ACTUAL: COMMENTS ON BRIEF ATTORNEYS

This is the response to the brief my attorneys filed. Much of it I have already talked about so I will not be commenting on things I have already Spoke about.

1. After reading everything, do you think this evidence is exculpatory? Should my jury had been allowed to hear this to be better informed as well as my trial attorneys so they could had put on a better defense and with this blood DNA evidence and everything they didn’t hear about the event surrounding the confession, I would had been acquitted? I would need is just one juror for a hung jury, but I would like to think that with all this evidence I would had been acquitted.

2. My attorney wrote ‘several’ witnesses testified they saw me in the neighborhood. Well no, it wasn’t several. It was 3. My daughter’s grandmother Barbra Wright and her uncle Blaine wright and then Mary Alice Scott. That is a total of three witnesses. Not several, big difference.

3. This man who could not identify me, but instead told the investigating detectives that the man he saw was much bigger than me, but somehow, my district attorney at trial was able to get him to agree with the DA the man was about my size. (see trial testimony of martin Doyle).

4. I can’t say it enough, this was a blood/crime scene, I have seen the photos, and there is no way I would not had been covered in it as was the grandson Eric Benge who rolled her over to try CPR. He is covered in her blood, but not me? Not one micro droplet of blood? Impossible. My clothing has been tested and retested. Still nothing. That is because I never touched Mrs. Franklyn, I didn’t ‘struggle’ with her. I had no cuts or scratches on me, the detectives took photos but they have ‘come up missing’ as well.

5. Sgt Allen was suggesting much to me, ‘you blacked out’ so you don’t know. He was suggesting things to me, and feeding me information. I kept repeatedly telling the man I don’t recall anything and didn’t do anything. But to them I was guilty.

6. I couldn’t give details to something I didn’t do and have no memory of doing. I kept denying it because I didn’t harm her. But again, from the moment they had me in their sights, I was guilty to them. And there wasn’t anything I could say to convince them otherwise. Granted, I didn’t help matters any by leaving my girlfriend’s house after my mom called. But I really thought it was for a parole violation. My mom did not tell me it was about a murder the night she called me. My ex says she was in the kitchen with me when this phone call took place, this is false, a mistake on her part. My mom didn’t tell me because they didn’t tell her. Detectives don’t make a habit of showing their hand. I could be wrong, but my common sense tells me as a detective you don’t tell anyone you are looking for someone who they feel is a suspect of a murder …. That is tipping your hand, and I just don’t see that happening, I could be wrong, but one thing I know, my mom didn’t tell me until later. I don’t know when she became aware of it. But I found out, I believe, the next day. But one thing I know for sure, my ex was not in the kitchen with me when I was talking to my mom. I could sit here and twist things to match her events, but that is not the way I recall it. I told her that it was my friends grandmother when I was allowed to call her from the Station to make sure they took her home. That is all I can say about that. Granted, my memory isn’t as good as I once thought it was. But that part I do recall. But even if that was true, I had nothing to do with the murder of Mrs. Franklyn, and I wouldn’t had stuck around to talk to the cops regardless. I had no intention of going to jail. I had nothing to say to them and there is no law written in any state or federal laws that says we have to wait around for the cops to come and talk to us when we know they are on their way and will be there in 2 minutes. I just choose leave and not talk to them as was/is my right. But to them that was an admission of guilt. And yes, grant, looking back, was a foolish move on my part. I should had stayed, but I wasn’t brought up like that. You have to understand, cops were the bad guys to me, and I know any talking they would had done with me would be with me in handcuffs placed in a cop car and taken to jail. I mean look at the bogus arrest Warrent they got on me (see arrest Warrant).That man Mr. Truitt, he didn’t know me, never saw me before in his life, I don’t know him so how can he make a complaint against me, saying I was the one who bumped his fence? And I can’t repeat this enough someone who never identified me, in person or in a photo lineup, and someone who never was called to testify even though he got out of his brother in law’s truck and actually spoke to the man. And another interesting fact, I was never charged with ‘trespassing’. And none of that adds up. Something is seriously wrong with that picture.I was going to jail on one way or the other, I knew it and I did not want to go. So I left. And that to them was all they needed to zero in on me.

7. Here you can see how my attorneys are pointing out the missing parts of the police report. It wasn’t recorded, or video taped. And now it is my word against their. And they will side with the detectives everytime. After all, they’re the ‘good guys’ right? A recording would had shown him suggesting things to me. Leading me, and how I kept worrying and wondering about Merry and the baby. This Jeffley case is just one of many I am sure he knowingly violated a persons right. As a detective and a Sgt in homicide, he damn’ well knew he was not supposed to talk to her because she was under age and she, as a matter of law due to being underage is entitled to attorney from the word go. But ask him if he did anything wrong. I bet you he will say no. Well I am just one more he can add to that list, but really? How many are there? I mean if you will do it once, and with someone you know to be underage and you know the rules when questioning underage suspects . . .and you still violate those rights? Yeah, I have no doubt there is a history.

8. Right after learning Merry and the baby were there, he had me and he knew he had me. Before that, I kept telling the man I didn’t do anything and I don’t recall much of that night after I blacked out. I went along with whatever he wanted, I was just making up anything I thought he would believe, and there were times he told me: ‘that doesn’t make sense, let go over that again’ I can prove that whole statement is made up, Just me making it up as I went along. I just need someone to investigate and talk to the people I said I talked to, they aren’t getting any younger. My chance is slipping away.

