HARRIS COUNTY CASE # 9407130

1. There are pages missing although out this, but you can see from the numbers at the bottom of the page 0000025. Every other page is missing! I had to pay $ 304.00 for all of this! Anyway this was my direct appeal.

2. This is where my jury voted I should be put down like a wild animal . (At 000026 & 000027, let’s ask David Leon Gibson what he thinks of all this new evidence)

3. Of course not. Because I wasn’t there, and didn’t murder Mrs. Franklin. This motion is pretty straight forward .

4. The whole case revolves around my FALSE CONFESSION. And all of the CIRCUMSTANTIAL EVIDENCE is just that, nothing but circumstantial.

5. I have never harmed any older person. But here to you see my attorney dropped the ball, and nobody investigated the other suspect. If they would had, they would have seen he lied about where he was. I do honestly believe that if they would had questioned him first, he would had been caught in his lies about his whereabouts, the night of the murder. They would had focused on him. I have never accused Mr. Bangs, and I am not doing so now. I am just stating a fact. It’s how they are, once they zero in on you. That’s it!

6. This is true as you will see, even after Sgt. Allen requested DNA be done. Joseph Chu flat out ignored that request. Why? Did he see something he did not like?

7. The nightshirt is “lost”, and whose fault is that? It is mine in their eyes. Since everything has to be tested and retested. And each time nothing of Mrs. Franklin was on me, or I on her. This should fall under “spoilization” and be in my favor, not held against me.

8. Miscarriage of justice. They don’t care. They found me guilty and as Mrs. Hardaway said: “He’s guilty and that is what me are going on.” Even after all the evidence came back with nothing of Mrs. Franklin on any of my clothing, or anything of me on her. That is just impossible. There is no way I left that bloody crime scene without taking something of her with me. As bloody as that crime scene was. It is just impossible.

9. I cannot tell you how happy I am that my attorneys fought to represent me in this DNA battle. I don’t know anything about the attorney who the court first appointed… But I think she used to work for the district attorneys office … just them looking out for one of their own eh? And I think I would be dead by now if the courts wouldn’t had allowed my federal attorneys to handle my DNA motions and hearings… Something I am sure they regret that they allow to happen. I have wonderful attorneys. They believe in me and fight for me. They aren’t pushovers. They don’t work for the state. So yeah..I love my attorneys.

10. The states response? We looked and couldn’t find it, it’s no big deal let’s move on’…but yet as I said, I am the one who suffers for this incompetence. They should ask the last person who actually had it, they have to write names down on everything. So here is a name…who knows, maybe he/she will recall.

11. These are the very panties they say I cleaned my hands on. But not even a small amount of the epidermis cells were detected on them. As was no other DNA. I would think that bloody clothing would pick up things from the floor as well. But nothing. Yet, they want everyone to believe Mrs. Franklin’s hands magicly landed in the only two places on that whole carpet that had this other ‘blood’ as a justification to deny me . Claiming ‘innocent contact with the floor. This method of DNA testing is called PCR, and it is a very sensitive form of testing that can even detect even the slightest amount of DNA, Even mixed DNA samples. And it was preformed on the panties and carpet. And nothing. Yet Mrs. Hardaway still insist that Mrs. Franklin’s hands ‘could have’ landed and picked up this ‘blood’ from the carpet. If sections of the carpet were tested using PCR, and it was, and the only DNA they found was Mrs. Franklin’s that should speak volumes right?

12. This PCR testing became available in the HPD crime lab in 1993. So there is absolutely no reason why they couldn’t had used it back then. More so since Sgt Allen requested DNA testing and the DA saw Chu’s lab report. He clearly has handled DNA cases before. So he knew just what he was looking at and did nothing. Not even correct Chu’s testimony.

13. This is huge because the knife I had was the smallest old-timer made, a 2 inch knife. Mrs. Shirley Gunn even testified that it was 2 or 3 inches. Even if it was 3 inches, which it was not, it would still had left hilt marks. No way around that.

14. This procedural bar…well this is what we will be attacking next and trying to get past. All it means is I should be allowed under the Trevino v. Thaler 133 S. CA 1911 (2013) ruling to bring this claims up and hopefully get relief on those. All this will fall under Ineffective Assistance of Counsel (IAC) which is under Strickland v. Washington 466 U.S 668 687(1884) there is a lot more as you will read in a bit.

15. This is proof that Joseph Chu had my blood and knew my blood type. So when he testified that he didn’t have anything to compare it to…it is clearly a lie. That (JHC) you see, that is Chu. So why would he lie about it? I truly believe it was to help send me to my death. He knew I confessed, they were all there when I sign the paper then shortly after took my blood, photos of my hands and hair.

16. That blows me away about this page is the street address 2301 Kowis. This is the street directly behind my grandma’s house…I mean what the hell is he doing over there? I never knew him to be in that neighborhood. I don’t know how close this address is to my grandma old house, 3014 Cedar Hill…but it is kinda freaky.

17. This is the police report in Edward Bangs case, this is the ‘sweetest guy ever’. My ex Kari Anne Wright told Mike Giglio about who wrote that article on me. ‘True confession?’.

18. Here as another page out of the actual police report that tells just how much blood was on and under Mrs. Franklin. Yet i had none on me …impossible. More so since when Eric said he discovered her he rolled her over and ‘was going to attempt CPR, but didn’t once he saw her throat was cut.’ He got his hands and arms covered in her blood just by rolling her over. But again, I had not one micro droplet of her blood on me? Impossible.

19. And here we have the on scene detective stating in their own words they observed blood ‘caked underneath her nails‘…yet the TCCA refuses to believe the detectives on that…they believe them on everything else but that one thing. I don’t see how they can undermine what the detectives said they actually observed. I just don’t understand it…if it was my blood under her nails I bet they would say ‘Raby’s’ DNA was found under her nails as was observed by on scene detectives ‘ . . . They would jump all on that if it would had been my DNA Under her nails. But since it isn’t. They are either calling the detectives incompetent or liars, maybe even stupid. Why else wouldn’t you believe them?

20. Now you get to meet Mrs. Donna Espadas, the across the street neighbor. This is a page out of the actual police reports. She lived directly across The street. You can read what she had to say in her own words. My trial attorney should had at the very least talked to her and he really dropped the ball by not doing so and calling her to testify. This would fall under (IAC). If he would had investigated her statement, and that of Mrs. Shirley Gunn, he Would had seem that the man she witnessed taking off that screen was not, And could not had been me. I was Mrs.Gunn’s house at exactly the very moment this person was breaking into her home. (See map Franklin’s 617 Westfield to Gunn’s, 9146 Simmons.)

