Case 3:09-cr-00299-M Document 17 Filed 01/14/2010 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA §

§
v. § CRIMINAL NO. 3:09-CR-299-M
§
DONALD W. HILL, ET AL §

DEFENDANT DONALD W. HILL’S PROPOSED FINDINGS OF FACT AND

CONCLUSIONS OF LAW

TO THE HONORABLE BARBARA M. G. LYNN:

Pursuant to L.R. 23.1 Defendant Donald W. Hill respectfully submits his Proposed

Findings of Fact and Conclusions of Law:

On January 28, 2010, Defendant Donald W. Hill was tried before this Court, pursuant to

Federal Rule of Criminal Procedure 42(a)(2), for criminal contempt for violations of the Court’s

June 12 Order Regarding Extrajudicial Statements. Having heard and reviewed the evidence

presented at trial, this Court makes the following findings of fact:

1. On June 12, 2009, the Court entered an Order Regarding Extrajudicial Statements

(the “Gag Order”).

2. On June 18, 2009, Defendant Donald W. Hill, along with his counsel Ray Jackson,

participated in a television interview conducted by Gary Reeves of WFAA-TV,

Channel 8 (the “Interview”).

3. In advance of the Interview, Defendant Hill believed that the interview was to be a

personal relations interview, that the topic of the trial was off-limits and that

participation in the interview would not violate the Gag Order.

4. Defendant Hill did not agree to or otherwise participate in the Interview with a

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willful, contumacious, or reckless intent to violate the Gag Order.1

5. The statements made by Defendant Hill during the Interview did not violate the Gag

Order.

6. The statements made by Defendant Hill during the Interview were not made with a

willful, contumacious, or reckless intent to violate the Gag Order.

In light of the foregoing findings of fact, the Court finds that Defendant Hill is NOT

GUILTY of criminal contempt for violations this Court’s June 12 Order Regarding Extrajudicial

Statements.

Respectfully submitted,

/s/ Marlo P. Cadeddu

MARLO P. CADEDDU
Texas Bar Card No. 24028839
LAW OFFICE OF MARLO P. CADEDDU, P.C.
3232 McKinney Avenue, Suite 700
Dallas, TX 75204
Office: 214.220.9000
Fax: 214.744.3015
Email: cadeddulaw@sbcglobal.net
ATTORNEY FOR DEFENDANT
DONALD W. HILL

CERTIFICATE OF SERVICE

I hereby certify that on January 14, 2010, I electronically filed the foregoing document
with the clerk of court the U.S. District Court, Northern District of Texas, using the electronic
case filing (ECF) system of the court. The ECF system sent a “Notice of Electronic Filing” to
the attorneys of record who have consented in writing to accept this notice as service of this
document by electronic means.

1
Elements of criminal contempt are “(1) a reasonably specific order; (2) violation of the order; and (3) the willful
intent to violate the order.” United States v. Landerman, 109 F.3d 1053, 1068 (5th Cir. 1997). Criminal contempt
“requires a willful, contumacious or reckless state of mind.” Matter of Hipp, Inc., 895 F.2d 1503, 1509 (5th Cir.
1990). “Negligent, accidental, or inadvertent violation of an order is [an] insufficient” basis upon which to find
contempt. United States v. KS & W Offshore Engineering, Inc., 932 F.2d 906, 909 (11th Cir. 1991).

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/s/ Marlo P. Cadeddu

Marlo P. Cadeddu

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