Brett L.

Ferguson
& ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
327 EARL GARRETT STE 104 * KERRVILLE, TEXAS 78028
PHONE: (830) 895-2544 * FAX: (830) 895-3353
Brett L. Ferguson - bferg@ktc.com
TX Bar # 24040889
January 21, 2020

Mariah Medina
KENS 5 Investigative Correspondent
VIA Email: Mmedina@kens5.com

RE: State v. Codie Coy May; Possession CS PG 1 < 1G; Cause No: A19-178, in the 216th
District Court of Kerr County, Texas

Ms. Medina,

I believe the job of every attorney practicing in criminal law is to ensure that those that
find themselves in the criminal justice system have been treated fairly and that all of the rights
guaranteed to them under the United States Constitution are upheld and protected.
In this case we have a situation where one officer saw fit to fabricate information to create
probable cause where none existed. The other officers that were present during the incident
agreed that some of the information that Officer Yarbrough claimed to have seen were either not
present or not viewable from his position.
Our hearing is what’s called a Franks hearing. It’s a hearing based on a U.S. Supreme
Court case that ruled that where a defendant makes substantial preliminary showing that a false
statement knowingly and intentionally, or with reckless disregard for the truth, was included by
affiant in search warrant affidavit, and if after false statement is removed and with what remains
cannot support a finding of probable cause, Fourth Amendment requires that the warrant be
voided and the fruits of the search be excluded.
We believe that this is the case here. We believe that the false statements made by
Yarbrough was the only probable cause set forth in the affidavit for search warrant and that all of
the evidence, including any statements made or possible testimony about the evidence, will be
suppressed and deemed inadmissible at trial.
It’s my job as the defense attorney to protect the rights of my client and in doing so we
can help ensure that the rights of all citizens are protected. It may not be a suspected criminal
next time that the officer decides create false information. It may be my daughter, your mother,
or brother or sister. The U.S. Constitution applies to all of us and we want it to apply when it is
needed, as in this case.

Respectfully,
/S/ Brett L. Ferguson
Brett L. Ferguson
Attorney at Law