TRIAIL TRANSCRIPT – COMMENTS
Harris County case # 9407130
Note. All this is in response to my trial transcript. I just got it may 8, 2016. Some of this stuff, there are things I just flat out do not recall happening. Just goes to show memory isn’t as perfect as we think it is. I have touched on a lot of the things you will read about in many of my other writings. I have written all of that prior to having the trail transcript. Anyway, I will do some interjecting to add in my response of feelings about something. So again, just bear with me. I’m not the best writer.
- page 3. June 6,1994, the court opens and right off the top they talk about my co chair and the amount of pain he was in. He told everyone he was in lots of pain, but when my attorneys brought this up on appeal he denies it.
- Page 4. Here the judge denies our request for reset.
- Page 9. Not guilty. You will see my attorney goes from not guilty to something totally different at the end.
- Page 10. This is true, yet also false, it is true they did in fact allow me to stay there a few times, but that was years prior to the murder of Mrs. Franklin .
But it is being uses to mislead the jury, and the seed is planted to grow into the impression that they let me stay there up until the day of the murder. Which is false. I was in their home once in 4 years. I have written all about this in my other writings, but I moved out of that neighborhood in 1988 shortly after the birth of my child.
- Page 10. There were no signs of rape. I am not a pervert! I refuse to believe that as brutal as this murder was, there wouldn’t be some type of trauma to Mrs. Franklin in that area. Yet there was none. I’m no doctor, but even this makes no sense to me. This wasn’t love making or anything like that, this was a brutal act. I think there would be trauma. But I am no doctor.
- Page 11. Yes there is and there was DNA (see Chapter 64 hearing and Opinions) and affidavit of Paul Brown and affidavit of Paul B.Radelat M.D at 11.
- Page 12. He said the position of the body is consistent with and an attempt of the act of rape. This is false, it is false because Eric Benge found his grandmother on her side, and he rolled her onto her back to try and do CPR on her. That is how she was moved into that position, she was not actually found on her back with her legs open. (see Eric’s testimony)
- Page 12. Eduardo Bellas tells how a 2 inch blade can inflect a 4 inch stab wound without leaving a hilt mark. Mrs. Franklin had a medical condition that caused her to bruise very easily. So there should be hilt marks. I think Dr. Bellas is wrong on this, or just trying to help the state obtain a conviction. The body tells a story even after death, and no hilt marks tells me my little 2 inch blade didn’t cause those 4 inch wounds. ( see affidavit of Paul B.Radelat M.D at 16)
- Page 25. Here he is speaking of how frail Mrs. Franklin was, skin ages just as bones do, the older we get the more easily we bruise. Time ages the body we bruise more easily than a teenager or younger person, that is just the way it is. And if she is being stabbed with enough force for a 2 inch knife to cause 3 and 4 inch stab wounds. There will be a hilt mark. I see no way around that. But I am not a expert.
- Page 25. With such force to puncture the heart… There would be hilt marks. I’m sorry but I say the good doctor is wrong. I say it is impossible.
- Page 28. Man, this is some sad reading about Mrs. Franklin. I feel for Linda and Lee, I truly do, I hate knowing that they may read this, I realize there is a lot they may not know. And for causing them any pain I am sorry, but I need the truth to be out there, I am tired of not being heard. I didn’t murder Mrs. Franklin. Some facts have to be brought out. As i said i just received this transcript in May 2015. I have never read it before, so a lot of this is new to me.
- Page 30. I wonder if I could get a recording of this?
- Page 34. Here he talks of the knife wounds.
- Page 34. Okay I get that there could be an off chance that a 4 inch wound from a 2 inch blade may not leave a hilt mark. But, 4 in a row? Four 4 inch stab wounds, and not one has left a hilt mark! I say that is impossible. My little pin knife didn’t inflict those 4 inch stab wounds.
- Page 36. Here he describes the way a knife can cause a hilt mark, say’s it is a ‘clue’ if there is no hilt mark, then it wasn’t made by my knife. I just flat out refuse to believe this.
