Article by Mike Giglio – Houston Press – Wednesday, January 13, 2010
- Skyscapers. Yes this is true. I woke up there with no idea how I had gotten there, and still feeling the effects of all that beer joint, and that little blue Valium I had taken. I recall being really thirsty, and remembered there was a park only a few streets over, Cryden park. So that is where I headed off to , in search of some water. I couldn’t find a fountain, so I went to the school right next to the park, Berry elementary, and got some water there. And that is when I decided I would just head on over to my mom and grandma’s house , off Little York off Cedar Hill, where I stayed the night , until the next morning . (See description of my days events for a fuller story of everything I recall doing that day).
- Hoping fences until he was home. Home being as I stated to where my grandma and mom lived on Cedar Hill. I didn’t live here, just ate and sometimes stayed the night, but I lived at 706 Reid St.
- Stabbed to death inside her living room. Mrs. Franklin was not well known, when I was in that neighborhood 3.5 years prior to her murder. Only Lee and Eric’s friends knew her, and not very well. I knew her in passing, having said maybe 20 words to her in the time I did live in that neighborhood. And to my recollection, nobody called her ‘grandma’. The only one other than Lee and Eric that called her grandma was my old best friend James Jordan.
- Benge remembers that the front and back doors were open. When I left Mrs. Franklin’s porch that night, the front screen door and front door were closed. I do not recall any lights being off, or on. I have no clue about the back door.
- Blood has splattered onto the couch, and on the sheet that partitioned off the kitchen. This is true. I have seen the photos , and there was blood everywhere. The sheet that they speak of, was at least 5 feet away from Mrs. Franklin. So that tells us, that the blood flew from her. Yet none of this blood that she was drenched in, or was in the surrounding areas around her got on me? That is impossible.
- Puncture wounds in her chest that reached into her heart. I am no detective, but to me, if Mrs. Franklin had defensive wounds to her left arm, and cuts to her hands, this tells me, this was a frontal attack. In my statement, I said I grabbed her from behind. The little knife I had was the smallest ‘old timer’ made. What they call a pin knife, is supposed to had reached as far as to puncture her heart. But yet, there were no ‘hilt marks’ on Mrs. Franklin. I don’t know how far into the heart the knife went, but it seems something that needs looking into. Mrs. Franklin was stabbed 15 times, and beaten. Half her ribs were broken . But again, no hilt marks were detected on her. That is impossible . Although it is true a 2 inch blade can make a 4 inch stab wound, that means in order to do it so, it has to reach its maximum depth of 2 inches. And by doing so, the ‘hilt’ is now flush with the body. And if you press downward with enough force to drive it in deeper , you now press the ‘hilt’ with more pressure against the body. And that, with a hard thrust will surely leave a ‘hilt’ mark. I personally, do not see any way around that. My 2 inch knife did not inflict those wounds on Mrs. Franklin. No way, not without leaving some trace of a hilt mark. I have heard enough true crime shows to know there will always be a hilt mark. Clothing will not prevent a hilt mark unless it is real thick clothing, such as a jacket or sports coat. Something to stop the hilt from leaving a bruise. This is just my understanding of it. I could very well be wrong. But, once the blood stops flowing, it leaves a mark, a bruise. (XXVII 12-44.)
- The autopsy work of Eduardo Bellas, the coroner who said, Raby’s 2 inch knife could have caused Mrs. Franklin’s 4 inch wounds. Again, as I stated before, there were no hilt marks on Mrs. Franklin. None! Not from anything I have ever read or seen. And I flat out refuse to believe a 2 inch knife can make 4 inch stab wounds, without leaving a hilt mark. Try it on an apple, watermelon, orange, anything. You will leave a hilt mark . No way around it. (XXVIII at 12-44.)
- Raby, sitting on death row, no longer believes he killed Mrs. Franklin at all. I don’t just believe it, I know it to be the God’s honest truth. And there is no way I could had left that lady’s body without getting not one micro drop of her blood on me. Everything has been tested, and retested. Nothing at all, and that is impossible.
- I knocked on the door. I didn’t hear anyone answer , I just went inside. I cannot enter a locked door. And, it is a proven fact, that the murderer of Mrs. Franklin , gained entrance into her home through the south east bedroom window, by using a screwdriver, that was used as a pry bar, to force open the screen, that had been nailed down that very day. (See Linda Mc Cain’s testimony. Lee at XXVIII at 280-1. See Eric Benge XXVII 69-70, 77,130-1.)
- The next day, I knew I had killed Edna. I would had known that night, if I had murdered Mrs. Franklin. I don’t care how drunk I would had been, I believe I would had known that right away.
- I remember being at her house, and struggling with her, and Edna was covered in blood when I left. If I was struggling with her, I too would had been covered in her blood, as Eric Benge , who tried to do CPR on her. Was in this article he said, “His arms and hands were covered in blood”. So, if he can get covered in it by attempting CPR , then surely I too would had been covered in it, if I am struggling with her, and on top of her. No way around it.
- He got mad and threw a bottle on the porch, and he left. And that was the last time I seen him, and he come back and killed her. She did not say anything to me personally. She did not say anything about me beating up on women. Where would she even get that from? She told Lee, she didn’t want me there, due to thinking I just got out of prison for breaking into homes. I told Lee, as we were walking down the street, it was not for breaking into homes but rather, a robbery. And Lee left with me. And I did not, I absolutely did not break a bottle on that lady’s porch. Lee would not had left with me. Those guys would had beat my ass if I did that. They hadn’t seen me in almost 4 years. I was a stranger to them. Lee and John were high on crack.
- Raby says he agreed to say whatever Allen wanted. That’s absolutely correct. In exchange for him promising to let her and the baby go home. I told him whatever he wanted to hear. And true to his word, they took her home.
- Are you telling the judge that you would had come clean with the police anyway, or not? The prosecutor asked. There was nothing to “come clean” about . I told them I knew nothing about any murder . They didn’t believe me, so that’s when I started lying about my whereabouts. I tried telling him the truth, but he wasn’t hearing anything I had to say. Once he caught me in those little lies about where I had been, and who I had seen that day.
When I say I don’t know if I would had then or not, because, I was prepared to lie , then I was going to lie . Whatever it took to try and convince them, I didn’t do it. I meant that, if the truth didn’t work, then I would resort to lying. And neither one of them worked . He didn’t believe the truth, and didn’t believe my lies. I just wanted to convince them I did nothing wrong.
- Because it is true and well, he didn’t force me to do it, but I wanted her to go home. The only reason I said it was true, was because I was still under the impression they could charge Merry. Like a fool, I was listening to all these “jailhouse attorneys “ who think they know everything. And a few of them told me “you better not renege on the deal”. They could still arrest her. And like a dumbass, believed them. (If you ever go to jail, or prison and know how to read, look it up yourself. Don’t listen to those damn” know it all “ attorneys. They don’t know nothing!) When I said, he didn’t force me, you have to understand, I was talking about physical force. As in slapping me around , twisting my arm. I had no idea what “mental force” was until years later. And yes, he did force me by threatening me. Now if the DA would had asked the question., “did he threaten you”? I would had said yes! He threatened to lock Merry up, and take away the baby. I even said, “but I want her to go home”. I have been telling anyone that would listen since after I “confessed”. They threatened to lock her up, and take the baby. The only reason I did it was to make sure she and the baby went home. But, no one would listen. No one is listening now!!! I told my mom, I told my Aunt, I told my grandma, I told my attorney . I told many people. I told Merry, I told the cops in jail when they asked me if I did it. Believe me, I was telling people. But those that could do something just weren’t listening. My attorney Kevin, brought that up to me one day in the visiting room here at Polunsky Unit. And my only response to him was, “I was a dumbass ”. And it is true. I was dumb because I couldn’t read. I was dumb in listening to those fools in the county jail, telling me they could still charge Merry. Just plain dumb. Now I know, they could never charge her.
- No physical evidence tied to the Raby claim. The case revolved around the confession, and witness testimony placing Raby near Franklin’s, the night of the murder. No physical evidence because there is none! The case revolves around a false confession. And they know it to be false. And of course, witnesses placed me in that area. I lived at 706 Reid St. I spoke to 2 people. That doesn’t mean I murdered Mrs. Franklin. But I will say this, something just don’t add up about all the things that “aren’t missing”. Like the jewelry, pot, money, ect. I really don’t know what to say about that. But something is odd about it.
- Scattered belongings …..no blood was found on the jacket, shirt, shoes, or jeans Raby was wearing the night of the murder. That’s is because I didn’t murder Mrs. Franklin . There is no way , none whatsoever that I could left that house without her blood on me. These things have been tested and retested. Each time, it is the same thing. No blood. Nothing. But that falls on deaf ears of the court. This was a very bloody crime scene. I have seen the pictures. (I am not going to post them on this site. That is just something I will not do) But the written report speaks of all the blood. And how far it flew. And if blood is flying everywhere, then it should gotten on me. There is just no way around it. It defies the law of physics. And if something doesn’t make sense, that is because it isn’t true .
- No DNA test were preformed. This is after Allen told/requested DNA testing be done. I wonder why J.Chu took it upon himself to disregard that request? Something isn’t right about that. I mean, he works for the police station . And when they give him an order, or make the request, it should be followed through with. Or some explanation as to why it wasn’t. But all Chu did was “blood typing test “. And once he saw there was nothing of mine there, he stopped. I would like to know why? And I hope, if I win a Brady hearing , that my attorneys will grill his ass and find out why he would disregard that request. That just caused me to have a thought . I wonder if there is a way to find out if he ever disregarded a DNA request before? I am sure it would take a an investigation. But I think that is something major I just thought of. Was he instructed the habit of just flat out ignoring requests? Or did he do it every time something popped up he didn’t like. Or, did he just do this in my case? Interesting.
- Chugged along. Here it says “neither Raby , nor his attorneys were aware of the actual results of Chu’s blood test. And his testimony was quick and uncontested. This is what the call “withholding of exculpatory evidence “. And is a Brady vs Maryland violation . And what will be going to the TCCA on next. It is also “misconduct “ because the DA intentionally withheld it. And he knew of Chu’s test results, and knew Chu was telling a lie, and he failed to correct it. I wonder if there is a way to see just how many cases that Chu and my DA have worked together on. Anything DA related before? It would show a few things. One , if my DA ever had to correct Chu, or even had Chu explain his “inconclusive “results . Anything that would if my DA knew how to question Chu. I think that would be very interesting as well. It is a fact that he intentionally withheld that lab report. And he knew he was violating the rules of law. (See motion my attorney files requesting “any exculpatory evidence.
- Capital case. Here again, he shouldn’t had did it , but as I said, in some of my other writings, I know why he did it. He was trying to save my life. He didn’t know about the blood test, so his hands were pretty much tied. I respect the hell out of Felix Cantu. He was/is a good man. But knowing what I know now, having educated myself about the law and stuff, could he had done better? Yes, a lot better. Which brings me to this.
- The psychologist replied ….I will never understand why he would call this idiot to the stand. A Doctor who is known to work for the state, and having stated, “that the color of a man’s skin is a factor in how they will act in prison . Even outside of prison. I have been to prison, and I can tell you, sorry mother Fuckers come in all shapes and sizes, and a variety of colors. There are violent people in prison of all races. Not just black and brown. I have known some whites that were some of the craziest, and meanest people I have ever met in prison. But this is a perfect example of that “good ol’ boy” system. They seem to keep using the same quacks in court , when I’m sure there are tons of others who are just as, or more qualified to tell a jury about a person. The more you use the same person, the more “calloused” that person becomes, due to him/her learning about the horrors of each case. Then all they see is a guilty person who is a monster, and feel it is their job to help put him away. And that is what I do believe Dr. Walter Quijano was doing, helping with convictions. Hell, he called me a “psychopath”. That was after spending less than 20 minutes with me one day. 20 minutes! He didn’t really ask me anything.
I know I was a young nut back then, but I’m not a psychopath . A psychopath has no feelings, can’t love. I have both. I feel, and I love. I love my daughter, I love my mom, my aunt, my family, my friends. Anyway, it was a bad move calling him to the stand.
- Safe without him. This is my ex. The mother of my child. Well, she can say this. I was pretty mean to her, I admit. I was a fool. A young drunk , and we’ll, yes she can say this. But that was someone I used to be, and even I don’t like that person I used to be. But one thing I do not like is that she told the reporter Mike Giglio. It was something about Edward Bangs. That she “knew” him, and he “was the sweetest guy”. First off, she did not know him. Anytime she saw him, it was with me. Meaning , she was with me, and he was with my best friend James. Edward Bangs was not ever my friend . We didn’t hang out with him, so why she would say that is beyond me. And he is not “the sweetest guy”. Edward is half crazy, and when he is on that dope, full blown crazy. He and I did not click. But I want to make it perfectly clear, I have never accused Bangs of this murder. And I am not doing this now. I am not pointing the finger at anyone, but he is one of the “friends “ I want tested. His DNA as well as that of John Phillips is on file. And if any others have been to prison, there is a strong chance they have their DNA on file as well.
- Poor representation. Yes I was. Again, I have a world of respect for Felix Cantu, but he could had done so much more. Like believing me when I told him I didn’t do it. Believing me when I told him I only “confessed” to protect Merry, because Sgt. Allen threatened to lock her up and take the baby. He could had hired his own DNA expert, a confession expert investigated my statement. And damn sure not had called Walter Quijano to the stand. I had this other attorney Jim Keegan. Man let me tell you, this dude here was out to kill me! He wouldn’t do anything I requested . Like DNA testing, investigate people’s statements. He flat out told me “I’m not doing that”. He refused my mail, hung up on my mom when she tried to find out more from him, hung up on my friend Pat Rovensky, who actually used to work for TDCJ. Told my mom and Pat after his first meeting with me, I was a “skin head”, because all white guys in prison who shave their heads are skin heads. I hate shaving my hair off. I only did it because I messed up cutting it, and it was summertime , so I shaved it. But to him, that meant that I was a skin head. I was going to drop my appeals because this man wouldn’t do anything. It was Pat Rovensky who helped me get rid of his ass. She wrote the letter, I sent it to the judge , and soon after I got new attorneys. Good attorneys . Tracey Roberts, Kevin Mohr, Sarah Frazier and a host of others. I don’t know who worked on my case from King and Spalding. If it wasn’t for Pat writing that letter for me, I know without a doubt I would be dead right now. So thank you Pat. Soon after he got wind of the letter I sent to the court, he comes to see me damn near begging me to let him handle my federal appeal. When I told him no, he wrote the court telling them our last visit was “chilly”. Whatever the hell that means! I thought it went well . Buy yeah, I have had bad representation until king and Spalding came along. That is where I got Sarah. She has been fighting for me ever since. Although she is no longer with King and Spalding, she remains by my side. Kevin still helps out too. I am great full for everything they do. I know I can be a pain in the ass to Sarah sometimes, because once I become fixated on something , I do nothing but talk about it. And right now my fixation is getting those friends tested.
- Ongoing litigation. Chu handles evidence intake now. This fool shouldn’t even be allowed to turn off the lights at the crime lab! This ongoing litigation has been has been going on for far too long. When the hell is it going to come to a conclusion?
- Anytime. DNA from two different men. I don’t know about that. I am no DNA expert, but who is saying that it is only one person who killed Mrs. Franklin? But I have read that blood does start separating , or a “AB” result “could “ turn into A and B, giving a false reading. But in the end, it doesn’t matter. What matters, or should matter is, it is “NOT MY BLOOD “ that was detected. And on top of that, her blood was on nothing of mine. That had been tested, and retested.
- Innocent of the offense. That is insane! She wouldn’t say that if it was her sitting here, or her son. Just because my blood isn’t there, doesn’t mean I didn’t do it?? Okay, but what about the presence of someone else’s blood? Blood on the fingernails. How do you account for that? Oh yeah, by saying “it could had been from one of the grandsons friends “, or both her hands just “magically” fell into two totally different spots on the carpet, and extracted this “blood “ that was found nowhere else. That doesn’t fly with me. But I will not stop saying it, test the friends , test the screwdriver. I understand it is her job, and she is good at her job, but after everything that she has learned, how they threatened me to get me to confession, withheld evidence , lied, ect, surely she knows something isn’t right about this case. She has to see I got screwed. But I don’t think it will make a difference.
- Franklin’s death. Yes I did. But I explained why. I still thought they could charge Merry. But I know she will not believe that.
- By her hair. I never did that. I never dragged her down the street by her hair when she was pregnant. That is a lie! Never happened. I admit I treated her bad, but (that) never happened.
- Reasonable accurate. Here this guy said I told him “I went in and used the phone”. That never happened. I did not use the phone. (There will be a record of it). The one thing he got right is, I told him I did not read the confession . I couldn’t read it, I didn’t know how to read.
This is the same guy who gave me a test to take, a bubble question test. While in the court hold over, I was with this other guy who didn’t know, and he was doing the test for me. I told him “man, that doesn’t look right”. Meaning, the answers weren’t lining up with the questions, I told this Doctor, and he told me “don’t worry about it”. That’s some Doctor! They need to rotate these idiots as well. They don’t care about the inmate, they feel more of a connection toward the law enforcement.
- My hands. It doesn’t feel right, is right. I know I didn’t murder Mrs. Franklin . I have done a lot of messed up things in my life . I stole from people just so I could have money to buy beer. I let people down, I hurt people, I know I was a troubled teenager back then, but one thing I know for certain, and that is, there never was any blood on my hands. I didn’t clean my hands off in a “mud puddle”. I didn’t have any blood on me that night, the next day, or on any of my clothing. So no, I do not feel dirty for this crime. I feel some shame for some other things I have done, stealing from people, but I didn’t murder Mrs. Franklin.
- Bedroom window. I recall this night, and yes there was a helicopter. But it wasn’t after me, but it sure seems to me like the damn thing was following me for some reason. I would walk in a yard, and here it would come. I started freaking out, so I took off running, and keeping out of the spotlight. But here is the thing, I hadn’t done anything wrong, but I just took off and made my way to Lee’s house . I knocked on Eric’s old back bedroom window. Lee was in there jumping out and opened the window, and I crawled in. That is true. But the chopper wasn’t after me, or anything I had done wrong. It was just one of those weird circumstances.
- Smoking pot. This is flat out wrong . Yes we would go there and go in Eric’s old room and drink and get high. But I assure you, Mrs. Franklin did not know what we were doing. We hid everything from her. I recall one night she did catch us smoking weed. It was me, Eric, and my friend James Jorden. She told us to get out, and lite into Eric’s ass. So no, this wasn’t a place where we could get away with any drinking and smoking pot. No way! She did not approve of those things. And she did not like a lot of people in her house. At least not when I was there, 4 years prior to the murder.
- Rough group. Yes I was a heavy drinker. I would drink every day. I was 15.5 when I met Lee, Eric, John, Kennith Gaddis, and Crawldad “James Parks “, and I was drinking every day then. I hung with them all the way until my child was born September of 1988, and that is when I moved out of that neighborhood. But yes, I was a heavy drinker. There were these stores around there, 3 of them that would sell all of us kids beer. I was a young alcoholic . I see that now.
- His stomach. Yes I was wild. I was the one that didn’t allow anyone to touch me. You put your hands on me back then uninvited , the fight was on. I did see myself as an “outlaw “. I do have “Texas outlaw “ tattooed on my stomach. I lived outside the law. I did not like cops, so anytime there was one around, I would leave. If something happened and the cops were called, whether I did anything or not, I would split. I didn’t want anything to do with the cops.
- Teeth as well. This is one of my biggest regrets of my life. When my mom was trying to pull me off my step dad. As I was hitting him, I was coming back for a punch and my elbow caught my mom on her jaw, and her false teeth came out. But the moment I knew I hit my mom by accident , the fight was over. I loved my mom. I still love my mom. She is no longer here, but I love my mama, and I would never hurt her like that. She knows I didn’t mean to do it. She just saw I was hurting Bruce and was trying to pull me off. But once I realized it, I stopped fighting. That was when she “got on my ass”. My mom was as sweet as could be, and gentle. I knew I messed up, and when she said “boy!!”, and went to smacking the hell out of me, I just folded up. I would never intentionally harm my mom. My mom was my best friend. If I needed her, and I did many times, she would be there. She would stop what she was doing and come get me. Even stop in the middle of her job at work, and come and get me. So no, I didn’t mean to hit my mom. It is something I regret to this day, even knowing it was an accident . Something that should just have never happened.
