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Department of Family and Protective Services, at and to Rochell Bryant, Francis’s supervisor.
the time of the offense.
On cross-examination, Ross’s attorney questioned
Ross’s bench trial began on September 17, 2015. Francis about whether the significant amount of
The State presented six witnesses, rested, and then blood that they found on the mattress and in the
the defense rested without presenting any bedroom could have been there because the baby
witnesses. The State’s first witness was Jessica had died. He also suggested the possibility that if
Francis. She testified to the following facts: the baby had died it could have been hidden
somewhere in the kitchen, such as in the crock pot.
• Generally speaking, the Department’s
Francis was not agreeable to these suggestions.
investigators receive intakes of allegations
Francis believed that Ross was concerned about
regarding abuse or neglect, and they conduct
gathering information about Hunt’s drug use.
interviews and gather information to investigate
Francis also took issue with the fact that, once
those allegations and determine if there is any
they found the baby later that day at another
intervention necessary to protect the children
residence, Ross wanted to get the baby drug tested
involved.
before the baby was seen by a doctor. It was
Francis went with Ross to the Highway 69 S. home established that there were in fact drugs in the
to assist her in this investigation. baby’s system. Francis believed, however, that the
baby needed to see a doctor first.
• After the two members of the Hunt County
Sheriff’s Office broke down the door and made The next witness was Sandra Balderas, the Region
sure nobody was in the home, Ross entered the 3 Training Academy Manager for the Department
home. Francis stayed outside for “several of Family and Protective Services. Balderas
minutes,” then went into the home. testified to the following:
• She went into the bedroom where Ross and one • She has been employed at the Academy since
of the deputies were searching. They had flipped 2008, and she has been the Manager since 2012.
the mattress (which had a bodily fluid and blood
• The Academy Manager “schedules trainings,
stains on it), and had been looking at a journal and
insures the fidelity of the training, and that the
a calendar.
trainers are training the correct formats provided
Francis said that she felt like the things they were from the State office, and anything else that comes
looking at in the bedroom were helping them in up regarding training.”
their search for the child.
• Balderas said that the Academy provides training
• Then they went into the kitchen, and Ross to employees and potential investigators on Fourth
“instructed the officer that was helping us to grab Amendment, civil rights, and search and seizure.
a crock pot or a pot down from – it was either up
• All of the new hires take a computer based
on a shelf or up on the fridge, to look in that.”
training labeled “4th Amendment Training.” They
• Francis testified that she did not feel that the attend a class taught by an attorney that only
search of the kitchen was authorized by the Order covers the Fourth Amendment. In addition, the
because they were “no longer looking for the legal aspects of the Fourth Amendment are
baby.” worked into all of the training classes on how to
investigate.
• Francis felt it necessary to report that to
Reynolds, Ross’s supervisor, Balderas said that, according to Ross’s transcript,
54 www.texaspoliceassociation.com • 866-997-8282 Texas Police Journal