21. Here we have Eric’s own words of how she was covered in blood and he was ‘going to “try” and do CPR, and that he washed blood off himself.

22. Again, here is Mrs. Espada, the across the street neighbor. And here you see they call this person ‘the suspect’.

23. Here is a affidavit by Dr. Radelat MD. Good read. He talks about the lack of hilt marks as well and talks about the condition Mrs. Franklin had ‘senile purpura’ which causes the body to bruise easily. He talks about signs or lack of signs of rape.

24. Here is the last time it seems that anyone saw this white blouse. But it is my fault they can’t find it. Just another very important key piece of evidence forever lost. Just one more thing my DNA would not be on.

25. Here is where you can see where the screw driver and knife were collect I would like both tested before they to come up ‘missing’.

26. Here we see Chu had my blood and saliva. Yet he said he had nothing to compare the results he did tested to.

27. Now you will read of all the things my trial attorney failed to do that he should had done. I repeat I respected Felix Cantu and still do. But yeah, there was so much he should had done. And it falls under ineffective assistance of counsel.

28. Here is something I never understood. If he would had read the police report he would has read that Eric found Mrs. Franklin on her side. And the ‘spread eagle’ was due to Eric rolling her on to her back. But this is something he should had correct, because it gave the jury the impression that she was found like that, and if she was indeed found like that, then that would point to sexual assault or attempted sexual assault. Yet I am blamed for something Eric did when he rolled her on to her back causing her legs to part.

29. Alright, I have thought long and hard about the things you are fixing to read. I really don’t feel my ‘punishment part’ of my trial is anyone business. And it is my family that is being talked about here. Some of this stuff was really painful to read and a lot of it caused me to have memories I have blocked out. So yeah, this will be hard stuff to write about and try and explain. 

Some of this happened before I was even born. And I didn’t learn of it until my attorney file this brief. I was shocked to read some of these things. Some of it I have already touched on, like that nut Doctor Walter Quijano. I think he is a fool, and has no business being a Doctor. But that is just my personal belief. So I won’t touch on him anymore. But my attorney, Felix should had never called this fool.

30. Okay …here is where the pain starts…even reading this stuff again after all these years is hard. Some of it I will touch on. I just don’t know if I can talk about all of it. If I do it will be long.

My dad Charles Elvis Raby. He left when I was almost 2. I found him when I was 17 and went to live with him for about 7 months or so. I do not know him. I really know nothing about him. I don’t love him, I don’t hate him. I don’t like or dislike him. (Maybe this is what my daughter feels toward me, nothing. I can’t say I blame her. But the difference with my dad and I, I didn’t have a chance. I was arrested on this crime I didn’t do. While my dad always knew just where I was.) But while living with my dad in New Ulm TX, I got to meet my half sister Angelia, brother Billybob and little sister Charlie Fae, and his wife. A wonderful woman Wanda. But I didn’t ‘bond’ with my dad. We never really talked.

I have heard the stories about him, the way he treated my mom, and his ex wife Wanda told me how he did her. He wasn’t a very nice guy. I do recall the first time he and I bumped heads, we went coon hunting, that was his favorite pass time. Well, one of the dogs didn’t want to leave the truck and he picked up this log and started beating the dog with it. I told him to stop, he stopped. Then explained to me: ‘you have to teach them’ I told him: ‘not like that’. Soon after we went back to the house. So no, I don’t know my dad. One night he did something one night I just find unforgivable, he crossed a line and there is no coming back from it, and that was the last time I ever saw him.

31. I know all about my grandfathers actions now…I didn’t learn this until my attorney filed this stuff. I didn’t believe it, I refused to believe it. And then I asked my mom …she told me yes. My mom doesn’t lie to me. But I was torn…I am still torn between the grandfather I knew and love and not learning about the man that hurt my mom. The one person she should had been able to trust the most. I have nothing but fond memories of my grandfather.

I lived with him for a bit and we did everything together. Taught me how to track in the wood, taught me how to track myself out of the woods by following my tracks, how to fish, drive, let me shoot my first gun, how to shoot a bow. He would let me drive him everywhere. I still love him. But now I know how he did my mom…I am torn between the two feelings I have towards him. I just don’t know what to say. My mom forgave him. She trusted him with me. I just don’t know how to respond to this.

32. Roy Robinson. This man is not my grandfather by blood, but he is and was my granddad. I loved the man, he never harmed me in anyway, he recently passed away in 2015, and would always come see me, even came to see me shortly before his death, making my aunt Charlotte bring him. He would help me in any way he could. I have always grown up hearing the story about him and my aunt Mary, I wish it weren’t true. But yeah, it is. But the man cared for me. If I needed something, all I had to do was ask. He is the father of my two aunts, Charlotte Marie and Charlotte Jean. He gave me two aunts I love dearly. I am more closer with Charlotte Marie. She comes to see me, helps me when she can. So I am thankful that he gave them to me and treated me good. I loved the man. To him I was his grandson, hell he was there before I was born. He was my grandfather.

One thing I find hard to believe…I am not saying it didn’t happen, but they say he beat my grandmother….I never saw this in all my life. But I can honestly say this…my grandmother wasn’t the kind of woman that you would want to put your hands on. I did however see her get on his ass one day. She never told me personally he beat her. Again, my grandma wasn’t a weak woman. She is one that told me never let anyone put their hands on me also. I am not saying it didn’t happen…but it is just something I never heard of. I do find that really hard to believe, even my mom never told me anything about this.

33. Okay here is something else I just don’t think is true. My aunt’s aren’t the ‘forgiving’ kind. They loved their dad. I know, I know this first hand. He loved them. My mom never told me about this either. Charlotte or CJ never told me this. CJ and I both lived with Roy, and if my memory serves me correct, the reason CJ had to go live with my aunt Louise wasn’t because of any sexual abuse.