- Page 38. I find this hard to believe. I do believe rapes can happen without leaving trauma. But not in this case, this was a brutal murder. I believe they would be able to tell. I’m not a Dr. and I am not trying to play as one, but if it doesn’t make sense it isn’t true. And this just doesn’t make sense to me.
- Page 38. So it was Bellas who did the fingernail scrapings. I would like to ask him how he does them.
- Page 39. Well here is a perfect example about memory. I close my eye and try as I may, I just do not see him there that day. I see Joseph Chu and some female. But he is saying he was there. I just do not recall this at all.
- Page 40. And here is where the courts fault me for his actions. For him doing his job. I think he followed protocol by placing all the nails from the same hand into one container. But the courts are now saying that since he did this, they don’t know if the DNA detected came from the top of the nail or bottom. So if he was in fact following protocol I am the one who suffers.
But if he was supposed to put each finger nail into its own container, I am the one who still has to suffer for his failure to follow protocol. I wonder what protocol was then? Hell I wonder what it is today? But regardless, he actions are held against me. They fault me. Need to find out what protocol was .
- Page 43. (15) forceful stab wounds and not one hilt mark. I refuse to believe my little 2 inch blade could do that without leaving a hilt hark, at least one! But there isn’t, not even one.
- Page 65. Man, try as I might, I just don’t see this man in my memory pulling my hairs or having me pull them. I pulled them, but I don’t recall him being there.
- Page 65. Eric Benge is one year older than me. I met him when I was 15, so he would had been 16, not 18.
23 page 66, This is true, but very misleading. It is true that I went in a window in the ‘back bedroom’ which was Eric’s old room. But it is untrue to say I went in that front bed room window. I never did in my life.
And when I did go into that back bedroom window it was always with Eric there and 4 years prior to the murder.
The day I first saw John Phillips, Lee Rose and Eric Benge and Edward Bangs, as well as Mrs. Franklin, I hadn’t seen any of them in 3 ½ -4 years, and that was the very day Mrs. Franklin told Lee she didn’t want me there, before that I hadn’t been in her home in 4 years.
- Page 68. This is a lie, why he would say that he wasn’t there is beyond me. Lee Rose, John Phillips and Edward Bangs all know he was there. He was asleep and I woke him up. He was standing right behind his grandmother as she was talking to Lee. But he was in fact there. Lee says Eric was there as well.
- 25. Page 68. He was there period. Lee Rose, John Phillips, Edward Bangs all say he was there.
- Page 70. Here again they speak of the front door always being locked. I never knew them to not lock that door. It was force of habit with them. I cannot just walk into a locked door as I said I did in my statement. (See photo of front door) There are 2 dead bolt locks.
- Page 70. Front doors were wide open, light off. If someone went in the window, and someone did, then they exited the front door. I can see no reason why the front doors would be standing wide open with the lights out. I don’t understand that one. But my statement says I went out the back door. So why are the front doors wide open and the front porch light off when it is normally on? That is something that should had been a clue as to which door someone left from, and not the back door as I said in my false statement.
- Page 70. I had been gone so long I didn’t even know they had 3 new dogs. I knew they had a lab/pit bull mix. But none of them dogs knew me.
- Page 77. More proof she personally locked the doors. The doors were always locked. (see photo of front door)
- Page 79. I am willing to bet nobody other than Lee Roe and Eric Benge did this for her. Nobody was allowed in her room. It was her private room.
- Page 79. Here again only Lee Rose and Eric Benge helped her with these things no others, as the district attorney has suggested to the courts. Making them believe she had regular contact with Lee and Eric’s friends. Just flat out not true. No body but Lee and Eric had any physical contact with her. Lee knows this to be true. Hell, all we have to do is ask the friends. They didn’t have any contact with her, nothing physical anyway.
- Page 82. Here Eric Benge admits she was on her side when he found her on the floor. (now see Dr. Bellas testimony, where he talks of signs of sexual assault page 12 at 1 – 5 position of body. Dr. Bellas is referring to her being on her back with her legs spread eagle or slightly open. Again this was due to Eric. He moved her. But they seem to forget this. So they make it seem as if I was sexually assaulting her. I am not a pervert. I would not attack an old helpless man or woman.
