drugs in your presence etc., including the date you observed this, the time of day, and location). 9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impairment such as depression or a substance use disorder? If so, please provide details. IV. INFORMATION ABOUT YOUR GRIEVANCE 1. Where did the activity you are complaining about occur? County: _McLennan City: _Waco 2. If your grievance is about a lawsuit, answer the following, if known: a. Name of court

5 b. Title of the suit c. Case number and date suit was filed d. If you are not a party to this suit, what is your connection with it? Explain briefly. If you have copies of court documents, please attach. 3. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if necessary. If you have copies of letters or other documents you believe are relevant to your grievance, please attach. Do not send originals. Include the names, addresses, and telephone number of all persons who know something about your grievance. Also, please be advised that a copy of your grievance will be forwarded to the attorney named in your grievance. Complaint Allegations When my son, Matt Baker, was arrested in September, 2007, he was being represented by Gerald Villarreal, criminal attorney, and James Rainey, civil attorney, both of Waco, Texas. While Matt was in Kerr County Jail, attorneys Villarreal and Rainey made a trip to visit with Matt and myself. Matt was held in Kerr County for 10 days, and then transported to McLennan County Jail. While we, Matt s parents, were struggling with the circumstances of representation and what could be done to have Matt released on bond, we were contacted by Keith Williams, an attorney in Kerrville whom the family had known for 15 to 20 years through the church we attended. Mr. Williams told me about Guy James Gray, the owner of the building where William s office was located. He said that Mr. Gray was one of the best attorneys in the state and that Mr. Gray had come to Mr. Williams and asked if he knew Matt or his family. Mr. Gray then asked Mr. Williams to call us and asked us to come in and meet with Gray and Williams. We were willing to meet with anyone that might help us know what to do to help our son. The meeting included Attorney Keith Williams, Attorney Guy James Gray, Susan Desprez (who was at that time employed by Guy James Gray as an assistant), Oscar and Barbara Baker.

6 Mr. Williams introduced us and handed Mr. Gray a copy of the arrest affidavit. Mr. Gray said very little. Ms. Desprez did most of the talking. She talked about what this type of case would involve: the trial, the nervousness, etc. At this time, I can t remember Mr. Gray asking any of us any questions. Mr. Gray was made aware by Mr. Williams that we did not have much money to pay an attorney. Mr. Gray said he would not take the case for money, but he would take the case to right an unjust. His only stipulations was that he needed to make a trip to Waco and meet Matt and look him in the eye and make up his mind if he would take the case. This was during the middle of Matt s second week in jail, and Mr. Gray said he thought it would be the weekend before he could make a trip to Waco. However, the following day he was able to find a friend flying to Waco from Kerrville and Mr. Gray was able to get a ride with him. He went to the jail and met with Matt, and agreed that he would take the case. However at that time, Gerald Villarreal was still Matt s criminal attorney and was in the process of being appointed by the court. It was our thought that maybe we could have the two attorneys work together. Mr. Villarreal could be in Waco doing some of the leg work and some of the hearings and Mr. Gray could be lead attorney from Kerrville. I talked to Mr. Villarreal about this, and he assured me he would talk to Mr. Gray. It is my understanding that they did have a conversation, and that Mr. Gray informed Mr. Villarreal that he, Mr. Gray, would be lead counsel, and that he didn t really see how Mr. Villarreal could be of much assistance. Mr. Villarreal called me and told me of the conversation and said that he would not be able to work with Mr. Gray. Mr. Gray had told him that this was going to be a high profile case and the media would be everywhere and that if he, Villarreal, thought this was going to be a problem, then he probably didn t need to be assisting with the case. We were disappointed. However based on the record of Mr. Gray, and having been told about his previous 25 years as a DA in Jasper, Texas, and being shown pictures of Mr. Gray being in Washington, DC with Janet Reno and hearing about his ability to work with high profile cases and knowing how to talk to media, we felt that Mr. Gray had the ability to win this case and would be working diligently toward this goal. While Matt was still in McLennan Jail I had several meetings with Mr. Gray, as he was trying to help direct us to get Matt bonded out. He was under a $200,000 bond at the time. Mr. Gray was already in contact with Texas Monthly while Matt was in McLennan Jail, and Skip Hollingsworth, reporter with Texas Monthly, wrote Matt a letter with questions that he wanted Matt to answer, and I was given questions to answer to aid with the article that the magazine was going to run. When we got Matt home, Skip Hollingsworth came and met with Matt in Mr. Gray s office and continued the interview. I was present when Mr. Gray told Mr. Hollingsworth that he could ask Matt any questions, that his client would answer anything. It was also while Matt was still in McLennan County Jail that Marni Merksamer, Story Editor from 20/20, ABC, came and met with Mr. Gray and I. It was agreed that as soon as Matt could get bonded out and back in Kerrville that the 20/20 crew would come and interview Matt, myself, and Mr. Gray. Which they did, with Jim Avila being the host and Joanne Napolitano the Producer. Again they were given instructions that they could ask Matt anything, nothing would be off-limits. In the meantime, Zeke MacCormack, reporter from San Antonio Express News came and met with Matt in Mr. Gray s office and did an interview. Tommy Witherspoon, reporter from Waco Tribune, with a camera person also came to Mr. Gray s office.