- Down the street. Here is proof. I was in jail for fighting my step dad, and then went to prison for 2.5 years. That is a total of 3 years I was out of that neighborhood. Well, since I am explaining things, I may as well explain the story of the “big robbery”. This is one of those really dumb moments in my life. I forgot the date, but I was at my friends house Ray. The dude that introduced me to Merry Alice. Well he had to go to work , or I think band practice, I’m not too sure. But he introduced me to this guy that morning. Name Jamie , who lived behind Ray. Well Ray had to go, and I just stayed there with this Jamie dude who I just met. He had just met Ray a week before. So I am hanging with Jamie . We are hanging at his house and he pulls out this meth. I have never done it before, so I did a tiny line. A few hours pass and Ray comes back. It’s just about dark, but Ray had this dude with him named Pete. This is the first time I met Pete. Cool little Mexican cat. Well we run out of beer, Pete says “I have some money, can you give me a ride to the store to buy some beer”? I told him it wasn’t my car, but I asked Jamie. Jamie agreed to drive us. Now before we get into the car, Pete pulls out some money , I don’t know how much it is, but I do see he had some money. I didn’t have any. So we load up into the car, the 3 of us. We go to the Diamond Shamrock on Airline , and Pete goes in to buy the beer. I am tired, so I have my head tilted back, eyes closed, jamming out. All of the sudden Jamie shakes me and says “hey, that guy is chasing your friend”. I think, “my friend”? But it is Ray’s friend , and Ray is my friend, and hell, a friend of my friend, is my friend I guess. So I get out of the car , I come up behind the dude and yell ”hey”! He turns around and he has this Billy club thing in his hands. I see that, I pop out my blade, and we just stand there for a moment, and he takes off. I see Pete picking up the beer. He and Jamie pull up , we get in the car. I ask Pete “man, who the fuck was that”? He said, “I don’t know , but I just stole this beer”. I thought, what? But we are now driving to Jamie’s house, and right there is a cop car on his street. He passes it by, but I guess the call came over the radio, and there we were passing him by at that very instant, and he comes after us. I am telling Jamie “dude, stop and let me the fuck out”!!!!! This is my old neighborhood , the one where I met my best friend James Jorden, and I know it like the back of my hand. He tells me “hold on”, and takes this corner at Tidwell and Airline and “smash”, right into a light pole. I had taken off the seat belt waiting on him to stop so I could run. So I did a face plant right into the windshield . I have glass all over me, cuts to my face, bleeding, and can’t see anything. I get out of the car and take off running. I can’t see and I run right into the glass of the fast food chicken place. I bet I scared the hell out of those people eating there. We’ll, that cop is right on me, and picks my light ass up off the ground. Slams me against the wall and cuffs me before I know what is going on. I go to jail, and then court. Got 10 year’s aggravated time, had to do 2.5 years flat.
My life was ruined that night. I swear the plan was not to steal any beer, the plan was for Pete to use the damn money he had to buy beer. What made him steal it? I don’t know. But even in the police report I have, he said “I don’t know why I stole it, I had money”. (see police report)
But my life was destroyed that night. I lost everything. I had just started hooking up, getting to know Merry Alice. I was living in Deer Park with my mom. I was just fixing to start my old job back with Mesh Plastics. I had to beg Dan to give me another chance, to show him I would not let him down. After I explained the fight with my step dad and Kari leaving me, he was willing to take a chance on me, and I was to start in a few days. I was just over at Ray’s . After seeing Merry the day before , having one last get together before I had to hopefully start working. I lost my kid, I lost everything. 2.5 years I was in prison. All I did was stay in trouble. I stayed on “close custody “, and that is as low as you can go. That is where nothing but the meanest of the baddest were, so all I did was a lot of fighting . If I would had been able to read and write, I would had taken advantage of the trade schools they offer in prison. So yeah, that is the story of the “big robbery”. Everyone hear “robbery”, and thinks I was actually out robbing stores. That couldn’t be further from the truth. But what made it “aggravated robbery” was the fact that I popped out my blade on that guy. I wouldn’t had done that if he wouldn’t have had that club, or if I knew Pete was stealing that beer. But if I am to be honest, He didn’t raise it at me, or even threaten me with it. I just simply saw it in his hand and thought, let me pull out my blade. That night I lost everything for 2.5 years.
I Get out of prison, and even though Merry is pregnant, I still cared for her, and we hooked up. I was with her most everyday . And then this happened.
I do know I was crazy , and it lasted even well after I came here. I hated everyone, and everything, well in the courts and law enforcement. I stayed in trouble, fight cops in the jail, it’s a wonder they didn’t kill me!
- Did I do it. That black out scared me. But things just didn’t add up. I did wonder if I could had done this, but I didn’t have any blood on me. I didn’t wash my hands off. But yeah, that black out. There have been 3 things that have come back to me about that night, and they would just come out of the blue. Like, I recalled getting some water at the Berry Elementary School . But I didn’t recall that black guy who was loading boxes in that old wooden classroom until a few years ago. It just suddenly came to me.
- Another, is I’m at this bar. I don’t go to bars, but in the memory I am at this Mexican bar at the corner of Hardy Toll Road and Ubanks. I am buying some smokes , and I drop my change everywhere that I was putting into the machine. It just suddenly came to me not long ago. But here is the thing about that, I don’t do bars. I am not a bar kind of person. And I never, I repeat never went to any bar but 2 when was out, and both of those were on FM 1960 area. I know just whom I was with too. But this is at the very street I got shot on. Not but 60 feet from where I laid bleeding to death. I know for a fact , I never went in that bar while I was sober. That much I do know. But I can’t for the life of me recall (going into it). So it had to be when I was blackout drunk. But I recall dropping all my change trying to buy smokes at the cigarette machine.
The other is this guy named James Falcon. “Bubba ”who I knew years before. I hadn’t seen Bubba since months before my daughter was born. But he swears that he saw me. I was already sentenced to death at this time, and my best friend James Jorden writes me from jail. He is in the same cell block/tank as James Falcon. Well Bubba asked James if he could write me , James said yes, so this is when Bubba starts telling me about when he saw me last, and it was after I had gotten out of prison. He was telling me I was pretty drunk, but to this day I just flat out do not recall this memory. But he is sure that he saw me after I got out of prison. Said I told him I just got out. Here is the thing about Bubba. He lived right across the street from the guys that shot me. I mean right across the street. I had a very healthy fear of this area. And for the life of me, I just do not recall being on Eubanks. And this is at the corner of Eubanks and Irvington. And the bar is recall being in is at the other end of the street on Eubanks and Hardy. At least a good 400 yards away. So did I talk to Bubba, and walk down the to the end of Eubanks to that bar??? I recall the bar. But I do not recall talking to Bubba. And if I did, I would had to be pretty drunk to go down that street. And it would had one have been the night of the murder, because I am absolutely certain that I didn’t go to that bar at any other point in time while I was in that neighborhood. And I didn’t talk to Bubba at anytime. He is not someone I would have sought out. I knew him, but we were not friends. I just knew him in passing, like I knew Edward Bangs. But I don’t recall this, even after he swears up and down he saw, and talked to me. I had to have been pretty wasted. I blame it on that damn pill. It was a downer, and downers don’t mix with beer. Anyway, I know I didn’t do it.
- On TV. I did not “wonder aloud” if I would find Parks at “grandmas” house. I never called Mrs. Franklin “grandma” ever! I do recall telling Shirley Gunn I was headed that way, and would stop and talk to (my daughters “grandma”) about talking to Kari about letting me see my kid. (My daughters grandma) , not Lee and Eric’s grandma. Because I was telling Mrs. Gunn, I hadn’t seen my kid in a long time. That is how the conversation came up. But Mrs. Gunn is just simply wrong. She thinks I said Lee and Eric’s grandma, but in reality I meant my daughters. She is just mistaken. I think she heard me say, “grandma “, and just hearing about the murder, she thought I meant, or said their grandma. But here you see I am at her house at 6pm. He same “exact” time Donna Espada witnessed someone taking off that screen. (See police report at pg 2.017 & 2.021. Also see Gunn at 296-7.)
- At the trial. Here you see she is just getting home “just before “ 6pm. And, she “didn’t testify “ My attorney should had called her. (See police have report at pg. 2.017 & 2.0211.)
- Headed that way. I lived at 706 Reid St. So I had to “head that way” to get to Reid St.
- Doors were locked. Here we have Linda McClain telling us that Mrs. Franklin , her mother, assured her the doors were locked. Of course they were. Lee Rose locked them when he left. (See XXVII at 69-70,77,130-1, XXVIII at 280-1.)
- Confronted him. They didn’t confront me, and he never testified. His book brother in law Doyle did, and gave a totally different description. But there is a reason why they didn’t call Truitt. You don’t just pass over your best witness on to someone who gives a different description. Something is very wrong with this picture.
- It that afternoon. Proof that someone entered that bedroom window, which is why that screwdriver they are saying I handled, needs to be tested.