It was because Roy was a truck driver, and he stayed gone 5-6 days a week every week. Someone told someone in CPS or something that CJ was there alone and having to take care of herself. So CPS or someone stepped in and said that isn’t allowed, so rather than allow CJ to go into CPS, she went to live with my aunt Mary first, but that didn’t work at all, then with my aunt Louise and her husband. I don’t believe for a moment that Roy molested CJ. Maybe my mom is / was seeing something that wasn’t there. As for what my mom said about my uncle with CJ, I don’t believe that either. CJ was no weak chick, her and junior argued all the time and didn’t really like one another. But I think that was due to Junior’s dislike that she wasn’t his full-blooded sister. He did not like Roy, so he took it out on CJ and little Charlotte. CJ never told me anything about this. She know I would had gotten on him in a heartbeat. CJ and I were very close back then. We weren’t like aunt and nephew. She is just a few months older than me, we grew up together. I know CJ, if Junior did that then she would never speak to him. I don’t ever recall a time she didn’t, hell she allowed him to watch the kids…She knew when it came to those kids, Junior would die for them. So I don’t know what to say about this. Maybe my mom just saw something that wasn’t there.

34. ‘This family appears to be thoroughly ingrained in incest’…Look, the only one that had ‘incest’ done to them was my mom. I don’t know how this person whoever this woman is would say that. She is getting her facts mixed up. What happened with Roy and my aunt Mary was bad. No doubt, but that wasn’t incest. She wasn’t his daughter.

And I know for a fact he didn’t touch my little aunt. This chick is too much like me, and she is not the forgiving type. I just think when someone has been molested as my mom and aunt were…they tend to see it everywhere. Even when it isn’t going on. I don’t know. But Roy didn’t molest his two daughters. I never ever and I mean ever saw Roy raise a hand to them, or me or Wanda for that matter, or Junior. I never saw him strike my grandmother, ever. Did he before I was born? Maybe, I wasn’t there, but the man I knew never hit any of us kids.

35. Yes, my family has mental illness. So what? Whose doesn’t? But yeah, I will admit, my family had problems.

36. Am I crazy? I will be the first to admit I am crazy, but I am a different kind of crazy. I don’t suffer from mental illness. I don’t take medication. My kind of crazy is kinda hard to explain without making myself seem like a heartless person. Let me put it like this, you put your hands on me then you will see a wild wolf. Until then, I am as sane as they come. I don’t hear voices, I don’t see things that aren’t there, I don’t think people are out to get me…I know just who will get me. And it isn’t any fictional people, it is the state of TX if they have their way. But am I crazy enough to bust some fool in the head with a rock that is hurting me? You better believe I am. Do I know it could hurt him? Yes. Would I care? No. Not at that moment, no. So if that is crazy, then yes. But would or have I just hit someone in the head with a rock or bat or anything just for the hell of it? No, I ain’t that kind of crazy either. That’s just a crazy and mean person. I ain’t either until I am forced to be. I look at it like this. In the world I lived in when I ran the street and in here… You have to meet crazy with crazy. It’s just the way it is. I’m as harmless as can be until you touch me or wrong me. I have changed. Now I look at it, if you wrong me, you are just one less fool I have to deal with and I will never give you a second chance.

But put your hands on me… threaten me? I would really like to say I would turn the other cheek. I don’t have that in me. I will react. I know I will, I have, does that make me crazy? Or stupid? Both? Crazy and stupid … That is never a good mix right?

37. My mom didn’t start drinking until after I came to Death Row. And yes, she drank to deal with her demons. She wasn’t perfect.

38. This is because my mom didn’t drink until after I got locked up on this case. I never and I repeat never saw my mom drink the whole time I was with her. But she did start after I got locked up. And she did a lot of it from what I was told.

39. Abandonment by father… Hell who is to say I would had turned out any better? With my learning disability. I am sure he would not had liked that at all.

40. I don’t know what to say to this. She had a lot of personal demons I never knew about.

41. Yes, I would always run away from those places, hated them. They treated us bad. New Horizon was by far the best placement I was ever in.

42. Read and write completely, No, but this is my fault my attorney wrote that. Because I gave her that impression!. I was and still am so embarrassed at my lack of education, but the truth of the matter is, I didn’t really know how to read and write until I came to Death Row. I read very simple, like a 2nd grader. But I recall this event very clear. It is why I told her about it. I just recalled the book and the story, just as I recall Mrs. Knocks who read Charlotte’s web to the whole class. But with Jack and I, he did 95% of the reading. But I understood what the story was, I just flat out could not read and write. Hell, I knew the name of the street I lived on, my grandma lived on, knew street signs and really simple words. But don’t ask me to spell them back to you.

43. Well actually no… If we could get my grades then, it would clearly show I didn’t do any work. The only one that took a interest in my was the reading teacher. She took an interest in me and Jack.

44. Well no, it wasn’t a brick. It was a knife, an old stake knife that I broke the blade on and a old Spiderman – Batman – Superman belt I cut up. He tied it around my neck and I had to leave it on for weeks, but would take it off when he went to work. My grandma came over one day and saw it and asked me: “What is that?” I told her: “Bob makes me wear it”. Then she took it and I never saw it again. When Bob asked me where is was I told him, smiling that grandma took it…I had to stay in my room after that…or maybe it was for smiling. Either way I stayed in my room a lot.

45. Yeah, I recall when they stayed with us. I stayed in my room a lot, I mean a lot. My grandma would sit in the hallway that lead to the living room and would have them turn the TV so she could watch it, but it was really so I could watch it. She would always make me come out of the room and sit by her. Bob hated that. He didn’t like my grandma.

46. Yeah, he would beat my ass for the slightest thing. But I don’t ever recall him hurting my sister. He did sometimes, but most of it was directed at me. I think it was because I was another man’s son. That we were a reminder of my mom’s first husband. I don’t know. But yeah, I used to get beat on a lot. And made to stay in my room. I would have to spend whole summers in my room. Unless he was at work…but when he came home early and caught me out ..yeah it wasn’t good.

47. Yeah I recall this time, I was getting bigger and one day he just pushed me down for no reason and I got up and pushed him back. He kind froze at that. So I had to go to my room. I think this was the time I had made up my mind that he isn’t going to hit me anymore. I told my mom and she had me go stay with my grandma for a little bit, and then that is when she left him. I think I told her I would get him when he was sleeping. I don’t know what I actually said, but I always had a memory of wanting to get on him while he slept. I hated the man…he is my little brother Roberts dad.  I love that he gave  me my brother, but I hated him. I love my brother but not his dad. He was a baby back then, I think my mom left when he was like 3 – 3.5 years old. So, he has no memory of the hell I went through there.