9. I cannot walk through a locked door. And it was locked, as testimony proves. And evidence shows someone went in through that window. The very window Eric nailed down that day, and the very same window the across the street neighbor Donna Espanes reported to the police. My statement is the only evidence against me, and it is factually impossible. Just needs to be properly investigated. But even if I can have the people I said I talked to admit they never talked to me that day? Or that my daughters uncle hadn’t moved? Would it make a difference? I doubt it. Even if I can get the screw driver tested and none of my DNA will be on it. The very thing they are saying I used to pry open that nailed down screen? I doubt it. Hell, there are other things in my statement that shows is false, or rather full of false ‘facts’ provided by me that if they would had taken the time to fully investigate it, would have seen, this is all made up. Total fabercation if my trial attorney would had investigated it, he would had been better able being made up in the spur of the moment, just telling the detective anything I thought he would want to hear. Things that I did do, and places I did go, so they were TRUE things, but that had happened two weekds prior to the murder. He also knows that Shawn Wright hadn’t moved. As I have said, it is full of false facts.

10. Here is all the new things we are trying to raise now. It all is pretty self-explanatory. But my biggest fear? These three U.S. constitutional violations are directly tied to the DNA…and well the courts have already said that the DNA… which is from blood, would not had made a difference. That they will now say my Brady and Giglio violations are harmless….?

11. You know, I really do not recall a hell of a lot about my trial, so I don’t recall my attorney selling me out like this. . but it is clear that he did. I would say this is total abandonment. What do you think?Wanna know what the courts will say? ‘Procedurally barred’ so I lose my right to fight this. Or it is harmless or just flat out deny me for some reason or another. Winning on a Strickland violation is very hard. It happens, but it is rare.

12. When my attorney speaks that my trial attorney did not perform a minimum investigation … He didn’t do anything. Hell, even after I told him how they threaten to lock Merry up and take the baby away, he didn’t believe me, or when I told him I didn’t kill Mrs. Franklyn. He didn’t believe that either. And he never discussed his strategy with me, conceding to guilt Is not something I would had wanted.

13. All this punishment stuff…. I do not want this, I think it is a waste of time, and pointless. I wish they would not had added this stuff. I could care less about winning a new punishment hearing. I will do whatever I can to shut that down will not happen if I have any say, I will be making It clear to the judge fairly soon. Putting all this crap is not what I want. Either give me a new trial and let’s see what a new jury has to say, set me free, or kill me. Putting he in general population will be a very big mistake.

14. That is right the state has offered no plausible explanation for the presence of blood under Mrs. Franklyn’s nails. They speculate that it ‘could’ come from one of the grandsons friends, That it ‘could’ had come from casual contact, or one of the friends ‘might’ had bleed in the house once upon a time. I will say it again, to put that theory to test is to test the friends. It’s that simple. They are listed in the police report. And I even added a few more names. Let’s not ‘speculate, let’s be absolutely sure. Right? Am I wrong to want that? I think every one of them, at least the ones I knew would be more than willing to take a test. But who is to say this DNA isn’t from just one person with AB blood type? But even if it is two men?! It’s not like there hasn’t been two or more people. Killing the same person. But think on this . . . What are the chances of two friends actually bleeding in the house in the same exact area…the same exact spot? Sure it’s not impossible, but golly, what are the odds?

15. I think the best course of action here is to just present all the new
facts to my jury, things they didn’t get to hear about and let them decide if this information about the way the ‘confession’ was obtained and the Blood DNA, withholding of the lab report, being lied to, and the DA intentionally withholding this information and failing to correct known false testimony. I think they are the ones to ask. The courts can’t know how a jury would think. So ask right? Simple, just ask.

16. You will read more on this jackass James Keegan. This man wouldn’t do anything for me, and he is the very reason I am procedurally barred from bringing up many of the new issues I am trying to bring into play now. He hung up on my mom, my friends, told them I was a skin head. And a few other things? Just a overall real sorry excuse of an attorney. All he saw with us here on Death Row was a fat pay check for very little work. More on him later, as I said he is the reason I am barred now.

17. Will it make a difference to the appeal courts or my trial court that my attorney wasn’t aware of the blood DNA, and excuse him from conceding my guilt … Which to this day just blows me away. I doubt it.

18. Well, these are all the points of error I am trying to get the courts to hear…it will be interesting to see what they say. Will they even give me any hearings? I am not going to hold my breath.

19. 11.071 is what we are filing under. Maybe they will give me some hearings, I doubt it.

20. Again proof the doors were locked.

21. Eric admitting, he nailed the screen down that very day. And photos showing the room where Mrs. Franklyn was found wasn’t as dirty or filthy as the DA and courts seem to think. Eric testified that he cleaned it a few days before. Now Eric’s personal live space? Yeah then man lived like a pig. But Lee Rose’s room was nice and neat.

22. I truly believe that if they would had went after Edward Bangs first, he would be sitting right here. Edward was like me when it came to talking to the cops, he has nothing to say to them, and the story he would had given about being with Alicia Overstreet the night of the murder (see article True Confession for Mrs. Overstreets response to that statement), they would had revoked his parole for something and he would be right here right now. I truly believe that. He was like me in the regards that if he knows the cops are coming to ‘talk’ to him, even if he hasn’t done anything wrong, he WILL leave. ‘Talk’ mean your ARE going to jail. I would be willing to bet he is STILL like this today.

23. I didn’t have any marks of any kind on me, no bruises or cuts. I didn’t struggle with Mrs. Franklyn. She scratched someone just hard enough to drew just enough blood, and that blood is not mine.