7 Then CBS, with Lisa Freed as producer for CBS, 48Hrs, and host Erin Moriarty came to Kerrville with their camera crew. They came to the house and rode home from school with the girls and Matt. Then a few weeks later they made another trip to Kerrville. The second time that Erin Moriarty came; it was a completely different type of interview, as It was a more aggressive, attacking style. At this second interview Mr. Gray was not present when they were ready to begin with the interview and Matt asked shouldn t they wait for Mr. Gray, and Ms. Moriarty said no that he had said he would be running late and that they could ask Matt anything. Later, after this particular interview was over I personally talked with Mr. Gray about the style of interview and the many trick questions. Gray s response was This is just getting him ready for the trial. This is probably harder than the actual trial will be. It became obvious during the second interview with CBS that the way some questions were being asked was going to receive different answers. Matt was becoming concerned that his words were being twisted and used against him. But Mr. Gray said that Matt needed to talk to every media outlet out there. It was time for him to get his story out there. Throughout this time, the local newspapers, and television stations from San Antonio were also calling and coming to the house to take pictures. When the 180 days came and went without the case going to the Grand Jury, the case was dropped and Matt Baker s bond money returned. Then the Dulins reopened their Civil Case. Mr. Gray, being a criminal attorney, and having recently suffered the loss of an adult son, withdrew from the case. At that time Richard Ellison was hired to represent Matt Baker in the Civil Case. Then in March, 2009 the case was taken to a Grand Jury and Matt was indicted. Mr. Ellison agreed to become Matt s Criminal Attorney as he was well qualified. From the first day Mr. Ellison began representing Matt in the criminal case he attended the Hearings, and filed several Motions, one being that money would be made available for expert witnesses that would be necessary for Matt s defense during the trial. The Court Granted the Motion to pay for Matt s expert witnesses. The Court also agreed to pay for the defense to hire a private investigator. During the approximately 5 weeks Mr. Ellison represented Matt, he made two or three trips to Waco to attending hearing and for other court purposes. After a couple of the court hearings, Mr. Gray called me to see what I thought about the kind of job that Richard was doing in representing Matt. I had not been present except for one of the Hearings, because I was recovering from surgery. I told Mr. Gray that I thought Mr. Ellison was a very intelligent person, and really knew the law, however there were times the judge was rather harsh toward him and that was a little unsettling. Mr. Gray said he had been hearing from people up there (Waco area) that Mr. Ellison was going to mess the case up and he, Mr. Gray, needed to get back in as quick as he could before it was too late. He asked me what I thought. I told him that I had not observed him, Mr. Gray, in a courtroom, but I knew his reputation. I confided in Mr. Gray that both Matt and I felt that the

8 perfect team would be if the two attorneys, Mr. Gray and Mr. Ellison could work together. Matt and I felt that Mr. Ellison was probably much better at the actual research and paper work, and that Mr. Gray might have a better courtroom demeanor. It wasn t until after the trial that I learned that Mr. Gray was criticizing Mr. Ellison s handling of Matt s case to others to ensure that Mr. Ellison would not want to stay on the case. This is the same thing that Mr. Gray did with Mr. Villarreal the first time Matt was arrested. Shortly after Mr. Gray managed to get Mr. Ellison out of the case so that he was on the only attorney representing Matt, he let his secretary/assistant go and did not refill the position. This left Mr. Gray without a person to do any of the clerical work for him less than four months before trial. Almost immediately after Mr. Gray took over the case it became much more difficult to have any contact with him. Matt was never sure if he needed to be doing anything to assist, or whether it was better to try and talk to Mr. Gray. After not hearing from Mr. Gray for a couple of weeks, Matt would request a meeting. When Mr. Gray did meet with Matt, these meeting were very short and the results were always the same. Mr. Gray would tell Matt that his plan for the trial was to let the State put their experts on the stand and then he, Mr. Gray, would tear them apart. I was present for several of these meeting and it never made any difference to Mr. Gray what new evidence came to light since the last meeting, he would just repeat the same thing. Mr. Gary would say he did not see any evidence against Matt. Mr. Gray s would state that his strong point was selecting jurors, that he did not need any experts, and that he would rather let the State call their experts and tear them down. Mr. Gray told us that he did not want to make the state pay for experts, because the jury would know they were paid whores, only there to say what we wanted them to say. Mr. Gray led us to believe he was competent enough to challenge the State s experts in their filed of expertise. Sadly, we bought into this siren song and did not realize we were being lied to until it was too late. After Mr. Gray let his assistant go, he asked Matt if I would transcribe the Investigator s audio tapes of the interviews he recorded, the video of Matt and Vanessa Bull s at the Hewitt Police Department. Matt and I transcribed all the reports, organized and scanned the photographs in the files for Mr. Gray. We even created a USB Flash Drive for Mr. Gray containing the files for easy access for use during the trial. Mr. Gray told us, I don t want that (the flash drive) and refused to take it. About this time Mr. Gray called Matt in and told him that he needed someone to help him, since he had no one to file the hearing papers, etc. Matt asked him who he wanted, and Mr. Gray said that Harold Danford would be a good one. Matt called Mr. Danford and set up a meeting with Mr. Gray, Mr. Danford, Matt and me. When Mr. Harold Danford joined as his assistant counsel the flash drive was given to him to use to study the case. None of the information that was organized and made available for Mr. Gray and Mr. Danforth was ever used in the trial.

