The Murder of Ryan Adam Moon

The Subpoena

 
As mentioned earlier, Karen and I were subpoenaed and were not allowed in the trial. Chris Lyson's mother, father, and other family members were also kept out. My family was sitting in the courtroom right before the trial began. We were talking with Justin Cunningham and his assistant Maggie Marmolejo. I believe Joe Commander was there but I would not swear to this.

They were telling us about their trial strategy. We were really nervous because they said it would be difficult to win. I asked if they had discussed a plea bargain? Wouldn't that be better than letting him walk if they didn't think they could win?

Within minutes, my entire family was escorted into Bobby Bland's office. He was hysterical, almost irate. He was banging his hands on his desk. I don't remember what he said about the plea bargain but he mentioned (loudly, I might add) that someone in our family trashed him on the internet. I told him I had commented on my personal blog about him, but I did not trash him. I told him I wondered why he assigned this case to an ADA when he told us he tried all murder cases himself. There were 13 murders in Odessa in 2008. There was a story in the newspaper about it. I assumed he assigned some cases to assistants to clear the backlog. A copy of the story is on this blog under the "News Articles" tab titled "Homicides up in Ector County."

We were told that Karen was subpoenaed to testify for the state. Who better than a mother to tell the jury who Adam was, Cunningham said. I was subpoenaed to testify for the defense. I was shocked. At that point I assumed Christopher Lyson was probably guilty. I asked why on earth the defense would call me as their witness? I was told that Dusty Gallivan had googled Lyson's name, found my blog, and knew my name. They said it was common practice to subpoena family members to keep emotion out of the courtroom. We were informed then that Lyson's family would be subpoenaed as well. They actually laughed about it. They thought it was very funny. Thinking Joe Commander was the court bailiff, thinking he was on our side, I told him I had not been served and I would be in the courtroom. Within minutes, Joe Commander served us our subpoena, the subpoena he personally signed on November 9.

That day I read my subpoena and noticed it didn't mention Dusty Gallivan or anything about the defense. It did say "in behalf of the State." I didn't think much of it at the time. Karen and I waited nervously to testify. Neither of us were called as witnesses for anyone.

Since then, I have researched TX law on issuance of subpoenas. They did not attempt to serve me as required by law. My subpoena is dated November 9, 2008. I was served November 17, 2008, within an hour or so of the beginning of trial. They had my email address, acceptable with acknowledgement of receipt. I had no opportunity to quash the subpoena. What if I had not driven to Odessa for the trial? Law states the testimony of a witness must be material for the state or the defense. What material testimony could I possibly have for Lyson? It must not have been very material since they didn't bother to attempt to serve me. Most important, the law clearly states the subpoena must identify the party at whose instance the subpoena is issued, and the party's attorney of record.

They lied. The prosecutors subpoenaed me, not the defense. This is not my opinion, this is fact. Bland knew it. Cunningham knew it. Commander knew it. Everyone was in on it except Adam's family.
Texas victims rights laws give Karen the right to attend all public hearings.  They denied her of her rights.  Law also gives her the right to a waiting area free of witnesses.  We were held in an area in front of Bobby Bland's office while Adam's killer and his girlfriend (their star witnesses) were paraded in front of us.
  
This is only one small piece of the puzzle. Put this lie with everything else, and one must question the intent of the Ector County District Attorney's Office and the Odessa Police Department. Is this just inept police work and inept prosecutors? Or did they intentionally "frame" Christopher Lyson for murder? Did they intend to put an innocent man in prison to protect one of their criminal informants? Did they intentionally attempt to keep Adam's family out of the courtroom so their lies would not be exposed.  These are questions that MUST be answered.
 
Art. 24.03. [463] [526-529] SUBPOENA AND APPLICATION THEREFOR.  (a) Before the clerk or his deputy shall be required or permitted to issue a subpoena in any felony case pending in any district or criminal district court of this State of which he is clerk or deputy, the defendant or his attorney or the State's attorney shall make an application in writing or by electronic means to such clerk for each witness desired.  Such application shall state the name of each witness desired, the location and vocation, if known, and that the testimony of said witness is material to the State or to the defense.   
 
Note:  I did obtain a copy of the application for my subpoena.   It did not state that I had any relevent testimony.  That question was left blank. 

Texas Code of Criminal Procedure - Subpoenas
http://law.onecle.com/texas/criminal-procedure/chapter24.html 

This is a c/p of the post from my personal blog that so upset Bobby Bland. It is titled "Finally a Trial Date."
November 17, 2009 Christopher David Lyson will stand trial for allegedly murdering my nephew, Ryan Adam Moon. Today my sister Karen met with the assistant district attorney that will try the case. Initially she was apprehensive as he is very young and this is his first murder trial. Karen felt good about him though. In the past the DA has tried ALL murder cases in Ector County but I suppose due to the bad press he has decided to farm some out to his assistants. I wonder why this one? We have so many questions for him. I'm trying to put them together in some type of cohesive format. There is so much we (or the ADA) don't know yet. I think the answer lies in the murder weapon. Was it a knife or a screwdriver? The ADA wasn't aware of a screwdriver until Karen brought it to his attention. I personally mentioned it to Detective Barbosa. Didn't he take notes? There are 2, maybe 3 more people that need to go to jail for this, yet they are free. They are witnesses. Unreliable witnesses according to the ADA. I'll bet if they were arrested for murder, and truly innocent, they would sing like a bird. Maybe then we could get to the truth. I have researched TX law. They are all guilty. I see it all the time on A&E's "The First 48. If for nothing else, they ran with the killer and hid him out from police leaving Adam to die on the street. I do believe in the American justice system. I think it's the best in the world. I have faith the truth will come out.