48. Yes, my mom slept a lot. I never understood that. But when she fell asleep she was dead to the world, I mean there was nothing you could do to wake her up. The only thing I found that would wake her up was the smell of smoke. But it has to be a strong smell. It was like when she would fall asleep, it was a scary deep sleep. You could shake her, pinch her, tell her: ‘ma I am taking the car’ and walk out the door and nothing woke her up. She work a lot. But even when she wasn’t working, she would just go into those deep sleeps that lasted for hours, I’m just the opposite, I will wake up at the slightest sound.

49. Yeah, when I was young, I didn’t get much of anything. But hell, can’t miss what you don’t have right? I think this may be the reason I don’t like to posses very many things. Even out there, I kept just enough to get by. I would rather live in a house with nothing but the basics with lots of roomy space in it. I am just as happy sitting on the floor as a couch. I liked knowing that at the drop of a hat I could put everything of importance in my duffel bag and take off. I didn’t want anything to ‘tie’ me down. Maybe I get this from not ever really having anything? Could be why I would spoil my daughter, I was always buying her things, dolls, dresses, little things she could ride on. This was when she lived with me and my mom. Before I went to jail for fighting my step dad.

50. Paul Wayne Taylor. He was a good friend . But yeah, I recall him calling me that.

51. Yeah, me and my uncle Junior would go at each other and I would win, but with junior, you don’t actually win, because the moment you stop or let him up, he runs to his room and outcome the weapons. I think he threw a throwing star and John Sowell one time. He never hurt me, I’m crazy remember, so he would go get something. I would get something. But yeah, he was something else.

52. This is flat out false. My mom wasn’t a slut or some trashy bimbo. She did leave him and got with my other little brother Timmy’s dad. But then after that years later she met Bruce. These are Bobs words, my brother Robert is echoing, he was a baby, so how would he know? He rarely came over- he lived with his dad.

53. I have already stated Roy didn’t mess with his daughters. Period. I have never been molested in my life. Roy never touched me. If he would had, I damn sure wouldn’t have anything to do with him. I loved the man, to me he may had not been my grandfather by ‘blood’ but in my heart he was my grandfather and I his first grandson. Told me a few years ago, I was his first grandson. But really Ryan CJ’s oldest son is, but I know what he ment. I am not the forgiving type. So no, he didn’t molest me.

54. This is the most insane thing I have ever heard or read. My mom didn’t molest me. Never happened. I do not like this story, I don’t like people thinking my mom is some kind of pervert. He must be confused about this. She was likely telling him the story of her being molested, I don’t know what the hell would posses him to say this. But he is just flat out wrong. My mom has never said anything to anyone else about this. Hell I was hardly with my mom after she left Bob. I don’t have a memory of it because it isn’t true.

I have a very good memory of my early childhood. I recall a lot, and that never happened – me and my mom talked about a lot of things from her past. I even asked her about this, she said she don’t where he got that from or why he would say it. And this was during the time I was asking her about my grandfather molesting her. We were having a deep and personal conversation. I think she would had said something. And if such a event took place, which it did not, it would had while I was a baby. Anyway, no, it never happened, I have never been molested.

55. Shirley Guthrie said I showed signs of sexual abuse??? What sign? That I liked girls at a very early age? I discovered girls at a very early age at the 7. When I first started noticing girls was when they started noticing me. Mrs. Guthrie was my second favorite person at this ranch, Pete Miles being the first, this old cowboy who taught me everything I know about horses.

Hell, she even let me date her daughter Natalie. Hell, there are even old love letters she wrote me in my file from New Horizon ranch. I first saw those years ago when my attorney brought them up here with some other stuff when she was starting this brief. I don’t have them anymore, but I recall them. If I am right, there is a drawing or two on them. I mean this woman and her husband who worked at the ranch took a liking to me as did their daughter, and would take me to their house, to the movies, out to dinner. Everything.

Makes me wonder if I was a ‘case study’…me and her daughter…but man, just because I started liking girls at a early age is not a sign I was molested. I can recall the first girl I ever kissed and right where we kissed. Sherry Green who lived across the street from my grandma, and it was in my Grandma’s house late at night when everyone was asleep. I was up and Sherry was spending the night, she was CJ’s friend, and she was at the door, fixing to go home. Right there in the dark by the light of the fish tank we kissed. I was 8 years old. From that time on, she was my little sweet heart, I have told this story before, but I had two best friends that lived next door to my grandma, they were twins, and we were always getting in trouble together. Ricardo and Salvador. Somehow they found out that I kissed Sherry. Maybe they saw us, because that wasn’t the only time her and I kissed, or maybe they thought since I was always hanging around with her, they thought it would be fun to have a race around the church on the street behind my grandma’s house. So we all go and of course, she came with me, so they were a few years older than me, 2 years I think. They came up with the plan, all of us guys would race around the church. The winner? Gets to kiss Sherry. So we race…I win. We race again…I win again, I won all the races. But looking back I see now they let me win. They just wanted to see us kiss.

Then there was David Cunningham’s cousin who lived behind my grandma,..I kissed her. Then there was Gena who lived two houses down…I kissed her to. Then there was the girl who lived on the other street Kowis, I can’t recall her name…I kissed her. So yeah, I liked girls at a very early age. And since CJ was just a year older than me, all her friends who would come and spend the night? You bet, I made out with everyone of them…well all Except Norma who was about the most beautiful girl I had ever seen then.

But all the rest, Sherry Green, Stephanie, the other Sherry, red head Sherry, red head Sherry’ sister…red head Sherry’s other sister, and Pam. But this was just nothing  but kissing. …then CJ met Evelyn. Evelynn was 16, I was 12. She woke me up in the middle of the night and it was just us up and one thing lead to another and man oh man, I experienced sex! This was when CJ and I live with Roy. Did Evelynn molest me? I don’t think so. More so since I was the one really pushing for it. So yeah, by the time Guthrie met me, I was very crazy about girls. And while at that ranch, hell I had a few girlfriends there to. But no, I repeat I was not sexually molested.

56. This is all about my ADHD. I was a very hyper kid, I have already written about this in some of my writings (see what I wrote about my early school years). I don’t even know if they knew what ADHD was back then, did they? I never heard of anyone being on any medications back then…they just thought we were all stupid or retarded and would put us in the retarded class.

57. Pam was one of CJ’s friends, and who is the aunt of CJ’s kids. I was crazy about Pam when I was younger. She is one of my better memories. But yeah, she knows me, she knew I was a loner and shy kid. I just didn’t talk to people I didn’t know, or trust. So thank you Pam. She told me I was a ’good kisser’.

58. Yes I have had blackout before and they always seem to happen when I take some kind of downer. I read this article once and it described what it is called when drinking and taking prescription drugs, it leads to a condition called automatism in which a person essentially operated on auto pilot and doesn’t recall their actions.

59. I really did. But I fell. I had drank a couple of beers while I was out, smoked a little weed. Sure, but nothing like the day I was left by myself with myself. I had nothing to do that day and a little money, and thought ‘Screw it’ I will buy a 40 of the bull and just chill but it never works like that with me. I have a very addictive nature. Once I start, I can’t stop until I am wasted. Unless I am with people, I can control myself…but left alone with nobody but myself. I always over do it. And that day was the first time I had drank that much and the first time I had taken any pills in over 3 years. So when it all hit me, it hit me hard. Really hard.

60. Okay, this part is going to be hard. Because I don’t want my daughter to think I am attacking her mom. The truth of the matter is I did treat Kari bad. Did I hit her? Yes I did. I am ashamed of it, but at the time, I was a young drunk and well, there are things she did that made me at the time, think she deserved it. Looking back, I see I was stupid. I really don’t want my daughter to hate me any more than she already does. She has heard nothing but bad things about me, never any good. I love my kid even though she wants nothing to do with me. She doesn’t know me, she only knows the person I used to be, a young wild child. A teenager who had no structure in his life, a young drunk who had a very bad drinking problem and didn’t know it. But at the same time, I feel the record need to be set correct.

My attorney did a good job investigation all this. I don’t know how she was able to find out all this stuff but she did. Kari hates me. Hell, I don’t blame her. I did treat her bad at times. But she knows what she did to cause me to do that. I ain’t saying I was justified, I should had just told her we are done and never looked back. But I didn’t. I reacted. She said at trial she saw me in over 50 fights… That is a lot of fights. And just not true. What she failed to mention was some of the fights she did witness where over her, like in one case where she describes me beating the hell out of some guy. She at trial called a ‘friend’ Donny Baker. Well I went to the state school TYC, for 6 months. She ‘waited’ for me. But when I got out, the first thing she tells me is one day when she was staying with her sister, she just took a bath and was coming out of the bath room, and there Donny was. He pins her against the wall and is trying to remove her towel. She is 14, and Donny is 27 years old. So she tells me this. Donny Baker lived in the front bed room so she tells me she didn’t want him there that she is afraid of him. And doesn’t like him. So what am I to do? I am 16. I never liked him anyway, so I jam him up about it. I didn’t have any intentions to fight him. Hell, he was a grown man who out weight me by a good 50-70 pound and had at least 5 inches of hight over me…I just simple told him stay away from the back bed room. Well he is drunk, he comes at me grabs me around the neck so now the fight is on. We go to the floor I am on him beating the hell out of him, and he leans forward and bites me. I still have the scar to this day. Was ugly enough for me to get a tattoo over it, so here comes Kari . She can clearly see this fool has my forearm in his mouth, I’m punching him but he ain’t letting go. I tell her hand me that beer bottle, she does and. I crack him over the head a few time with it he lets go and I start beating his ass some more.

 Kari and I then walk out of the house. He follows us and is on the porch telling me he is going to kill me. So I pick up this 2×4 and I swing it as hard as I could at his head but he falls backwards. Then we leave. I didn’t hit him but I did try and came damn close. Looking back I know if I would had hit him, I would had likely killed him or hurt him really bad.

Kari at trial tells the story of me beating him up, but not that he attacked me or that she told me what he did, and wanted me to tell him to never come back in this back bed room. What was I supposed to do? She was my girl. Just ignore that this grown man was trying to molest her? And that isn’t all she told me, she said that when she would bath, she locked the door, but even knowing she was in there try and get in. So no, I do not and will not ever regret beating his ass for that, Screw him.

And all this? All this in the end lead to me getting shot. Yeah, I almost died for whooping his ass, but he didn’t mess with her anymore. Yet at trial, she calls this clown a ‘friend’.

61. Here is another one of those fights that would had never happen if she would had just kept her mouth shut. I liked Elliott. We weren’t friends per se, but we were cool. But this night Elliott was high on spray paint. I don’t know if you know how people are on spray, but they black out. And that is what Elliott was showing signs of. He is arguing with my best friend, accusing him of something, and Kari said something to him. He took a step toward her an I get in the way, and take a step towards him. He then picks up my friend’s bike and chunks it about 15 feet. He calls Kari a bitch and I tell him to leave. Now he is focused on me, so here he comes, I get dead on his ass. I then walk across the street, he gets on his bike and starts riding towards me. Well, there was a board involved. It was a broken wooden fence and I see it, I pick it up and here he comes. He is telling me he is going to beat my ass, so I just haul off and slam the board in his face, and off the bike he flies. He was riding it toward me…yeah a dirty shot. But he is high on paint, he didn’t feel it. So that is when he gets up and walks over to the vacuum cleaner at the car wash, and starts punching on it so hard…it came on. I think it freaked him out because he then gets on his bike and takes off.

I see him a few days later and he don’t remember nothing. I told him what happen and all was forgiven. A few weeks later he is high again and stabs his best friend. So yeah, I did what I felt need to be done. Then there was all the cheating. I never understood that about her. But it is what it is. And years later…I found out even more. But there is one thing she did when she crossed a line of no return, and that is when I truly started hating her.

62. Mrs. Franklin was not ever a mother figure to me. I have no clue why he would even say this. Makes no sense. She wasn’t a mother figure and she wasn’t a grandmother figure. I had a mom and a grandmother, both whom I loved. The rest is things that you can read and understand yourself. One thing is for sure, I have instructed my attorney not to bring up any of this mitigation stuff. And if I was to win a new trail and be found guilty again. I would not allow any of this to be presented. I don’t need my family having to go through this again, or anyone else. If others choose to testify against me, they can. But I ain’t about to allow my family or friends to go thought any this pain, and have to relive any of this. Or allow them to even to be questioned about things that are or aren’t true. Filing a bunch of mitigation stuff is a waste of time. I don’t want a life sentence. I would rather be executed than spend the rest of my natural days in prison. Not me.

Okay, that was the motion for appointment of counsel for DNA testing. Next is the states motion to deny DNA testing.

63. Here they said she was on her side lying her legs spread eagle.

Again, the only reason her legs are like that is Eric admitted to rolling Mrs. Franklin over. She was not ‘originally’ found like that. But they keep making everyone think that is how she was found. It is not. They know it is false.

64. 5 stab wounds into her chest. Hard enough to puncture her heart.

65. And they still want everyone to believe that this is possible without leaving hilt marks. No, no it is not possible. They still want to have it both ways. There is absolutely no evidence she was raped. No bruising , this was not someone trying to make love her. This was a brutal murder. And if someone would do this, then they would force them self on her, as Dr. Radetat stated in his affidavit, there was no bruising on her lower part of her body. I don’t know what happened here, but all I can say this was a very brutal murder. And I don’t understand how they can say she ‘may’ had been sexually assaulted. They have handled enough rape cases, to know what rape looks like. And although I am not a Dr, I don’t believe she was raped. They did a rape kit test. Sure if I raped this poor woman, my epidermis cell would be in her, as well as semen. But there is nothing of me because I ain’t the one who harmed Mrs. Franklin.

64. Here is where they are getting the false impression that they snuck me in the house. And not realizing I hadn’t been in that neighborhood in 3.5 to 4 years.

67. This is the reason I want that damn screw driver tested. They say I used it to pry open that window, test it, I promise it will not have any of my DNA on it. I never touched that thing in my life. (see photo)

68. Here is proof I was at Mrs. Gunn’s house. At 6 pm, the very moment that Mrs. Espadas saw someone at the window taking that screen off. And that someone has been repeatedly called the suspect by the detectives, and the courts. And it ain’t me. (see map)

70. Here is a perfect example, as if you need another one at how they will lie and try to inflame the minds of the judges. First off, Leo Truitt never testified at my trial. Never. He is a witness in the police report and he was never called to testify. ‘Truitt testified’…no, he did not. It was his brother-in-law Martin Doyle who testified. And even still, he did not say he saw a man with similar build. He describes a much larger person. Not only that, but he testified that Mr. Truitt actually got out of the car and personally talked to the man, up close and personal. Yet, Mr. Truitt was not called to testify. Why the hell not?

71. I haven’t read the transcript yet, I am waiting on it to be sent to me, So I will fact check things. But if this is true what she said is not how I recall it. I wrote about it already. Merry is just confused it all. She doesn’t even recall me calling her from the county jail JPD, to make sure they took her home.

72. A jacket they did not have permission to take, they just took it. That is illegal, but I could care less about that_. I am glad they took it, because it is the one of the most important thing. It is the very thing I was wearing and should be covered in her blood. Nothing is on it, absolutely nothing.

73. Deetrice Wallace.. You can read more about Mrs. Wallace, how she was charged and sentenced to prison for lying in her reports. Nothing this woman can tell anyone can be trusted.

74. All of these people have been accused of some wrong doing. Nothing they say can be trust. More so that idiot Chu.

75. Yes this is true. But what they aren’t recalling is the store clerk came from behind his little glass box and attacked me with the pole, and I took it away from him. And yes, I went crazy after that. But what it was, he was just defending his good. Can’t fault him for that, but yeah. Once he came at me with that pole, I snatched it from him, he ran back in his booth locked it and called the cops. We split.

76. Yes this is true… I don’t even know what the damn fight started over, but he cut me up pretty good. Pulled a knife on me and like a fool I am trying to fist fight him. I didn’t see the knife and he sliced my knuckles up pretty damn good. Lee tries to hand me his knife, I didn’t use it. I just walk off bleeding pretty bad, I still have the scars from that.

77. Yes this is true. However it wasn’t like I started it. My aunt CJ was there. And my brother in law Paul, admitted on the stand that I tried to walk away and he is the one that wouldn’t let it go, and started it. My ex friend Crawldad, was there too. Paul must had followed me and Crawldad with CJ trailing behind Paul. She was telling me: ‘Just go Charles and telling Paul to let it go.” To this day still don’t know what the hell made Paul mad, but he wanted to take it out on me. So he followed us and kept telling me he had a gun that would blow my head off’. I didn’t know if he had one or not. Paul was crazy…look this fool shot himself…twice…two different times so yeah, I am a bit worried he may have a gun, I know he used to have a 357. I can’t fight bullets. So I am walking and not saying anything, Crawldad is telling me: “Come on man let just split”. So every time I would turn my back, Paul would make a play for me. I’d hear his feet and turn around, but he always had his hand behind his back. ..did I say Paul way crazy? That he shot himself …twice?…months apart? Maybe a few years apart? He’s a ‘different’ kind of crazy, than me. So we walk about 5 block right at Hwy 59 and Little York, there is a McDonalds. We are in the back and there are people waiting to get food from the drive thru window. Did I say my aunt Charlotte Jean was there, CJ? Well now I am just about as mad as mad can be, he is following me all this way calling me names threatening to kill me, and I just happen to turn around and I see he is now at that very instant turning his back to me. His hands at his side and …no gun….so I called his name told him ‘my turn’ and ripped this board off a wooden fence and went to beating his ass with it and CJ yelling, getting in my way. Everyone at the fast food joint is looking, I will never forget that. This black chick just all of a sudden started waving at me smiling and we leave. CJ takes Paul back home, about that time my sister drives up and give me and Crawldad a ride to his house.

Yeah, I could had just kept on walking. But I didn’t…sue me. I don’t like being threatened. And man he just wouldn’t stop. Followed me damn near half a mile talking crazy to me acting like he had a gun and telling me he would blow my head off. He just needed a ‘attitude adjustment’, is all. That what that ol’ Hank Williams song said. But after that, me and Paul got along just fine. I liked Paul but not threatening to kill me.

78. Here is some more of Kari, and she did a good job at painting as a monster. I know she hates me. Good for her, but man some of the things she said are just not true. Here is something that I have two witnesses to. One being her very own sister and my old friend Kenneth Gaddis. It is a long story but no, I did not chase her down the road knocking her to the ground and threatening to stomp her and wishing my child would die. I recall this day with perfect clearity. It was the day that Kenneth and Cynthia actually hooked up for the first time at his mom’s house. I was there. But he let me use his car while they did their thing. We had all been partying that day. Meaning Kenneth, Cynthia and I, we were pretty high, I know I was. Drinking and smoking weed all the night before and half that day.

As we are driving up the Hardy Toll Rd side street, there is Kari standing at the edge of the drive way area that leads to the area where her house is at. We stop the car, Kari looks in looks and me seen I was high, and she just takes off running down the street. And yes she was 7-8 month pregnant, Cynthia tells me go stop her before she hurts herself. She opens the door and I take off after Kari, they pull into the drive way. This is at the time that Hardy Toll Rd wasn’t complete, so the road ended and then dropped off and turned in to dirt, right here she falls. I go flying over her. She is yelling at me to get away from her that she can tell I am on drugs…on don’t know how she knew but she always knew when I was on something and it was some pills Cynthia had. I forget what it was. So I am now getting mad, I am calling her all kinds of names ”what the hell is wrong with you why you want to run.’’ She isn’t allowing me to help her get up won’t even let me touch her. So I just stand next to her. Here comes Cynthia and Kenneth and her mom. I am just standing there. This guy at the bar sticks his head out the door and tells us he is calling a ambulance. So once I hear that I think ‘cop’ and once everyone got there, Cynthia, Kenneth and patches, I took off. I was high and just took off. None of this happened. I didn’t just chase her to be chasing her, I went after her because she freaked out and took off running. There are witnesses to this. I am all messed up so I go to a friend’s house and call Linda. Yes Linda McClain. She and John Phillips come pick me up and she takes me to the hospital where Kari is at. They check her over and we all leave, her coming with us.

Never before had anyone heard this story until court. Nobody. If this was true I would not had been able to see Kari again, Cynthia wouldn’t had allowed it, her mom wouldn’t. Her adopted brother big Eric wouldn’t had, nor would Kenneth, they would had beat my ass. So no, that is some made up shit she is just saying. She then said approximately one month later I threw something at her and hit her while she was holding my daughter. Look I admit, I did throw something at her and yes, it hit her. But my daughter wasn’t even born. Kari wasn’t even pregnant yet. She is lying about holding my kid, and the time line when this happened. I did throw something her. I don’t know why I just did. And it hit her and yes it caused her head to bleed.

79. She said I used to beat her three to five times a week. Man this is bull and she knows it. Yes, I hit her, I ain’t proud of that. But she is painting me as a monster. Her and I hung around with our friends damn near every day, and if I am beating her like she says I was. How come none of them ever seen it. Because it ain’t true. She said at trial she ‘doesn’t bruise easily’. I know she hates me, but she should really clean all this up. She told so many lies on the stand, and most of them I can prove. I don’t even know how to respond to this whole sex stuff. There were times I wanted it and she didn’t. But not to the point of me beating her. I just don’t know how to respond to this. I ain’t perfect. I make no excuses for my actions towards Kari, I treated her bad. I know I did, I was a young fool. A young foolish drunk. But I really started to hate her after awhile, after finding out she cheated of me a few times. Yeah, I started hating her, but then she got pregnant. Everything changed. I wanted to make it work…but there was still that feeling, I never trusted her after that. And after my kid was born, and she did what she did with the one person she shouldn’t had, the hate came back, and here is where I did kick her ass. I didn’t hit her with my fist, but I did slap her a few time and drag her down the street by her hair. I ain’t proud. I am ashamed of it. I really am, but it is what she did and who it was with. And there are some things that are just unforgivable. After that, I ran her off. She says she left, but no, I packed her shit and told my mom to take her home. She wanted to take Amber but I said no. She and I were done. I know I should had ended long ago. But I did love her, I loved her but hated her…if that makes sense. I ain’t saying she doesn’t have the right to hate me. She does. But she knows a lot of the stuff is lies. As for the oral sex thing, that was the time I kicked her ass. And man, I hate writing this stuff, but I am tired of everyone quoting her as if it is the truth. I cannot justify that part. It happens and I am ashamed. She offered it and I slapped her. But regardless of my actions towards my ex, they don’t make me a killer. Or mean that I killed Mrs. Franklin. I made mistakes in life, who hasn’t?

80. Get a spark in my eye? I don’t know what that means. This is the same person that said she saw me knock people out…Look I can fight, but I have never knocked anyone out in my life. I tried, but never came close. And fighting to me is not better than sex. I don’t even understand that. She makes it seem as if all I did was fuck and fight. Seen me in over 50 fight, I haven’t been in that many fights in my life. Even counting all the fight in TYC, on the streets or jail and prison. I can recount every fight I have ever been in.

81. Yes, this happened and it was just in jest, this little kid who was the son of one of my mom’s friends and we used to rough house all the time, he was a chubby little dude about 8-10. But on this day, I was with this guy I met a few days before, name Jeremey. I don’t know his last name. But he was a big dude. He and I are standing on the sidewalk talking and here comes Shane on his bike. He is going pretty fast and as he had done several time before slams on the breaks and slides right between my legs but not even touching me. And I reach out and punch him in the chest two times playfully, and this guy Jeremy all of a sudden grabs Shane’s bike and tries to push him off. I could see he was playing, but he was a big dude and Shane never met him before. So it wasn’t that he was scared of ‘me’ Jeremey scared him and he went and told him mom Kathy. She comes out and gets on my ass for letting that guy do that. All it was, was just something that started out as playful, playful between Shane and I, but when the other guy got involved it scared him. But man, before that he would come over and I would wrestle with him and we rough housed a lot harder than that. So I think it was his fear of the other guys. And I don’t know what else to say about that.

82. Same night mom is upset with me for two reasons. One, I had been drinking and two, Kathy calling her about what happened with Shane. So she is going on and on about how I need to think of Amber. I am in the kitchen making a sandwich. Cutting up a onion or something. She isn’t happy, so I said: “Alright Ma, I hear you , can you let it go now?”…well, this is when Bruce her husband, grabs my arm and is pulling me towards him. I had the knife in my hand and didn’t think and just started throwing punches. It wasn’t like I went and got the knife and attacked him. I already had the knife in my hand and it was just reflex that caused me to start swinging. I didn’t mean to cut him or knock out his teeth. But it was during this time my mom was pulling me off of him and I caught her with my elbow. And in that instant the fight was over. But yes, I did attack him. But as he pulling my arm he is telling me something about my kid like …hell I forget. I am sure his memory is totally different. My mom remembered it like I did, but said I was in the dining room area making a plate of something, but I was actually in the kitchen making a sandwich. But I will say this, Bruce had every right to hate me.

After I got out of jail he allowed me to stay with him, and forgave me. I couldn’t believe it.. .I don’t think I ever had anyone forgive me for anything. My mom did, but she knew it was an accident. Bruce even took the stand and said it was his fault…the only thing that was his fault, was him touching me. He just didn’t know me. I just freaked out when he grabbed my arm and started pulling me towards him. He was a fairly big man then. And I just reacted…over reacted. And as a result, I hurt him. And looking back, man what if I would had hit him in the side of the neck? I could had killed him. And all because I didn’t even think, I just reacted. I had forgot the knife was in my hand and just started throwing punches. I am glad Bruce forgave me. He didn’t have to. I have thought about that over the years. Would I have forgiven me? I don’t think I would have. I didn’t start learning forgiveness until about 10 years ago, and I don’t know if I can call it forgiveness, it is more like I just turn it off. I can’t explain It. But I have learned to flip a switch inside myself. But could I do that  if I wasn’t locked in this cell? I don’t know…I would like to think I could. 

I guess it would depend on the wrong I felt was done. I have never been the forgiving type, but I really haven’t been tested. I ain’t going to lie. ..I don’t need to be tested to know I could never allow someone to try and hurt me and not react….but how far would I take it? Could I call that part of myself back? I don’t know. I used to think of it as,    I am going                                            to hurt you as much, if not more than you were going to hurt me. I know I have changed but how much?

 83. No, I didn’t punch her and throw her to the floor and kick her…I did yank the phone out of the wall when she was going to call the cops. And let me tell you, if she ever reads this she will know I am speaking the truth. But when I pulled that cord out of the wall, she came unglued on me and look, I pushed her into the wall to get her off of me ! That woman went cave woman crazy on me and that is the truth. She got me pretty damn good to. I am not mad at her for saying this. I know she was mad at me, but she knows she is the one that got on my ass that day. I walked away that day with a big ass knot on my forehead from her hitting me with the phone receiver in her hand, and a few scratches. This was full grown woman that didn’t take no shit. But yeah, she knows the truth. I recall the last time I saw Mrs. Jordan, well the last time I saw her in the free world, she was coming out of Child Maritins House, I was walking up and here she came. This chick did not fear me. She walked toward me, stopped right in front of me and just looked at me, like daring me to say something to her, we just stared at one another and she left. No, Alice Jordan is some body you don’t want to mess with. She got me that day, she was my best friends mom. I wasn’t fixing to hit her. But anyway, that’s that story.

84. Paul Autry…I didn’t know his name until just now. But this was the moment that destroyed my life for the next 2.5 years. He left out that he had that stick in his hand. And that is why I pulled the blade, and it wasn’t in the parking lot. He had chased Mexican Pete a block away. And they never ‘schuffled’, he never touched Pete. I wish I would had never gotten into that car that night. All over some fucking beer. Beer he was supposed to be buying.

85. This whole shank incident is bull. You try and shank a cop in jail they will beat your ass black and blue. He wrote me a ‘disciplinary’ case for this which I was found not guilty on. The DA convently forgot to mention that Lt. Bradley testified at my trial and said he did not believe his own jailers after questioning them. I think Lt. Bradley looked at me and realized, if I wasn’t in some pain from a beating then something wasn’t right. And for this same deputy, not several but this same one to say I told him: I want to go to the hospital to “escape” is about as crazy as that sounds. They didn’t like me because of this case, and that I did get on one of their coworkers and got the best of him until about a 100 other started beating my ass…it damn sure felt like a 100! But it was like 5. One had me in the head lock rapping his knuckles across my head, another had a leg, another had the other leg and was bending me every which way and this older cop walked between my legs, stuck his hands in my short and grabbed a handful of my balls and squeezed and that was the end of the fight. I froze. And he is talking to me telling me your going to go back to your cell and none of this ever happened ‘ I’m telling him: “Yes sir”, with every question he asked me. I never had anyone take the fight out of me as fast as that hand trick did.

86. Mike Downs… Good man, I really respected this man, he in my book is on one of the best men I have ever crossed paths with. Not what you would think parole officer looked like or acted like. He used to write me after all this, and send me few dollars, he had gotten married and had a few kids. I hope he is doing well and happy as can be. I wish nothing but the best for Mike.

87. Convicted murderer and arsonist..I think this is none other than this young guy named Rex Alexander. I didn’t know him, we were in lock up together he got 40 years TDCJ for kidnapping his girlfriend raping her and stealing her car and setting her and the car on fire….This is one of those 30 capital murder cases at the same time I was charged, and where 15 got death and 15 got life and less…they had paid attorneys. Hell, my attorney also called a member of the KKK as one of my witnesses… He only called these guys because they witnessed how the jailers would do me. Mess me over, not feed me, not let me out of my cell, to shower or for my 1 hour a day. I didn’t ‘tolerate’ it, it’s just after a few good ass whooping from a bunch of cops all at the same time. You just except things are as they are and there is nothing you can do about it. You just roll with the punches.

88. This is a bunch of stuff I have already talked about. The chapter 64 motion I also have talked about pretty much everything you will be reading. So a lot of it is just the DA and my attorney making the same arguments over and over, but there are still something worth reading, studies ect.

Next is all the chapter 64 stuff, the hearing stuff and briefs, I have went through those as well just doing my best to explain things. Everything is here are thing from the transcripts.

I ain’t going to put none of the punishment stuff up, to me it is worthless and as I said, I don’t care about it. Meaning, I don’t want my attorney even bringing any of it up. It will do me no good and will only take away space needed to use in the fight for my innocent claim and other important issues.

I don’t want a life sentence or a new ‘punishment’ hearing. I will not take part in it this time and instruct my attorneys and the judge. I do not want it. Could care less about it. It is what it is, I don’t care about the lies or half truths. I will not allow my family to get up there and have to answer a bunch of foolish questions about their past, just to try and save me. Hell, all they have to do is bring honest Kari back, that is all the testimony the state will need to kill me. Although, I would allow my attorneys to attack her testimony. With witnesses that can tell the jury she is lying, but yeah, that is all the state will need. Is her testimony to give me the death sentence again. I’m out of things to say ….reading this stuff about my family is hard,

Reading about my mom, my best friend was really hard. Reading about myself caused me to recall things I wish forgotten. Wonder how long it will take me to block it all out now…well not everything…I Will never block out Sherrv Green, or the others. Some things are worth remembering, things that keep me sane. Things that let me know people loved me and I loved them. All I did most likely was make my daughter hate me even more.