9 About six weeks or so before the trial, Matt was called by Mart Hanna, the investigator that Mr. Gray was using. Matt was encouraged by Hanna to tell Mr. Gray that he had been lying about the affair, as there was no evidence in the case and it would be bad to go to prison for a murder, when all he had was an affair. I went with Matt the day that he told Mr. Gray. He showed no surprise, or anger, just told Matt to get out. It was later that day that Matt received an from Harold Danford stating that Mr. Gray was asking to be removed as defense attorney and that Mr. Danford would also, as he was only in the case to assist Mr. Gray. In the Hearing held on December 30, 2009, it was agreed that Mr. Gray and Mr. Danford would remain on the case. On or about January 5 7, 2010, Mr. Gray called a meeting of Mr. Danford, Mart Hanna, the investigator, Steve Schulte, another attorney, Matt and me. At that meeting, he told Matt that he was going to begin his opening by telling the jury that his client was a liar, and had no credibility, and that it wasn t going to be pretty. On January 5, the week before the trial, the attorneys still had not talked to Matt about what to wear, how to present himself, etc. so he sent the following to both attorneys: GJG and Harold, I just wanted to touch base with both of you with a couple of questions: 1) What attire should I wear each day for the trial? Dress shirt and tie only Or Shirt, tie AND suit jacket (Harold mentioned he liked what I wore the other day to the pre-trial hearing) Thanks. Matt Baker 2) Do I need to be doing anything to assist either of you? 3) Do we need to have a meeting this week? However no response came from either attorney. Matt was left to make that decision alone. On the way to Waco for the trial, I talked with Mart Hanna. He told me that he was on his way to Houston and did not know that the trial was scheduled for that week. When I relayed this to Mr.Gray, he laughed and said Mart knew the trial was for this week but made no attempt to contact Mr. Hanna and get him to trial to testify. The trial began on January 12, Mr. Gray began as he said he would, discrediting his client to the jury. Mr. Gray told the jury that Matt was a liar, that Matt lied to his wife, that Matt lied to his family, and that Matt had been having an affair. I felt that Mr. Gray was using that as some type of attorney strategy, but my thoughts were, why wasn t there any client-attorney privilege. Why would you want your client to look as bad as you could make him look? This did not seem to be the job of a defense attorney, but the job of a prosecutor. At the end of each day of trial, as Matt, Mr. Gray, Mr. Danford and I would leave the courthouse, Matt would always ask (Mr. Danford because Mr. Gray would not look at him or talk to him) if

