LEGAL FILES – COMMENTS – POLICE REPORT

This is the police report, I will go through and point out a few things. I feel need to be addressed. And that to me are very important.

1. Page 2.004. Ambulance # 30. Here are some people the DNA needs to be checked against. After all, the district attorney in my DNA hearing made some type of comment that it could had been from one of them, so let’s put that to rest and test them, I believe their DNA is on file. I could be mistake about that.

2. Page 2.005. Here they talk about the screw driver, it has never been tested, and I want it tested. There is one thing I know for sure, I never touched that screw driver in my life, it will be one more thing my DNA is not on. And if I did, then my DNA should be crawling all over it. (See photo of screwdriver)

3. Page 2.006 and 2.007. Speak of a white sock and bandana had blood drops and transferee blood on them. But guess what, they never collected these items. Things they should had collected and tested. They didn’t. At least I have never
seen these items listed in evidence.

4. Page 2.007. Here they speak of a bloody towel near the end of the sofa. This is the towel that the suspect cleaned his hands on. They speak of this towel a few times in my trial. But guess what? This towel was never collected. I have never seen it in any of the evidence log. Yet they talk of this towel in my trial. I don’t see how they can make that allegation about something they didn’t even collect. But who’s fault is it They didn’t collect it? Who do they hold this against? Me! Always me.
In one of my dissenting opinions denying me DNA testing, one of the TCCA judges pointed out this towel to me, I had never heard of it before. She said something along the lines about ‘how come he isn’t requesting to test the towel?’. Well first off, I never knew about it, and now that I do I have brought it to my attorneys attention and even if I could win testing on it, it wasn’t collected as evidence. I don’t think they are supposed to talk about things like that that weren’t collect for evidence. That is what they call stepping way outside the record. I don’t see how they can even talk about this towel during my trial. All it did was inflame the minds of the jury. I wish they would had collected it so we could test it, it would just be one more thing my DNA isn’t on. But let’s say some one cut themselves, and they bleed and cleaned their hands on the towel. We will never know now. But I am the one who has to suffer for their mistakes.

5. Page 2.007. Here you can see they did collect the hairs for evidence. But not the sock, banana or towel that had blood on them.

6. Page 2.009. Here once again they speak of that screw driver I want tested. But they also notice that there is damage to the window and fresh wood chips so the damage is new. They did collect the screw driver, (see photo of screw driver.)

7. Page 2.012. Here they speak of collect this cassette, but as you can see listed below, there is nothing about it.

8. Page 2.012. You can see the screw driver was collected.

9. Page 2.012. This telephone, I have never seen it anywhere in the evidence log. There are a total of 14 items listed in the evidence log, and the phone is not one of them (see evidence log).

10. Page 2.013. Here you can see they talk of the blood caked under the fingernails but the TCCA just refuses to believe this. I would think those at the crime scene would know what they are looking at. After all this wasn’t their first time doing this. Yet they will take their word that they observed blood on a towel that they suspect someone cleaned their hands on. That was not collected, but they don’t believe them when they say they observed blood under the nails.

11.and 12 page 2.014. Speak of signs of a struggle and defense wounds. This tells me, as old as Mrs. Franklin was, she put up a fight. I am no expert but I would think the on scene detectives know what they are looking at.

13. Page 2.014. Here they collected the knife, they have never done any DNA testing on it, I think they should. If Eric said it wasn’t there when he left, then yes, that thing needs to be tested. They only tested it for finger prints, but never DNA.

14. Page 1.001 Here Eric talks about rolling her on to her backed he could do CPR. She was not found like that as was suggested at trial by Dr. Bellas (see Bellas trial testimony). Eric also makes no mention of calling Donna, however he did in his affidavit. Now read Donna Lynn Perras’ affidavit. She said he also called his friend Jeff Hattenback (see Donna Lynn Perras’ affidavit).

15. Page 1.001 and 1.002. Lee Rose lists all these names to the detectives. And it is these guys whose DNA needs to be tested as well, more so since the district attorney Lynn Hardaway has convinced the TCCA and trail court that this DNA ‘could’ had come from one of the grandson’s friends. Well here are their names, let’s not guess, instead let’s test them.

16. Page 1.002. Notice here that Eric is telling them about the way he found the house. But he noticed that the backdoor is unlocked. Not ‘open’ as he did in his affidavit the next day, he changed it from being ‘unlocked’ to ‘open’. I think the first statements he made to the police are the more accurate ones. The door was not ‘open’ but just unlocked. I don’t know, but I didn’t go out the back door. And if I am not mistaken, this back door had a key lock, meaning you had to lock and unlock it with a key. I am almost 100% for sure about that. I need to see the photo to be sure. But again he speaks of rolling her over to her back, also (see Eric’s affidavit, he said he rolled her over onto her back). So again she was not at first found ‘spread equal’ as was suggested at trial, all that did was suggest rape. And did nothing but inflame the minds of the jury.

17. Page 1.002. Here they said I came over looking for a place to stay. This is absolutely false. I had a place to stay. This makes no sense. I lived on Ried st, and could go back to my mom’s any time I wanted to, or my aunt CJ’s, I was not homeless or in need of a place to stay. They have me confused with someone else. But for them to say that I spoke to their grandmother it is wrong, I only went to their house one time and they were both there. Lee knows this to be true. But what gets me, Mrs. Franklin never made any mention to this bottle incident to her daughter Linda, and if there was one person she would had said something to, it would be Linda. Furthermore, Linda is the type of woman that upon finding out something like that would had had Lee and Eric tell her where I lived and she would had come over and got on my ass. I don’t know what else to say about that, yes I did break a bottle but it was as Lee and I were walking down the street. I lobbed it up in the air and it came down and smashed on the street. Lee knows this to be true. They would not had allowed me to disrespect their grandmother like that and we remain cool. Just flat out not possible.

18. Page 1.003. Here Eric provides the same names with a new one. I don’t know any of these guys except Bangs and Philips. So again, they need to be tested.

19. Page 1.004. Here again they talk about how Eric said he noticed the door was unlocked. This is Eric talking to a different detective. Giving the same descripted details. He never said it was ‘open’ just ‘unlocked’ and that lock had to be locked and unlocked with a key. Here again they say how he rolled her over to attempt CPR. And how he had blood on him. Yet I didn’t have not one drop on me? Impossible. Flat out impossible.

20. Page 1.004 and 1.005. Here again they speak of the forced entry to the window and the screw driver.

21. Page 1.005. This is the neighbor who lived directly behind Mrs. Franklin. They never called him to testify even though he actually spoke to the person and made a complaint against (see complaint for ‘trespassing’). They used this complaint to get a warrant for my arrest, even though I never met this man in my life nor he I, how they felt it was me, is beyond me. They just zeroed in on me. But at no point in time did this man take the stand in my trial what is odd, they brought up every crime I had been convicted of and some I wasn’t convicted of and yet they didn’t talk about this one. To do so would had been to call Truitt to the stand, and there is a reason why they didn’t call him, I would like to know what that reason is.

22. Page 1.006. Once again they talk about Eric rolling her onto her side to try CPR. So how they were allowed to say that she was found on her back to show rape, is beyond me. He washed the blood off his hands, but again, I had nothing on me at all.

23. Page 1.007. I have never stolen anything from Lee or Eric. I don’t steal from my friends. I did not know about that window. That room was off limits when I was in that neighborhood 4 years prior.

24. Page 1.007. Here is Donna Espadas who saw someone at that window at the exact moment I was at Shirley Gunn’s house 3 miles away. She was never called to testify. (See map from Gunn’s house to Mrs. Franklin’s house)

25. Page 1.008. This starts the report of Jim Norris.

26. Page 1.010. Officer Norris observes the screw driver.

27. Page 1.011. He observes all the items that had blood on them, the sock, panties.

28. Page 1.011. He also observes blood under her finger nails. So this makes two people who observed blood and the TCCA still refuses to believe them.

29. 1.012,5. He observes the bloody towel. But nobody collects it.

30. 1.014. Eric tells him the knife did not belong to him. If not him then who? Needs to be tested. That is all I can say.

31. Page 1.015 All this video footage has since come up missing. Would come in handy to see just where this bloody towel is.

32. Page 1.017. This is the evidence collect at the morgue and her home. No towel.

33. Page 1.020. Here is Truitt again, given an even more detailed conversation he had with the guy. Yet wasn’t called to testify. Something just ain’t right about that. This man did not talk to me!

34. Page 1.021. Now here is proof I was at Shirley Gunn’s house at the exact moment that the across the street neighbor saw someone at the bed room window taking off the screen. I am at Shirley Gunn’s house so that is not me. I cannot be at two places at once (also see Gunn’s trial testimony for a more detailed story.) (See map from Gunn’s house to Mrs. Franklin’s)

35. Page 1.022. Mrs. Scott, I have said it before and will say it again, I met this woman for the first time in my life two weeks before Mrs. Franklin’s murder. She does not know me and I didn’t know her.

36. Page 1.022. Here Lee shows the detectives where I lived on Ried St. I would not had taken Merry and the baby there if I killed Mrs. Franklin, they knew where I lived. (See map from 706 Reid St. to Mrs. Franklin’s)

37. Page 1.022. This is my daughter’s uncle, he is correct when he said I was heading in the direction of Westford St, the street Mrs. Franklin lived on. But what he nor his mother were aware of is, I had to pass Westford to get to Ried St., the very house I was living at. There is no way around it

38. 38. Page 1.024. Here again, both Lee and Eric knew I lived on Ried St. (See map from 706 Reid St. to Mrs. Franklin’s)

39. Page 1.025. Well, I have always said Merry was not there, and even though I am reading this with my own eyes, I still do not see her there. But it is clear that she was. My memory isn’t as reliable as I would like to think. But one thing I am 100% sure of, I left before the cops got there, and Ray was not in the front yard, I cut through the front yard when I left. When they say I left through the back door, yes I did, but they are making it seem as if I ran out the back door to avoid them, well that is not true, what they aren’t aware of is the back door was the only way in and way out of the house, the front door was never used in all the time I was there. It was blocked off so nobody could use it. The front door was where the living room had been converted into Merry’s bed room, and the front door was blocked off. Nobody used it. Try as I might, I just do not see Merry there, I know she wasn’t in the front room. So she could had been in her sister’s room, I don’t know. But it is clear she was there. Ray must had come shortly after I left. But I know when I was walking towards Rays house, there was a blue and white cop car coming my way and it turned on Merry’s street. As for people saying they saw someone running? I did not run, I was walking fast, but not running.

40. Page 1.025. Here Lee said that they were sitting in the front yard in Shaw’s Wright’s car. I don’t know what to say about that, but Mrs. Espadas didn’t make any mention of anyone in a car or even a car. I do know this, I know they were high on crack, and drinking, I don’t think his perception of time cannot be trusted. More so since it wasn’t Lee at that window, Lee is tall and she knew Lee by sight if not by name. So it was not them taking that screen off. But all we have to do is just ask right? After all John Philips and Shawn Wright are my size. But what reason would they have for being at that window prying it open with a screwdriver? And I am sure that Lee would recall that is one of them were doing that. So no, they weren’t there at that time. But a simple way to find out is to just ask. You cannot trust someone who is high to give you an exact time or details. Not very good details. But when you are high, talking from personal experience you lose all sense of time.

41. Page 1.026. I wonder who the hell this chick is? More so, who is this ‘someone who knows the family’.
42. Page 1.027. You can see they questioned my aunt CJ. She told them that I asked her about getting married, which is true. I bring this up because in Merry’s affidavit she said she asked me to marry her the night before I was arrested, she might had asked me ‘again’ that night, but the first time was at her mom’s house while we were sitting on the back porch. And I said yes. Crazy huh? But yeah she asked me. It is strange how memory works, but maybe she asked me twice. I do not recall her asking me the night before I was arrested. Not saying she didn’t, but I don’t recall that. I do recall her asking me about a month and a half before I was arrested.

43 page 1.001. Here Sgt. Allen requested DNA testing which Chu didn’t do. He just did blood typing and couldn’t even get that right.

Next is Eric Benge’s affidavit. This is the first time he makes any mention of the back door actually being ‘open’.
But also note where he said he called his girlfriend Donna. He said he called her after Lee had called the police. But this is false for two reasons.
Donna said he called her first and then he called Jeff…or Jeff first then Donna (see Donna’s affidavit), but this is reinforced because when Mike Giglio from the Houston Press question Eric about calling Donna first, Eric admitted ‘like a dumb ass I called Donna first’. But yet here in his affidavit, he flat out lies, I mean this is a pretty descripted lie he is telling. Nothing like anyone else is saying. He said he called 911, and then calls Donna. But said he and Eric called the police. Regardless, he knew he called Donna and Jeff first. Which is very Strange in itself. But also note once again he said he rolled her onto her back.

Next is Lees affidavit, he said he called 911. It really doesn’t matter in the end who called 911, but a lot of what Eric says cannot be trusted.
The rest is the stuff is on the warrent and how they used Truitt to get the warrant for trespassing so they could take my blood.