June 2005 Opinion 74,930 (Dissenting Transcript) with Comments

These next two opinions are dissenting opinions. These 4 judges were against me having DNA  testing. These judges are always against people getting any type of relief.



  1. These judges wouldn’t likely even believe I am innocent even if the actual killer came forward. They are that hard hearted. These will say anything to say I am guilty, they ignore evidence. They will write about things that are outside the record. And just flat out refuse to believe cops and DA’s do any wrong. They are all former DA’s and have many friends in law enforcement. So they are not about to take my word over theirs. Even when evidence in the form of blood was detected under the nails of Mrs. Franklin. And you will see how they believe everything the detectives have to say everything except that they ‘observed blood caked underneath Mrs. Franklin’s nail’s’.. .that is the one thing they refuse to believe. Well that and that I gave a false confession. But I am talking about what they believe and don’t believe from the detective. So let’s just put all this to rest and just ask all the friends to take a DNA test. Let’s see if it is one of their blood that was detected. I don’t know what else to say about that.


  1. Here the medical examiner is telling the court that there were no hilt marks found. And you can see the prosecutor ask him a question about the knife size. ‘You’re not saying the knife was 2 inches correct?’, well here is the thing about that. I could be wrong so I would really like to find out. But the knife I had was the smallest ‘old timer’ pocket knife they made. It is sometimes referred to as a ‘pin knife’ well I do not think old timer makes a 3 inch knife. I know they make a 4 inch knife. But I ain’t to sure about a 3 inch one. But regardless, if they do or don’t, the knife blade size is very different. The bigger in size they are made, the bigger in size the blade, longer and wider. I do not know the actual size of the stab wounds. But sill, a 3 inch blade will leave a hilt mark, a 3 ½ inch blade will leave a hilt mark, a 4 in blade will leave a hilt mark, but the bigger the knife the wider the blade. There is no proof that it is a knife as small as two inches, to me this is important. To the courts, not so much.


3. Here is an eye witness to the size of the knife I had.


4. Barbara Wright. This is my daughters grandmother, the one who I told Mrs. Gunn I was going to go and talk to. To talk to her about having her talk to my ex about letting me see my kid. I never said I was going Franklin’s house. She is just mistaken, I believe it is due to hearing about Mrs. Franklin’s murder and I saw her and she heard me say the word grandma. But I was not referring to Mrs.  Franklin . I don’t know what else to say about that, but Mrs. Wright said I was about 7 blocks away…no, it was actually 4. I lived 3 to 4 blocks past Westford on Reid St. I had to pass Westford . No way around it, and Mrs. Wright didn’t know I lived on Reid St. She had no clue where I was heading.


5.  Here Mr. Doyle testified at my trial that he could not identify me. And more important, that  is the fact that he said his brother in -law got out of the car and went and talked to the man. Well that man was not me. Why didn’t they call him, Mr.Truitt to testify? I think he told them after seeing me on the news that I was not the man he talked to. I see no other reason why not to call your best eye witness that actually is supposed to had talked to me? something isn’t right about that. .I would  like to find out why.


  1. Here we have something very interesting, or maybe it is only I who sees this. But read the question ’Q”. Did you see anything on the victim’s body that drew your attention that you asked Mr. Norris to collect?’ ‘A’. Yes sir.’ But what I find most interesting about this, he make no mention about the ‘blood they observed’ under the nails. Why not? Was he told not to mention the blood?. ..I will have to wait until I get the trial transcript before I can be sure about that.


  1. Here is Mr.Chu. Here he said he had determined my blood type. He said he compared it to the evidence and he said ‘ actually from the evidence. It is inconclusive test results, so I cannot do any comparison’. Well he could had. He just choose not to and ignore the request for DNA testing.


  1. All I can say is you need to read this case. I have, and it is mind blowing. The one difference between Mrs. Christopher Ochoa and me? I would never blame someone else for this. I am not blaming anyone. But in this Ochoa case, he gave several different statements. He even took the stand in the suppression hearing to have his statement thrown out and again Admitted to the killing and saying he and Richard Danzigger killed the woman they were accused to murdering. Not only that, as if that     isn’t enough,he takes the stand in Mr. Danzigger’s trial. And as Danzigger  is sitting there. Mr. Ochoa tells The jury that he and Mr. Danzigger murdered that woman. Can you Imagine what must had been going through Mr. Danzigger’s head? He is denying he and Ochoa  killed anyone. But there Ochoa is in the courtroom saying they killed her.

Years later someone who actually killed the woman came forward. And DNA cleared them. But I would bet you this, there are some of those judges who likely think Ochoa and Danzigger  still had something to do with it. My point for bringing this up, like Ochoa, I too was under the impression they could still charge Merry. There is a difference between Ochoa and me. They were actually threatening him, to lock him up on death row. But still the fear factor is still there. With me, it was to lock Merry Alice up, and take away the baby. To me you can see in the wording that I underlined. ‘Despite pleading guilty. After signing a confession he now claims it was coerced ‘. ‘Claims’ being the keyword. It isn’t that he ‘claims’ it was coerced, it is a FACT.

That it was a false confession that was a result of him being coerced. That is a fact. Not a ‘claim’. And the only reason he repeatedly confessed even in a suppression hearing and in Danziggers trial, was due to fear. I too had a fear, and that fear was that they would lock the woman I loved up and take the baby. I still believed they could do that, during the suppression hearing.   And like a dumb fool I was listening to all those ‘jail house’ lawyers. Who made me think I still had to hold up to my end of the bargain. What a stupid fool I was. But yeah, read the Ochoa case. Read all of it. Read how Danzigger was beaten half to death and as a result, has permanent  brain damage. I wonder how Ochoa would be dealing with it if they would had killed Danzigger? Some guy stomped on his head after thinking Danzigger was someone who snitched on him in the world. Case of mistaken identity. But now Danzigger has to have help. If They would  had been sentenced to death? Or if Danzigger would had been sentence to death. ..he would had been dead, because back then, there were no DNA law, no chapter 64. I think senator Robert Duncan would likely… Hopefully feel that I fall under that. Well actually I did. It is due to Ochoa that I was able to get this hearing, even with a confession.


  1. No he did not say those exact words, but his meaning was very clear to me, ‘well Charles, you know we could charge her, and you know she can’t take that baby with her, have child care take the baby, you don’t want that do you?’. ..no, no I didn’t want that. I wanted her and the baby to go home.


  1. Yes my mom told me. That doesn’t mean I killed her. Like a fool I kept playing the role, and this is what may actually kill me if I cannot get those friends tested. I really think they would take the test, it is worth a shot just to ask right? I mean what is there to be scared of if they didn’t kill her? And hell, the DA has already said it could be from ‘innocent contact ‘ right? So even if it is one of theirs, they have a friend in the DA, But not to at least ask and try and test them is not fair in light that they have convinced the judges that it ‘could’ be one of the grandsons friends , so with that alone they should at the very least just ask them.

I mean what if it isn’t any of theirs? What if it is some random crack heads? They were thought to be selling drugs out of the house sometimes. I don’t know about that, but that is what Eric Benges girlfriend Donna said. If anyone would know, I think she would, I don’t know. Personally,  never knew them to. But a lot had changed in the time I was out of that neighborhood.

But here is the argument the state will make…they don’t have to test anyone they don’t want to, and that even if so, I am not entitled to have the city of Houston pay for such testing.

That is why I would love to have a fist full of dollars to tell them I will pay for it. Then what can they say? Oh yes, they can still say no. Just as they did in my bid for DNA testing and this was after my attorneys offered to foot the bill on any and all /testing. And here is the thing. ..I would not care who they got to test them. It could be the HPD crime lab for all I care. I do not care who they  allow to test them as long as they are tested, hell I trust the HPD crime lab enough to allow them to do a simple DNA test. I mean hell, one tiny vial of blood …or even a wad of spit is more than enough DNA to get a result. A wad of spit… That’s all I am asking for. Spit in a plastic cup, we don’t even need blood, just a wad of spit. Then we can see whose DNA it is, if in fact it is one of the friends.

But what if it isn’t? What if it is someone they would never allow in the house? What if it is a stranger? What if?


  1. A strong circumstantial case… .what a false confession? That I was over in the neighborhood? The neighborhood I lived in? I had a knife? The clothing everyone under the sun including myself say I was wearing? Take the confession off the table and there is nothing.

I like how they  say the pocketknife was ‘lost’…that isn’t the only thing I told detective Allen I lost. I told him I lost my knife, comb, lighter, smoke that had my money in it, …so yeah, it is actually ‘lost’ it is most likely  all in the same place, and if I had to guess,, it had to be at that bar where I dropped all my change buying some smokes. The bar I still to this day do not recall walking into but I was there. Or it could still be to this very day right under the Hardy Toll road. I don’t know, but yes I did lose it. I did have it . But I lost it. Hell I thought I had lost my wallet as well but Merry Alice had that.

How they can keep overlooking the fact that I had no blood on my clothing. And there should had been. That is just something I will never understand.

How they can grant me DNA testing on facts,  and then turn around and deny me when the evidence comes back I didn’t do it. On those same facts, they just refuse to believe me. It is their job not to believe me, but man, how do they explain the blood, or the lack of blood on me? Or on me on her? Impossible.

I could really care less about testing any evidence other than the friends. If they are going to say it could be one of the grandsons friends blood. Then there is the source right? Let’s not BS around and go right to the friends. A small wad of spit is all they would need, Mrs. Franklin had zero contact with anyone other than lee Rose and Eric Benge.  Linda McClain and lee Rose both know this to be the truth. No one and I mean no one touched Mrs. Franklin. That was lee and Eric’s job Period. That is the truth. They keep harping that she allowed this crazy stuff to take place in her home, well no she didn’t, she just didn’t know. They keep harping on that she had contact with others, no she did not, absolutely not.