24. I have already talked about the statement in my other writings. So
    I am not going to address it here. But would like to note the part about
    me telling sgt Allen I spoke to her. (see Mary Alice Scott’s trial testimony for her description of us not speaking.) Hell I couldn’t even think of the woman’s name. Because I had only met her once in my whole life.

25. Only one witness testified I had a small pocket knife. But yeah, I reckon that ‘cinched it’.

26. My trial attorney Felix Cantu came to see me a few times, but I don’t really recall a time of us actually talking about the case. He would come and see me usually after I called him about getting into a fight or something with the jailers. I was pretty wild back then. And stayed in some type of trouble with the jailers. But to talk about the case? I don’t think so. Not saying we didn’t, but for the most part it was just to check on me and shoot the breeze. I don’t recall my other attorney ever coming to see me…maybe once.

27. Yeah, he should had called Merry to tell her story. I do think he called her, but just didn’t call her to the stand. He really dropped the ball on that. She could have told the court how they also treatened her.

28. I am a bit confused here. If Mrs. Wallace had no qualifications for
    determining if the elastic band was ripped…why aren’t we attacking that? But this woman is a real piece of work. Read up on her as she was forging breathalyzer results… How many has suffered for her actions? Placed in jail and or lost jobs. …hell of a woman don’t you think? And then there is of course Mr. Chu….this man has likely lied in many cases. And yet he still works for the HPD crime lab, amazing!

29.There was a lot my trial attorney should had done but didn’t. Looking back, Felix was a good man, treated me good. But man, in this case…not much of an attorney. I wonder if he has ever handled a capital case before or since?

30.Every time I read him saying these things it just blows me away. How could he do that to me is mind blowing. He just threw me under the bus.

31. More punishment crap I don’t care about.

32. Yeah, if my trial attorneys would had done a far better investigation, or hell, any investigation, they would had discovered a lot. But with regards to the lab report? If the prosecution is set on not giving it to the defense, then they won’t get it. But at the same time, they could had gotten it from the crime lab if they would had at least tried. That along with investigating my statement, the police report I think they would had won my acquittal. But they did nothing. No investigation, nothing.

33. Here is a photo of Mrs. Franklyn’s hand. You can clearly see the blood on the inside of her hand. And note that her nails are turned upward not touching the carpet. I’m not the smartest person around…but if it is facing upward, that means it isn’t touching the carpet, so how can they say her hand landed in one of the only spots on the whole carpet to collect this blood that ‘might have, could had’ come from one of the grandsons friends? And if blood is on her palms she would had been touching me, putting blood on my clothing, but there was nothing because I never touched her or she me.

34. I ain’t an expert on all this blood stuff, but I know some experts have said this blood could be that of AB, which could account for A and B.

35. You can clearly see Chu found something, but this is a ‘antigen’ test. Not a blood typing test. Two very different tests. Very big difference. He wrote done 0+1. And that is a ‘antigen’, not him saying he found a 0-blood type. And it is a proven fact, all blood has the 0/h antigen. He also messed up and wrote ‘0+1’ when he should had written ‘h+1’. ‘h’ is the antigen marker, while ‘0’ is the o-blood type marker. Big difference. But regardless of what he found, he found something and lied about it on the stand. Will the courts care? We’ll see, but I doubt it.

36. And it was only due to my attorney filing an open records request that we were able to learn about the lab report. My trial attorney sure didn’t have it. They withheld it and that is the Brady violation (see affidavit of Felix Cantu). But will that make a difference? We’ll see. But they have never given me cause to think they will. So I am not too hopeful.

37. Definitely not Mr. Raby…. definitely not. But the courts don’t seem to get that or care. If not mine and not the grandsons. . . Then whose? One of the friends the prosecution is saying it could had come from? Well lets test them, I want that more than anything, in the name of justice, the DA and courts should want that to.

38. From my understanding, I could be wrong, but a degraded DNA sample could cause AB blood to degrade and give a false reading of A-blood and B-blood types. Not really sure though. But the O/h antigen is in ALL blood. It is the building block of ALL blood except rare blood.

39. None of these DNA belong to Charles Raby. You would think that would be powerful enough right? Not here in TX. And what hurts me as well, even if we wanted to, and we do, you can see that for some reason this type of testing cannot be loaded into ‘CODIS’ But you can also see where my attorney speaks of the fact that we presented
    evidence in the DNA hearing that this DNA could had came from just one male. A male with AB blood type.CODIS is a DNA Profile Data Base for the FBI and states where thy have millions of DNA profiles on hand.

40. Again, if not me or the grandsons then who? Nobody and I mean nobody had and regular or intimate contact with Mrs. Franklyn. This too would not be hard to find out. Just ask the list of names that Lee Rose and Eric Benge’s provide to the police. And the names I provided, which I have listed in my writings. But somehow and I do not know how, but the prosecution and managed to convince the courts that Mrs. Franklyn had contact with others besides her grandsons, which is flat out false. Lee Rose knows this, as well as Mrs. Franklyn’s daughter Linda. Nothing in the transcript suggests she had contact with the friends.

41. These studies just prove how hard it is to get rid of DNA, and not as easy to pick up, say from a hand shake, or using a towel.

42.That is a powerful paragraph. Don’t you think? But the courts will not see it that way.