10 they were going to meet that evening. Matt asked if he could meet with them, as he wanted to be involved with his defense. But each day, Mr. Danford would tell him that he didn t know, but would text him, or call him. And each evening Matt would receive either a text or a phone call from Mr. Danford saying that he would not be needed. That concerned Matt because he felt that he should have some input into the trial. But even in one of the meetings during the day (as per Matt s notes that he took throughout the trial) when the two attorneys were meeting and Matt was with them on January 19 at a 10:15am break, they were going over Vanessa Bull s testimony and getting ready to cross, Matt would raise an issue and Mr. Gray would say Don t bother us, Matt. Matt was denied any roll in his defense even though it was his life on the line. On January 15, Mr. Danford asked the Court for funds to hire a defense expert to challenge the testimony given by the Dallas Co. Toxicologist. The Judge denied the expert that Mr. Gray and Mr. Danford were asking for because the expert had discussed documents from the case with the press. This was the first time Matt I were made aware of a major problem with the State s case and experts. Though the Judge denied us the expert who spoke to the press, the Judge told Mr. Gray that if we came up with a different expert, he would re-address the issue. Over the three day weekend we came up with an expert that would meet the court requirements and sent the below to Mr. Danford and Mr. Gray regarding the possibility of calling this expert witness. The attorneys never responded to the or discussed any expert with us. You might try contacting nationally renowned forensic pathologist Michael Baden who works for the New York State Police. He is likely to be interested due to the national media coverage and since he currently works for a law enforcement agency, Judge Strother should have no objection. Their web address is below. As different people were on the stand, it became evident that Mr. Gray was not planning on crossing them enough to contradict their testimony. Matt and I were very aware that Mr. Gray had in his possession documents with which he could have refuted the testimony of almost every person the State put on the stand, but he didn t use this information. I had helped put the file together, and read and re-read it many times. I would hear the false statements by witnesses on the stand, yet Mr. Gray made no attempt to challenge the statement as being not true. After the guilty verdict came in and I returned to Kerrville; I sent the following to Mr. Danford, Harold, time is of the essence at this time, but I need to have Matt s file compiled in no less than 48 hours to be delivered to attorney of choice. I will notify you of which attorney, probably Monday, January 25, Would you please make sure all the files / evidence are collected from Mr. Gray as well? I am attaching a copy of the Power of Attorney that Matt signed and had notarized by Betty Poyo.

11 If you need any other information, please feel free to or call. Barbara Baker No response came from either attorney. I waited it out to see what the appellant attorney, Stan Schwieger, in Waco wanted to have done with the file. By the time that it was decided that we should pick up the files, I learned it was at Mr. Gray s office. This was almost thirty days after Matt s conviction and sentencing, but Mr. Gray said that he needed more time to look through the files to make sure he did not have any of his personal things in them, to call him back the following week. (This would be after the 30 day time frame for filing a Motion for New Trial) The next time I heard from Mr. Gray was after Matt s new attorney had filed the Motion for New Trial, citing Ineffective Assistance of Counsel, against Mr. Gray s representation. In that call Mr. Gray said he was going to keep Matt s file and only hand over to the new attorney, Mr. Schwieger, those files Mr. Schwieger requested and only when he requested them. Even after Matt was convicted and sentenced to 65 years in prison, Mr. Gray continued to do everything in his power to help the State hold the conviction. It has become clear to Matt and myself that Mr. Gray pushed himself into this case for the sole purpose of preventing Matt from having a defense and at all times aided the prosecution. Mr. Gray did more work getting into the case and forcing the attorneys of record out of the case than he did preparing for trial. He forced the attorneys out of the case in 2007 and again in Since Mr. Gray was working pro-bono he courted the media for his personal gain alone at the expense of defending his client, Matt Baker. In furtherance of his negligence, Mr. Gray refused to talk or meet with Matt some five weeks prior to trial as well as during trial, preventing Matt Baker from being part of his own defense team. When Mr. Gray first met with us, he stated that he was all about justice. But in hindsight, Mr. Gray never represented Matt s interests, only Mr. Gray s as he courted every national news organization he could get to interview Matt. Mr. Gray never counseled with Matt before any press meeting, never objected to any questions, never advised Matt that anything he said could be used by the State at trial. There were occasions, after an interview arranged by Mr. Gray, when Matt asked Mr. Gray why he didn t step in when it was clear that the question asked was not in Matt s best interest to answer. Gray stated that he, Mr. Gray, could not hear any of the questions. This hard of hearing game continued throughout the trial. Mr. Gray told Matt his strategy at trial was to tear down the states experts, but Mr. Gray did not even cross the States key experts and when he became aware he need an expert, he refused to seek one out. It is my understanding Mr. Gray violated the Barratry Law of the State of Texas by contacting Matt Baker while he was represented by counsel, not once, but twice and violated virtually all the State Bar Rules of Professional Conduct and I m asking the Texas State Bar to investigate these allegations, so Mr. Gray cannot do this to anyone else. V. ATTORNEY-CLIENT PRIVILEGE WAIVER I hereby expressly waive any attorney-client privilege as to the attorney, the subject of this grievance, and authorize such attorney to reveal any information in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar of Texas.

12 I understand that Disciplinary Proceedings are strictly confidential. TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO THE OFFICE OF CHIEF DISCIPLINARY COUNSEL CLOSEST TO THE ATTORNEY S OFFICE. PLEASE SEE LIST OF CHIEF DISCIPLINARY COUNSEL OFFICES BELOW. Austin Dallas La Costa Center 6300 La Calma Dr., Ste. 300 Austin, Texas Fax: One Lincoln Centre 5400 LBJ Freeway, Ste Dallas, Texas Fax: Houston 600 Jefferson, Ste Houston, Texas Fax: San Antonio Federal Reserve Building 126 E. Nueva, Ste. 200 San Antonio, Texas Fax: