False Confession


Now I would like to talk about the false confession I gave to detective Sgt. Waymon Allen. It is full of things that are just flat out impossible, I was just making anything up, anything I thought he wanted to hear.

So I ask that you bear with me when reading it, as I said I ain’t the best writer there is, and I  will get a little repetitive in some of the way I explain things.

The part where I said I went to a old friend named Larry’s house off of Irvington is not true, it would be impossible for me to had gone to Larry’s and visiting with him for a few minutes. And here is why my daughter’s uncle Blaine Earl Wright and his mother Barbara Wright saw me walking toward them on a side street called Caperton St. Right next to the flower shop where they were just leaving from. They were buying flowers for Cynthia my daughters aunt who was in the hospital. They were actually just getting back into the car as I was walking toward them. Heading towards Irvington Blvd. If I would have gone to Larry’s house as I said in my statement, then they would had saw me walking toward them with me coming down Irvington, headed toward Crosstimbers. As Larry lived one street over from Caperton. On Irvington Blvd. and Mc. Daniel St. there is no way I would had bumped into them a second time, remember the first was at their house as they were getting into the car when I talked to Barbara. By the time they drove to the flower shop on Irvington and Caperton, I had walk by them as they were leaving the flower store.

This may seem like a small detail but it isn’t, there is just no way I went to Larry’s house that day. I do not know Larry’s last name. But Lee Rose knows where he lived, and Linda McClain might know as well. I do know it is on McDaniel St.

However I did go to Larry’s house 3 weeks prior, but that was with Lee Rose and it was the first time Lee had seen me in over 3 years. Unknown to me, Lee wasn’t allowed to go to Larry’s house for some reason, I don’t know why but when I asked him to go in with me, he said he couldn’t and waited on the street while I talked to Larry.

So if I would had went to Larry’s house the day of the murder, that would mean I went to his house and visited with him twice since the time I was out of prison. And that is impossible; I went to Larry’s house once. And that was with Lee Rose. I did not see or talk to Larry the day of the murder.

From there Lee and I went to Barbara’s house and again, he told me he couldn’t go up there, something must had happened within the 3 years I was out of that neighborhood to cause him to be barred from those two houses. I have no clue what it is or could had been. He never told me the reason why.

Next I said walked over to Melody’s house on Post Street and talked with her mother. Again this is not true. Although I did go to Melody’s mom’s house, again, it was with Lee and John Phillips, I recall asking Lee if Melody still lived there, he said yes, so I went on up and   talked to her Mom and Dad, I remember her two kids were there, as I was talking to her Mom. She told me that Melody was living on the other side of Hardy toll Rd. with some black guy. And asked me to go talk to her. I said sure I would go see her, but I had no intention of telling her anything about who she could and couldn’t be with, she is a grown woman, I always liked Melody.

But I told her I didn’t know where she lived. She was trying to explain it to me and that was when Lee, who was standing on the street came up and I asked him did he know where she lived? He said yes so I told her Mom and Dad I would go see her. I don’t know Melody’s last name or her Mom’s and Dad’s names.

From there Lee, John and I walk over to where she is living on the other side of the Hardy Toll Rd, Lee goes up to the house talks to Melody but she didn’t want to come out and talk. So from there we left. So once again, if I would had went to Melody’s Mom’s house as I said I did. Just as with Larry, that would had been twice that I went and spoke to Melody’s mom. But it is not true, I only spoke to Melody’s Mom once and that was 3 weeks prior to the murder of Mrs. Franklin. My hope is she recalls this.

Next I said I walked over to a friend named Pookies house, Pookie is actually Shawn Wright, my daughter’s uncle. I told detective Allen that I went to see him, but he had moved. This is also false, I did not go see Pookie, and he had not moved. I’m sure Lee could vouch for this, he could vouch for all of this if he is honest about it.

I did however go and see Pookie, yet once again it was with Lee, I didn’t even know where Pookie lived, so Lee took me to some street behind Crosstimbers to where Pookie lived with his girlfriend. Again this was 3 weeks prior to the murder of Mrs. Franklin. That was the first time I saw Pookie over 4 years. And all in the same day I spoke to Larry, Melodies Mom and Dad.

Next I said in my statement that I just walked up to Mrs. Franklyn’s house and walked right in the door. This is impossible, I cannot walk through a locked door. Everyone is in agreement the door was locked. (See Eric’s statement to police at transcript at XXVII at 69-70. Also see Linda Mc. Clain statement 1.003 and transcript at XXXVIII at 280-1, see photo of door, which had not one but two bolt locks on it).

So the door was locked and the police had conclusively determined that someone went in trough the south east bedroom by take the screwdriver that was found on the window ledge and using it to pry open that window screen (Trial transcript XXXVII at 89-92, XXVIII at 189, XXVII at 90). And that is why I want that screwdriver tested before it too comes up ‘missing’ as other important evidence had that could also clear me. If I used that screwdriver as they say I did, then my DNA will to this day be all over it. That’s a fact. Anyone who knows forensic will say it is so. Test screwdriver and the bag it is in. (see photo of screwdriver)

My statement also says I remember struggling with her and was on top of her. If this is the case then my DNA should be the one which was found underneath her finger nails. It was not, yet an unknown males DNA was found. It is neither mine nor the grandsons, and it is DNA from blood, I cannot stress that enough, it is from actual blood. She scratched someone. And it was not me. Scratched them good enough to cause them to bleed. This is now the blood found under her fingernails (See police report at 1.011, 2.013)

My statement also said I went out the back door, I only said this after Sgt. Allen mentioned to me that the back door was open: “Are you sure you didn’t go out the back door?” I told him: “I guess I went out the back door then”.

But let’s think about this for a moment. If is a fact that someone entered the south east bed room window, there is no disputing that at all. There were signs of forced entry and tool makers from a tool used to pry open that window. And footprints on the ground as well as fresh wood chip. (XXVII 89-92, XXXVIII 189, XXVII 90)(see photo of window).

So how is it I said I went out the back door when the front door and front screen door are both found to be wide up upon Eric’s arrival home that night? (See Eric’s statement to police at police report 1.004 ‘Eric noted that the Front door(s) were wide open and the porch light was off. That the porch light being off as not normal’ (Also see 1.001)). (Also see Eric’s testimony at Trial, page 70).

I bring this to your attention because this is not normal for light to be off and it makes absolutely no sense. How can I say I went out the back door, when according to Eric the back door wasn’t’ standing open, but rather just ‘unlocked’, when it is clear that someone went out the front door. At least it is to me. I am no detective, but shouldn’t they had testing the door knob for prints? I know they said the house was messy…but a door knob that is used everyday would be dust free.  Seems to me someone entered the window and before exiting the front door turned out the light as not to be seen.

The statement also states I was approached by a man who said he better not catch me in the yard, someone who was supposed to had actually spoken to me. But yet they never called this man to testify nor did he identify me in any line ups or photo line ups. I think they realized this man was either lying or something. But I did tell the detective I was approached by this man but only after he told me about this guy saying he talked to me. Someone whom I have never met before in my life. So I said yeah, the man said something to me. But why didn’t they call him to testify? Why did they have his brother in law testify and his brother in law said it wasn’t me, and gave a totally different description than that of me.

Also in my statement it says I had blood on my hands. There are a number of things about this that should prove this is false as well.

  1. If I would have had blood on my hands, why wasn’t there any on any of the doors I said I went through?
  2. If I had blood all over my hands, not just hand, but hand(s) why wasn’t any of it on any of my clothing they tested and retested? That right there should be an indicator that what I said is flat out impossible. Blood would be on my clothing. No way around that.
  3. My statement says I was on top of her and saw she was covered in blood. And yes, from the photos I have seen, there was blood everywhere, all on the front of Mrs. Franklin, her sides, her hands, everywhere, yet not one drop of all that blood made it onto any of my clothing. That is impossible. There is no way I could not had walked away from her or that house without taking some of it with me on my clothing or leaving some of me behind. No way.

Even the TCCA brought up the ‘lack’ of blood on any of the items they are saying I touch. Nor the door they say I exited.

You would think if my hands were covered in Mrs. Franklin’s blood that when I went through her purse like they are saying I did, there would be

  1. Blood on the purse
  2. Blood on the things they said I touched. Yet there is nothing.
  3. Blood on the door I said exited. Yet there was none.

If memory serves me correct, the backdoor had to be locked with a key, why didn’t they bag that as evidence and test it? I am a 100% sure that that the back door had to be locked with a key. I don’t have a photo of it yet, will work on getting it. I know it was one of those dead bolts that you had to lock with a key from both sides. Just one more thing that is my fault they didn’t collect.

The TCCA made note of this and yet they still even after noting this, they deny me. There is no evidence that connects me to this murder.

The TCCA even in my DNA opinion stated that the across the street neighbor saw a white male taking off the south east bedroom window. But what they failed to note was the time and Shirley Gunn’s testimony and or the distance from Mrs. Franklyn’s house on 617 Westford St. to Mrs. Gunn’s house on 9146 Simmons St. which is at least 3 miles and that I was at Mrs. Gunn’s house the very instant Mrs. Espades saw someone taking off that window screen (See map from Gunn’s house to Mrs. Franklin’s house which is almost 4 miles away.)(Also see photo of front of the house which would be the very view Mrs. Espades had).

I refuse to believe that that isn’t the killer! It looked to Mrs. Espades that someone was taking the screen off…and let’s not forget a screen that Eric Benge testified that he nailed down that very day. (See Eric’s trial testimony at page 90 at 21-24, 91 at 1-25, 92 at 1-12, 105 at 25, 106 at 1-16)

And it is a fact that someone preyed opened that screen and entered the house. This isn’t ‘guess’ work by veteran detectives, this is good old fashion feet on the ground, and eyes wide open looking for clues detective work. All throughout the police report they say ‘signs of forced entry’. (See XXVII 89-92, XXVIII 189, XXVII 90)

Again this is why I am requesting they test the screwdriver. I would not be asking for this if I am the one who used that screwdriver to pry open the screen that Eric nailed down that very day. I would just instead go with what district attorney Lynn Hardaway told the TCCA, ‘everything that could be tested was tested.’ Well no it wasn’t. So I really want it tested, I know it will just be one more item that my DNA a is not on.

Another thing, in the police report Eric said I came over there about a week prior looking for a place to stay. ( police report 1.002) This makes no sense at all to me, I had a place to stay, rent free, all I had to do was clean up after myself and take care of the yard…a really small yard at that. 

I moved over to 706 Reid St. to be closer to my chick Merry Alice who lived about a mile away. Why would I want to ask them if I could stay with them? That makes no sense, I wasn’t getting kicked out, and I had a place to stay. So I have no earthly idea why they would say this, they must have me confused With Edward Benge or one of their other crack head friends. Because it sure was not me. I didn’t move over to that neighborhood to be with my old friends, I was at Merry’s house 95% of the time, I even stayed many nights there with her. Her mom and brother and sister could verify this, I damn near lived there with her. Why in the world would I want to stay there with Lee and Eric? I hadn’t seen either of them in 4 years! You don’t pop up after 4 years and ask for a place to stay. Furthermore, Mrs. Franklin spoke to her daughter Linda McClain every night. Mrs. Franklyn never told Linda I came to her house looking for a place to stay, because that is not true. Even Lee never made any mention of this and it was HE I came to visit that day. Nor did Mrs. Franklin tell her daughter about the ‘bottle’ incident, because it never happened. Surely Mrs. Franklin would had spoke to Linda about BOTH these incidents. And I know Linda, NOBODY would disrespect her mother like that without her going to Lee and telling Lee to take her to me. Linda would had bit right into my ass if her mother told her I threw a bottle at her or smashed it on her property. Linda was a peaceful kind of chick, but you didn’t want to piss her off, and disrespecting her mother would had pissed her off. Not only that she would had bit Lee’s head off as well.

I could had stayed with Merry if I wanted to, I could had stayed with my Mom and Grandmother, my aunt Charlotte and I did in fact stay at the house on 706 Reid Street. Lee and Eric stated to the police I lived at 706 Reid street (See report at 1024 ‘we learned from Lee Rose and Eric Benge that Raby might be at a step fathers house at 706 Ried st.) I know that part really isn’t important, but it bothers the hell out of me why would they say that.

Something else that really troubles me to no end is the fact that Lee would say I smashed a beer bottle on his grandmother’s porch when she told me to leave. That is not the way it went down. I recall that day with crystal clarity. I had just moved back to that neighborhood about three weeks prior to the murder of Mrs. Franklin, I spend most of my time at Merry Alice’s house on E.26th St. off of Airline Dr. One day I wasn’t doing anything and had a few beers, I got bored and decided to go see if some of the old guys still lived around there, again I hadn’t been in the neighborhood in over 3.5 years. So as I am walking down Helmers, the first person I bump into was John Phillips. We went to the corner store and bought a few beers. As we are walking back down Helmers here comes Lee Rose. As we approach Lee, John said: “Man, look who I found”. I had been gone so long that Lee didn’t even recognize me, but once he did it was as if I hadn’t been gone at all, I got along best with Lee out of everyone other than my best friend James. Jorden. I was even going to name my daughter after him and call her Amber Rose Raby instead settled on my aunts name Louise. Well, we go back to the store buy some more beer and then back to Lees’ place. As we are there I need to use the restroom. We go inside and Lee tells me Eric is in there but he’s sleeping. I started walking towards Eric’s’ old room but Lee told me: “No he lives in the front bedroom now.” So I go in and wake him. After that Lee, John and I are sitting on the porch drinking, all of a sudden Mrs. Franklin is at the door with Eric behind her, helping her. She calls Lee over to the door and he bends down to talk to her. Lee is really tall, standing over 6’4 “. So after they talk he tells me: “Come on man, let’s split.”

So we are walking out of the drive, this red truck pulls up and out gets Edward Bangs. I speak to him for a bit told him I had just gotten out of prison. We shake hands and Lee and I start walking down the street. We are about 20 foot from his driveway and I ask him does he want a drink of the deer I had, he said no. I then tilt the bottle up and down the rest of it and then I toss the bottle up in the air as high as I can and it comes down and smashes right on the street. We just keep walking, that is when we go to Melody’s mom, then Larry’s, then Pookies and then to Barbara’s house. That is how the whole bottle incident played out. I did not throw it at Mrs. Franklin, I did not smash it on her porch in anger. I don’t know why Lee would say this other than he is angry and hates me now.

First off, I hadn’t seen any of these guys in 4 years. I am pretty much a stranger to them again. Second, Lee, Eric and John are not cowards. If I would has disrespected that lady like that, they would had went ape crazy on me and told me to leave and not come back. And if I would had talked shit to them, they would had likely kicked my ass. There is no way Lee or John would had left with me if I would had done that,

You don’t just show up at someone’s house after years and disrespect someone frail grandmother who needed help just getting out of bed to use the bathroom.

Lee would have told me to leave and not come back and he sure wouldn’t have gone with me to make sure I left. And then there is Edward Bangs that is a total of 4 grown men who would have gotten dead on my ass for doing something like that.

It has always bothered me that Lee would say I broke this bottle out of anger and smashed it on her porch. He knows that never happened. I do understand his anger, but I do wish he would set the record right regarding that. If he would just think about it, he will picture us walking towards Helmers and me lobbing that beer bottle in the air and it smashing on the street. You don’t just disrespect someone grandmother like that, and more so someone you hadn’t seen in 4 years. Again, Mrs. Franklin never made any mention to her daughter about this whom she spoke with every day. Because it just did not happen. That would be something that I am sure Mrs. Franklin would had told her daughter.

I do wish I could have someone investigate my statement more. They would see that I didn’t go to these places as I said I did and that Pookie didn’t move, Lee knows Pookie didn’t move as does everyone that knew where he lived. I was just making things up as I went along anything to get Merry and the baby out of there as quickly as I could. I refused to tell detective Allen I ‘stabbed’ Mrs. Franklin, he asked me that a few times and I just flat out would not admit that, I did not stab her, I can honestly say this, throughout that whole short interview, and he not once mentioned that window to me. Maybe he saw he wasn’t getting anymore out of me, or he had all he needed when I said: ‘The next day I knew I had killed Mrs. Franklin‘.

I think I would have known if I killed her before I left the house if I had truly killed her. I have read the report, I have seen the photos, and there is no mistaken death.

I cannot stress enough how much I feel that the screwdriver needs to be tested if they are going to insist I used that very tool to pry open the screen that Eric Benge had nailed down that very day as a means to enter the house. It needs to be tested.

If Mrs. Hardaway can get the courts to deny me based on sheer speculation then I strongly feel they should test all the grandson’s friends to put that theory to test. I feel I have demonstrated I deserve nothing less.

But I will bet my last penny, when it comes time for me to request these things tested, wait and see, district attorney Lynn Hardaway will fight me tooth and nail not to be allow or grant me these test. Mark my words on that. She has fought me every step of the way thus far. But you know something, when she wanted to retest some evidence with new testing, because she just knew she would find same trace evidence on my clothing from Mrs. Franklin,

I did not oppose her at all, I wanted her to test it. I wanted to show it will come back as it did when test were first conducted, nothing, nothing at all, and as I said, this was a bloody crime scene, there was blood everywhere, blood flew 3-4 foot and splattered on the wall and couch. Mrs. Franklyn was covered in it, so there is no way I would not had gotten some of that on me. Just no way possible.

I feel I deserve to have these test preformed and a new trial at the very least. I think my jury should had been allowed to hear all this evidence they didn’t get the chance to hear and have a new jury hear everything. No tricks, no withholding of evidence, and allow them to hear everything. I would also love to hear from my jury that if everything I am saying is true, and believe me, I can back it up with facts, papers work, do they feel I got a fair shake? Do they feel the DA played dirty? Do they think they should have been allowed to hear everything and not be lied to? I would hope they say yes to all of those questions, and contact my attorneys. I would like it if anyone with information to anything I have said come forward and set the record straight.

I am not asking for anything they wouldn’t want if they were me. They would demand these test. I know they would any sane reasonably thinking person would unless they were guilty. But as I have said, Lynn Hardaway will do whatever she can to block me from any of these tests. The proof is in testing the screwdriver and friends. Before they rush off to kill me, shouldn’t we be absolutely 100% sure? Leave nothing to chance. I would beg Linda McClain if I could to have those tests done. If there is anyone they may listen to it, it would be her and Lee. Linda nor Lee or Eric ever knew at about them using my girlfriend and the baby against me, nor my jury.

I wish Lee would do the right thing and provide me, my attorneys or even the district attorney’s office with full names and last known addresses. I would ask Linda to talk to Lee about doing this. I know they hate me. They believe I did it. Maybe everything I am saying will show them I couldn’t have done it.

You know something, I know when I was a young teenager I was pretty wild, I had no structure. Nobody could tell me anything, I was a young alcoholic. Everyday I would drink if I could and I could pretty much every day. I have done some drugs but hard drugs were never really my thing, I was more of a drinker and a pot smoker. Looking back on my life and the way I was back then, I get pretty disgusted with myself. I have hurt people that loved me, physical and emotionally, I wasn’t an angel but I know in my heart I am no murderer. I have let those that loved me and needed me most down, I wasn’t there for my family and loved ones, so yes, I don’t need a stranger or anyone telling me that I used to be a sorry excuse of a human being.

I am not making any excuses for my past actions, but I was a child back then. A wild out of control teenager who ran the streets drinking his days away. It is a wonder I wasn’t killed, it isn’t like someone didn’t try to do just that. But even then, you would think getting shot and almost dying and having a foot and half long scar down my stomach were the doctors had to go in and repair me to save my life would re awake up call. It wasn’t. As soon as I was better, actually the day I got out of the hospital, I was drinking again. It didn’t slow me down not one beat. It actually seemed as if my drinking got worse. And when I couldn’t drink I would get pretty mean.

I hurt those that loved me, I am ashamed of the way I have treated people in my life that loved me and only wanted to love me. I kept pushing everyone away, more so when they would tell me I shouldn’t be drinking or smoking, or I needed to go back to school. I just flat out did not like it when anyone told me what I had to do or what they thought was right for me. And it would cause to ignore them, steer clear of them, or be mean and hurtful to them. I started drinking at the age of 11 years old, right around the time my mom left my step dad Bob… It was as if someone took the chains off of me and then I found the street life. At 11 years old I was running around with guys 18 – 20 years old, drinking, smoking, stealing, staying out and gone for days at a time. I started pretty young messing up my life. I see now what a fool I was. I see now all the pain I have caused my family and friends, and myself.

I think with my drinking, it just numbed me, allowed me to stop feeling. I had a lot of pain and anger in me. So drinking was a way to numb it. I see now that if I didn’t do anything but cause more pain and anger.

I do like the person I am today, although, I still have some of my ways. I don’t think I could ever just turn the other cheek, but I don’t carry a lot of rage in me anymore. I hated that I couldn’t read and write. I think if I could had been able to do that, I do like to think that I would had enjoyed school more and went. But I don’t know. I just know I am not the same wild out of control dumbass teenager I was back then. I think before I react now. I still have my faults I have good days and bad days, I ain’t perfect. But I do strive to better myself every day. I want to be a better person. I have learned from my mistakes.

I want to thank everyone that has helps me get this website off the ground, I know it ain’t easy. So I thank you with a heartfelt thank you. Yakoke!

If anyone would like to write, that is fine.

Sincerely,

Charles Douglas Raby