43.’The Texas court of criminal appeals acknowledged in 2005 Raby’s statement was inconsistent with and contradicts physical evidence from the crime scene.’ They granted me testing in part due to this fact. But when the results came back? And came back not me? They denied me. Citing that my statement now collaborates witness testimony that I was in the neighborhood, what I was wearing and I had a knife       they grant me testing because they saw my statement is factually wrong. …but when the results come back, they deny me. That is just mind blowing to me. This whole Chapter 64 hearing is nothing but a joke. I don’t think anyone has ever gotten and relief from it. Even if they would had ruled the DNA was favorable…they still couldn’t do anything. I would still have to sit here and file all this 11.071 stuff. Although it would help…but they can’t just grant relief on a hapter 64.

44.It is true I can’t trust my memory. I drank more beer than I had in well over three years. And took those pills, so yeah, I blacked out.

45. It is true I have been abusing alcohol since I was 11 years old. I drank everyday if I could. And I usually could. But mix it will pills or hard liquor? It was a sure bet I was heading for a blackout. I didn’t take pills all the time. So when I mixed them. Yeah, blackout city.

47.The courts don’t care that this statement is not from actual memory, But that blackout scared me, but one thing I do know , I had no blood on me and that just would not be possible.

48.This is about the time I also found out that Merry and the baby were
there. And I realized this man could have her locked up and the baby
taken away. So I just started agreeing and making things up. It was at
this time I knew that by just telling whatever he wanted to hear, it would get Merry and the baby home faster.

49. I truly do not have a memory of this night after I sat down to rest. I have bits and pieces of things that can only be from that night, going to that bar. Then I recalled going that school and jumping the fense. But I still do not recall this guy saying he saw me one night, even after he told me that he saw me and we talked. It is just not there. I have no memory of this at all.

50. Yeah here is some more of my attorney doing a outstanding job.

51. And yes, he did take advantage of me in more ways than one. My lack of memory, and my fear of having the woman I loved locked up and forcefully removing the baby from her if they needed to. He feed me facts like going out the back door, someone talking to me about jumping their fence, where in the house she was found.

52. If he would had just recorded it, it isn’t like he didn’t have the means to do so. Wouldn’t had taken but a moment of his time. And we wouldn’t be going through this now. One thing I flat out refused to do was admit stabbing that lady. He left well enough alone when I got pissed about him repeatedly asking me ‘are you sure you went in the door?’. Which is why there is no mention of me going through a window. I didn’t know about a window being used as the entrance.

53. You can see here, there is a history of recording statements. It isn’t hard to do. But not mine? Not after I repeatedly denied everything, being in the neighborhood, or going to their house? He should had recorded it.

54. And yes tragically for me, it resulted in a second confession. But there is more to it than that, I was still under the impression they could arrest merry. Although true I was questioning myself about that night. I have always known I didn’t kill Mrs. Franklyn. I have never in my life had even a thought of ‘I am going to kill someone’, even after I got shot. I know damn well I didn’t wash any blood off my hands in a water puddle. I know there is and was no blood on any of my clothing. It has been tested and retested. I know I did not murder that poor woman. She never did me any harm. I had no reason to harm her. But yes, I still questioned myself about that night, what I did do that night, where did I go and who did I see and talk to, but not about if I murdered Mrs. Franklyn. But instead about if I talked to James Falcon and going to that bar. If James Falcon said he saw and spoke to me, he has no reason to lie. And it would had had to had been the night of the murder. Taking me closer to Hardy Toll Rd where I woke up. Because in the short time I was out of prison, I NEVER saw or talked to James Falcon. I had last seen him in 1988 shortly before my daughter was born. So it had to had been that night. I have just no memory of it, even after he swears he saw and talked to me. I see nothing in my mind about him. So it had to had been the night of the murder.

55. Hell, they did an all-around sloppy job of everything. I did not know these two cops stayed behind. I thought I was giving the permission to search it while I was there. That is interesting. Could they had used that permission form to come back and search it any time they want? I would recommend never signing one if so.

56. Hell I am sure they checked out my shoes, but clearly saw there was no blood on them.

57. Here is one that will shock you. It is true I took some Tylenol with codeine. My ex had a c-section, so her doctor gave those to her. Well, all night that night, I was going in and out of her purse taking one here and one there, I couldn’t sleep. And when I did it wasn’t for very long. So when the cops arrived, I went in her purse really quick and took a couple more. Well, I recently just found out that in Dec 1999, Sgt. W.C. Wendel made an informal destruction request for my blood. This is the same man who threatened Merry, and I believe the very one that told me: ‘Look at me and tell me you didn’t do it?’. Then when I did tell him I didn’t do anything, He tells the other: ‘Yeah he did it’. He had my blood destroyed . The form actually said ‘informal destruction’ …I don’t know why he did that. I mean: I have always been under the impression that they cannot destroy any evidence until I am executed. But regardless, he has destroyed my chance at proving this. That I was under the influence. And that itself would make the ‘confession’ inadmissible. They are not supposed to take statement
    when a person in high. As my attorney pointed out that statement doesn’t say anything about not being under mind altering drugs or intoxicated. I wonder if any statements Allen has ever done in the past has anything on them about being under the influence? I have no doubt he could see I was on something. I kept nodding off, while he typed. But who will be at fault for W.C. Wendell destroying my blood? Me! Always me. Never them.

58. The only reason I thought what I did about 10 years was because sgt Allen told me himself i will likely be out in 10 years. But it is also true I have personally seen murderers get 20 years and only have to do 5 years. That’s right, 5 years. I had a cell mate who killed a guy and got 20 years and he would be out in 5.

59. I don’t know why they think I don’t understand my rights. I do, they can you your silence against you. I know this to be fact. If you talk to them they can and will use that. If you don’t, they will use that against you also. Perfect example? My case. My DA used my silence against me, you will see later.

60. No, it wasn’t sgt Stephens who told me to look at him and tell him I didn’t do it. And when I did he tells the others: “yeah he did it”. And that is when I told him:” if you are going to be like that I want a lawyer”. And that would be sgt W.C. Wendel. Sgt Stephens is the one that told me they were taking Merry home at her request and they ‘could’ charge her because they told her to contact them if she saw me.

61. And my attorney is 100% right about this, this confession is the result of me wanting to protect what felt was my family, I loved both of them. Even though Chris wasn’t my blood, I wanted him to be my son.

62. When the cops showed up I told Merry, stay inside, don’t leave the house. I wish she would had listened to me. But I am also sure Sgt. Allen made it seem that she had no choice. But yeah, if she would had just stayed there. …things would be a lot different.

63. Once I found out they were there, my whole demeanor changed and he saw it. He knew at that moment, he had me. He would not allow me to see her until after the statement was taken. He said he allowed me to see them before the statement. And even left me ‘alone’ with them. Which is about as insane as it sounds. I bet if we would as 100 detectives homicide detectives would you leave a murder suspect, someone you feel just 3- days before brutally murdered an old lady, alone in a room with a woman and child unhand cuffed for 3-5 minutes?

I am willing to bet that every one of them would say:” hell no, that is foolish and it could endanger the lives of those people. Hell that is downright stupid.” Taut that is what he said. Merry was taken home immediately after I saw her. (see Merry’s affidavit where she said as I was being led away, The was picking up her and the baby’s things) she left right after. She did not sit around waiting for me to give the statement after seeing me. But it is his word against mine.

64. Here is the same Sgt. Wendell talking about his buddy sgt Allen. Yeah? Did he also destroy evidence like W.C. Wendell did with my blood? Two peas in a pot if you ask me.

65. It wasn’t after booking that I was allowed to call merry to confirm she was actually home. It was before we left homicide to take me to booking.

66. Yes, I am very highly protective of those I love. There are many who could vouch for this.

67. More on sgt Allen messing that little girl over. The man doesn’t care about a person’s rights, as his partner said: ‘He knew how to get incriminating statements’…yes he did, by violating a person’s right. Threatening them. Threatening to lock up their loved ones.

68. I told her that and she told me that one cop told her the same thing. I told my attorney they even threatened her. But seems he ignored it.

69. Yeah, it was far more than an inconvenient delay. She should had never been there.

70. I have already spoke on this, but it bears repeating. No hilt marks. It is impossible for a 2-inch knife not to leave a hilt make.

71. Lee Rose and Eric Benge both knew I lived on Ried street. The same House I was living at. Which is but a couple of blocks away from Mrs. Franklyn’s. I just didn’t inform my parole officer as I was required to, so it wasn’t on any of the paperwork as my new address. But I did in fact live there. Just a few streets away from Mrs. Franklyn’s. It just blows me away that they refuse to accept the fact that I lived in that neighborhood. Because then, it becomes MY neighoborhoud, and not me in HER neighborhood. And shows I HAD to walk past her street to get to Reid St. where I lived. So of course people saw me in HER and MY neighborhood.

72. I never went in that window in my life. But you can see here that both Lee and Eric lied about it. All their crack smoking friends knew about it. They are just lumping me in with all their friends. How would I know about THAT window being used to enter the house? Is was NEVER and I repeat never used by any of us 4 years prior to the murder, the last time I was in that neighborhood.

73. If my trial attornney would had investigated it, he would had discoverd this and it would indeed caused doubt on Eric saying he found her purse dumped out. John Phillips has not reason to lie about this little bit of important information. They were childhood friends, best friends, they have known eachother all their lives or at least form grade school. Why would he lie on a friend? No, John Philips is telling the truth. Eric pulled out the money he took from his grandmothers purse. But yet, I am the one they accuse of dumping her purse out on the bed. Eric was in the house a while before Lee Rose showed up. Long enough to make two different phone calls (see Donna Lynn Perras affidavit). Two phone calls for which his cousin Lee Rose was not there to witness. Lee has never made any mention of these calls, because he wasn’t there. Lee did not stand around waiting for Eric to call his girlfriend and then his friend before calling 911. Lee stated that as soon as he saw his grandmother, he called 911. Something is very wrong with this.

74.Here it shows Eric called his girlfriend first. Why? But she said in her affidavit that Eric called Jeffrey Hattenback first. To me these are
very important details. It shows he was in the house long before his cousin Lee Rose and friend John Philips arrived. Lee says he went right to the phone and called 911. Lee makes no mention of standing around while he was waiting for Eric to get done talking to Hattenback and MS Perras. Nor does MS Perras make any mention of Lee being there. Just one more thing about Eric’s stories that cannot be trust.

75. Yes, if they would had went to Edward Bangs first, he would be here, I have no doubt about that.

76. A lot had changed in the 4 years I was out of that neighborhood. I don’t doubt any of this. And if they were hanging around Edward B I have no doubt he introduced them to the harder drugs. None of us did hard drugs. My friend James and Edward Bangs did the hard stuff. But again, Edward Bangs did NOT hang out with us when I was last in that neighborhood 4 years prior.

77. And here is the screwdriver. Part of the screen, it doesn’t show the full screen, but on the other side of it, there is a big rip in it. But that is the screwdriver they are saying i used to pry that screen off to get into the house. Well it needs to be tested. Don’t you think? I damn sure do. More so before it to comes up missing.

78. My attorney did a good job of pointing this out, but read it yourself (see trial testimony of Martin Doyle.) His descriptions go from almost 6′ foot and bigger to my size 5’6″. He did this to help the prosecution. But this is what the TCCA uses to say I was identified at trial. That couldn’t further from the truth. That man didn’t identify me.

79. If the police would had got to Edward Bangs first, he would be here. I really believe that, his ‘girlfriend’ clarely stated, he is lying and was not with her. Maybe he thought this reporter wouldn’t actually look into it? But if this is the story he would have give the detectives? Yeah, they would had zeroed in on him in the blink of an eye

80. Pretty impressive rap sheet. What catches my attention is the trespassing charges. I am not saying nor have I ever accuse bangs of this crime. I am not going to accuse anyone.

81. Here they are going after that jackass Keegan. This man was out to kill me. We did not get along. He would do nothing I wanted. It was his way and his way only.

82. This part is about the attorneys I have now, but due to Keegan not bringing up all the issues he should had, their hands were tied.

83. Same thing. Just nothing that could do. Keegan damn near killed me. But then they got the DNA testing. And if not for that, my attorney told me the DA was going to request a date for January 6th 2006. But was willing to wait to see how the TCCA ruled. And they ruled in my favor for DNA testing.

84. What gets me about the trial judge finding Chu and Benge unpersuasive is when Chu and Benge (or rather the DA wrote their affidavits for them), said they would not had testified to what my attorney wrote, about what she felt they would be testifying to, in the affidavits, there is absolutely nothing in them other than them saying ‘they would not testify to these things’…my judge should had allowed my attorney to question them. If nobody else surely Chu. I mean who better to talk about him testifying about his results being ‘inconclusive’ that the very man who did the test. And now Eric is dead. By not allowing my attorney to question him, my trial court judge denied me our chance to dig deeper into his lies.

85. The trial court judge refused to allow Chu to testify, but she allows the district attorney’s office to hire an out of state expert to come and ‘explain’ Chu’s lab report and spent all that tax payer money just to have her tell everyone what we already knew. And what we wanted Chu to explain himself. Money well spent don’t you think?

86. More of the out of state expert telling us Chu is an idiot.

87. They have a ‘history’ of stating results are inconclusive when they are not….how many of those inconclusive results got people sent to prison? In the Bromwick report it said they were doing to help insure convictions. That’s criminal if you ask me. But no charges were ever filed. Chu still works for the HPD crime lab.

88 . More of Hamby telling us that Chu is still an idiot.

89. Chu used up so much of the material, that he destroyed my chance to get a clear and stronger result. But whose fault is it chu did that? Who do they hold it against? Me. Always me.

A lot of this stuff is self-explanatory. Explains it better than I ever could.

90. Here Dr. Johnson my expert, talks of false readings. You will read more on that in a few. But the judge found her explanation to be false while she thought the states expert Dr Gahn was correct. …turns out Johnson was right.

91. Dr. Gahn saying she didn’t think it was a false reading, but admits it happens.

92. I like the way my attorney wrote this part; this is no ‘casual contact’. Mrs. Franklyn didn’t interact with their friends, hell, Eric didn’t even introduce his girlfriend to her. But for some odd reason despite testimony from Eric and Lee, that clearly said they were the only ones who had contact with their grandmother, the prosecution is able to convince the court that their grandmother interacted with these friends and had regular contact with them. This is just factually wrong. All we have to do is just ask the friends. What is the harm in just asking them the few simple questions I have written down? The court nor does the prosecution cite any evidence for this conclusion, it is based of sheer speculation, that and nothing more. The carpet was tested, and absolutely no male DNA was found on it. But the prosecution was able to convince the courts that Mrs. Franklyn’s hands just happen to fall on to the only two spots and extracted this DNA. But by this theory . . .that means the state is making it seem as if two different friends bleed in the house, and what are the odds of blood falling on to the exact spot someone else bleed and Mrs. Franklyn’s hands, nails landing in that area? I don’t know what more to say about that. But my attorneys have done well trying to point this out. But will it matter to the courts? I highly doubt it. The only way that I will be able to fight this ‘speculation’ is to have the friends answer the questions and take a blood test. If not, then my hands are tied and the state will keep making this argument and the courts will keep denying me.

93. Here the state notified my attorneys about a new policy for how they preform calculations on DNA mixtures. I wonder if we will be able to litigate this new stuff. It could very well show that this dna is from one person as we are arguing with AB blood. But I am no expert and don’t fully understand all this stuff, so I won’t even try to explain it. I wish I did understand it better.

94. My attorney makes a good argument here as well, but will it sway the Courts? Will they even pay attention to the new policy? They would if the state uses it, but when a defendant does? I don’t see it happening. They are all a bunch of former prosecutors and tend to lean in favor of the state. I mean after all, they, totally ignored all the studies on how hard it actually is to get DNA under the nails., my attorney entered into evidence. And those studies,…they were easy enough for me to follow and understand, and the last grade I actually completed was the second grade. I understood just what they were saying. But the courts disagreed with those who did the studies and
    wrote the articles. …so yeah, they will ignore this as well.

,

95. I think that sentence says it all, they did not disclose it to us, it was intentionally withheld. It is going to be interesting to see if they
    1. Give me any hearing.
    2. Or just on its own merits grant me a new trial, or
    3. Flat out deny me saying it is all harmless since they ruled the DNA was not favorable. Bet they would say it was favorable it was them or their loved one. Were sitting here waiting to die.

A lot of this is self-explanatory, so I wont waste time talking about it.

96. Don’t tell me I don’t understand my rights. When I tell you that they can and will and do used your silence against you, I am living proof of it. So yeah, you are damned if you do and damned if you don’t. And if it is something they aren’t supposed to do, then why do they do it and why doesn’t the court correct it? Or grant me relief on it? That is because they can use your silence against you. I fully understand my rights. But my attorneys and this confession expert tell me I don’t…. well I do. If they can’t do it then why do, they? If they can’t do it, then why does the courts allow it? Why won’t they grant me relief? Yeah, I understand it.

97. More on my silence, but it won’t make a difference.

98. More on punishment…I did not want this, I do not want this, it is a
    total waste of everyones time.

99. All this crap about my ex. That the way I treated her was due to observing sexual abuse and being sexually abused, is a bunch of fucking bullshit. Yeah, it pisses me off that they wrote this, I don’t know where they get this stuff from. But I find it very insulting to my mom’s memory that they would say this about her. She never touched me, my mom may not had been the best mom, she wasn’t perfect and had her own demons I never knew anything about, but she never touched me or my sister or brothers in this manner. I resent the hell out of this part here. I treated my ex the way I did because of her cheating ways, she can’t deny them, hell her own family knows, her best friend, my friends all knew….so yeah, I could had handled different. I should had handled it differently, but I was young and foolish and hurt. I instead handled it the wrong way. I regret it, nothing I can do about it. But my treatment towards my ex had nothing to do with my childhood. I have never in my life been sexually assaulted. And to say my mom did that to me. Yeah, I find that very insulting.
And mom I have everyone thinking my mom is some kind of pervert who would harm her child like that is just flat out not true. I loved my mom, my mom loved me. I wasn’t the best kid in the world, I was young and even then I had a mindset of my own. I did what I wanted, and went where I wanted. Not like my mom didn’t try. Hard to make someone listen when that someone would rather roam the streets. She tried her best to make me go to school would drop me off, and once the bell rang, I was walking off.

Everyone wants to blame my mom, she should had did this, she should had done that, well guess what? She did. I refused to listen. I would rather roam the streets, getting high and drinking, I hated school. I couldn’t do the work. And anytime some fool called me retarded, I would slap the shit out of him, or get dead on their ass. Yeah, I couldn’t read or write, but I could damn sure fight, and I hated school. I didn’t like people making fun of me. So it was either fight all the time, or just stay away from school.

I wasn’t a perfect son. To put all blame on my mom? Is just wrong. My mom worked 3-4 different jobs a day at times, going from one to th e next, so when they say all she did was sleep, first, you don’t know a damn thing about my mom, and second, you work 3-4 different jobs getting 2-3 hours’ sleep in between each, let’s see how tired you are. Yeah, it pisses me off to have this written about my mom when I know damn well it ain’t true. She did what she could with a son that was going to do what he wanted regardless of what anyone said.

100. I suffered from ADHD as a child, didn’t know it then, but all I have
     read nom, when I read about it, I read about myself. Here is just a small example of my schooling. I am trying to get better records but it isn’t easy. But let me point this out, I failed the 1st grade, I failed the 2nd grade. I am sure I was only socially promoted to the 2nd and 3rd grade. I enrolled into the 3rd grade, and went about 2-3 weeks at most. So if we get right down to it, the last grade I actually completed was the 2nd grade. From the second grand, I ..or rather from the 3rd grade I am then placed in the 6th grade. You can see, I didn’t go to school, so there is no grade, then I am somehow placed in the 7th grade. ‘Special education.’ Look at my grades, f,f,f,d,f,f,a that is in the 7th grade reading and writing at a 2nd grade level, if that, so from the second grade, I was just socially promoted all the way to the 7th grade. I have never went to school in all those years from the 3rd grade to the 7th a total of 3 months. If that. It says I went to Fonville in 1985. This is true, but they gave no grades. That is because I only went a few weeks, this is about the time I met my best friend James and we said: “To hell with school”. There are no grades listed because I didn’t and couldn’t do the work.

I mean if we just look at these grades. I fall in the retarded range don’t I? I already wrote how I was able to get a GED while in the state school. A GED is based on a 9th grade education. So really, do you think I was given this GED to help me have a fighting chance in the job world, or that I a person whose last grade completed was 2nd grade, could pass a GED with nothing but a second grade education? There were whole school years I didn’t go, and those I did go, were only for a few weeks at most.

My family knows I couldn’t read, my daughters mom knows I couldn’t read and write, my ex Merry Alice even commented on the different handwritings in the letters I used to send her from prison. That was because I would have people Write down what I said. My handwriting? You would not had been able to read it. I couldn’t even pronounce words very well. My daughters mom was always teaching me how to properly say words. Pretty embarassing to go through life not know how to read and write. Find it has taken me 23 years of being locked up to get to where I am today and I still suck at it! But for some reason I tell people this, they don’t believe me. I know the prosecution will not. They will say, ‘oh it isn’t that he had a learning disabilty or couldn’t do it. It was he did not want to do it. He didn’t apply himself. Charles wasn’t going to do what he didn’t want to do’. Anyway, I am still trying to get my full records from school, attendance and all.

101. Yes this is when I started getting in to trouble. Those damn cops would see me walking around when I should had been in school and once I knew they were headed my way, in a blink of an eye I was gone, so now they are chasing me all around the neighborhood, getting into more trouble, doing petty theft, joy riding in a stolen truck I knew the guy stole. That was my first time in a lock up, then to TYC.

102. This part is wrong in so many ways it isn’t even funny. First and foremost, I did not and never have viewed Mrs. Franklyn as a mother figure, I didn’t even know the woman but in passing. I may had said 10 words to here in all my life. Mrs. Franklyn was not a very social woman, and rarely came to the part of the house where we hung in Eric’s old room listening to the radio and Smoking weed and drinking beer. She only came to the room when the music was too loud, she rarely left her bed room. And no, Kari did not live up to my expectations of a sweetheart. If she would, she had never gotten pregnant with my daughter. At the time she did, I would had left her then. But once we found out. ..we stayed together. But where my trial attorney got the impression Mrs. Franklyn was a mother figure to me is beyond me.

103. I don’t care about this mitigation stuff, total waste of time.

104. I only care about the guilt and innocent stuff, all the rest is pointless. I would rather die than to spend my life in prison, and it would be a very big mistake placing me in general population, freedom or death is all I want.

105. My state habeas attorney…what a joke he was, that man was trying to kill me. I was willing to try anything to get him off my case.

106. Now you will read all about James F. Keegan. He wouldn’t do anything I wanted, no investigation, nothing, it was his way or no way. When he did visit me, all he did was spend his time telling me about how he used to work for TDCJ and it wasn’t as bad as everyone makes it, and he liked the food. …really, he liked the food.

107. Here it shows just how much time he actually spent on my appeal, 163 hours is not long at all.

108. The only good issue he brought up was the one about my indictment. And how my jury didn’t have to agree on the charges. I still don’t know what I am actually here for. The jury from the note they; sent to my judge makes it clear to me that they were in some type of disagreement. And under TX law, they had to agree on one, or all charges, they couldn’t be split. But even though I have an actual claim here, the courts have already ruled it procedurally barred, because my trial attorney didn’t object to it. So since he didn’t object to it, I am at fault for his short comings, and they said it was not ineffectiveness on his part for failing to object. So a violation that, all by itself would had gotten me a new trial, they say too bad. Denied.

109. Pat Rovensky. Wonderful woman. She really cared for me and did what she could to try and help. If it wasn’t for her helping me draft those letters I sent to the TCCA. If it wasn’t for her, I know I would be a dead man, it was her that helped me get the attorneys I have now, I owe Pat a world of thanks. Wonderful woman.

110. Yeah, Pat was a thorn in Keegans side and he disliked her. She stayed on his ass for me and he would drive all the way from Houston to see me not to talk about the case, but to bitch and moan about Pat ‘hassling’ him, and asking me: ‘Just where did you find this woman?’ I would try and talk about the case and he would get upset, telling me he is running late on other things he has to do. Yeah he did not like Pat. I loved the woman for loving me and helping me the best she could. He told her I was a ‘skin head’ and felt I was guilt, and a few other things, he was an all-around sorry attorney. All he saw when dealing with, us Death row inmates, was a fat pay check – for a little bit of work. He wasn’t going to do anything extra he didn’t have to. No investigation, nothing, he was in it for a fast buck, forgets how much he got payed but it was well over 15-20 thousand dollar or more, for doing 163 hours of work. Good chunk of money huh? And the man was heartbroken on our last visit, when he kept telling me how much ‘he could use the money and wanted to do the federal appeal. That would had been even more money for it. And all he would had done was submit the same bullshit he already submitted to the TCCA. Adding nothing new.Here he is telling my ex step mom he thinks I killed the woman.

111. He never heard me admit this to him, and what in the hell is he even telling her this for? Is that the very definition of a professional attorney or what?

112 . Here he is crying to her about the money. Yes, he would had gotten paid a good amount of money, he is nothing but a vulture! See use here on Death Row as easy picking to a ‘good amount of money’.

113. You can see I spoke to him about forensic evidence, and if he would had investigated it? Just think, he ‘might’ had found the very same things that the attorneys I have now found. All they did was file a TX open record request, and they found the hidden lab report. He could had done that, but no, it was his way and his way only, he wouldn’t do anything I wanted. So yes, he was ineffective. My letters to him speak for themselves. I tried, I told him what I wanted. But will the courts say that since I did try and have his do these things, that he was ineffective, or will they say ‘so what, you tried, he felt it wasn’t needed, so too bad, we rule it harmless”?

114. I really had no intention of ‘dropping my appeals’ to kill myself. Although I have thought of it, I am sick and tired of this life, tired of being denied at every turn, so yes sometimes I think drop my appeals and get it over with. But my real intention? I would had been called to the court, and I was going to haul off and ‘knock him out cold’. . that would had gotten him off my case right then and there. . I felt he left me no other choice. You know what is a trip? He wouldn’t do anything I asked, no investigation, no forensic investigation…but he was more than willing to help me drop my appeals. What a guy eh? That’s one hell of a man, he won’t help me fight to save my life, but he was willing to help me fight to kill myself. My mom called him one time, actually twice, and he hung up on her. He hung up on friend Pat Rovensky, told them I was a skin head, that he thinks I am guilty, and that he wasn’t going to do anything he didn’t want to. Real nice guy. Refused my mail. Comes to see me and bitch about Pat always calling him, and wanted me to tell her to stop. I told him she speaks for me.

Well that is what it is. I think my attorneys did an outstanding job. But will it make a difference? Granted I am not at all happy about the mitigation stuff. I didn’t not want that, still don’t want it and is a total waste of everyone’s time. Next will be the states response to this appeal.