- Page 82. Here again Eric said he rolled her over so it is clear that Dr. Bellas is very wrong. The ‘sign’ observed were things due to Eric. False signs but to this day, the district attorney will sneak it in that she was found like this knowing very well she wasn’t. They do this to inflame the minds of the jury and courts. And it works.
- Page 85. He repeats he rolled her over he also speaks of all that blood yet none of it not one micro droplet was detected on any of my clothing.
- Page 83. He never makes any mention of calling his girlfriend. Nor in the police report. But more importantly, Lee Rose not once makes any mention to Eric calling Donna first, as Eric admitted to in the Houston press article, True confessions. (See article). The only reason he admits to the phone call the Mr. Giglio was because Mr. Giglio, brought it up. To me it stands to reason, he made this call before Lee Rose and John Phillips showed up. Because Lee never said anything about Eric calling his girlfriend. I would think Lee would remember this, but why didn’t Eric mention it? Or Lee for that matter. I need to find out if Eric’s girlfriend recalls if Lee was there. And here is something else. I don’t know Eric’s girlfriend, or she me. He met her while I was out of that neighborhood. They had many new friends I didn’t know.
- Page 83. Due to all that blood, he said he was covered in it,” but once again , nothing on me. Impossible. This was a very bloody crime. (I have yet to see in any of his testimony where he admits to calling his girlfriend before he called the emt’s. Or police. Did the DA know of this phone call? Need to find out, need to find out if she recalls Lee being there or did he call her first and then when Lee and John Philips show up then, call her, or the police. There is no mention of this in the police report, or in Lee’s testimony. Something is not right about this.
38 Page 87. No, it was in 1987, Kari was pregnant we moved out of the neighborhood in 1987 to new Ulm Texas, to live with my dad and his wife Wanda and my two half sisters and half brother. I know this to be fact because I turned 18 in new Ulm TX. I moved to New Uml TX shortly after the death of Mr. Franklin. So it was in 1987.
- Page 91. Here he said he nailed the window screen down, this is very important for many reasons. A.Because I never went into that window in my life. B. Because the screwdriver was found on the window ledge that was used to pry the screen open and off. And needs to be tested. C. The across the street neighbor Donna Espada in the police report saw a white male at that very window who was taking the screen off, and D. That white male is not me because I am 3 miles away at Mrs. GUNNS home at 6:pm on the dot. (See photos of window and donna Espadas statement in police and Gunns trial testimony. Donna Espadas at Pg 2.017 & 2.021/5.6 at Pg 1.021 & at xxvii 296-7.)
- Page 99. No, because remember, he didn’t find her on her back, he found her on her side. So no they do not accurately depict the way he found things. Furthermore, photos of the things on her bed is not how he said he found things. He said he placed those things there himself because he said they were on the floor. So no, they aren’t accurate depictions of the way he found things.
- Page 102. This is just too cold to say. It is important to the manner in which the body was found. But Eric just got done telling him he found the Body on its side. Yet he still is wanting to introduce them as if it is a fact she was found on her back with her legs open. No she was not! Eric placed her in that position when he rolled her_over to do CPR. He said so in his own words. But you can see the district attorney is still trying to argue she was sexually assaulted. She was not and she was not found spread eagle. Hell, I really don’t even know what I am even here for, my jury was told they had to rely on the record when they sent the judge a note asking him if they Had to all agree on the same charge. So what is it they actually found me guilty of?
- Page 103. Position of her legs which were spread eagle ‘slightly’, but this is not how Mrs. Franklin was actually found. Eric said he found her on her side. So why do they keep mentioning this? Why didn’t my attorney object? And why is it the state keeps saying this although out their briefs as if it is a fact that she was found like that, when they can clearly see that from Eric’s testimony, that she wasn’t, she was found like that due to him rolling her onto her back to attempt CPR. All that photo does is inflame the minds of the jury of sexual assault.
- Page 104. And here my trail judge allowed them in anyway knowing damn well she wasn’t found in that position. This is a classic example at how the courts are prosecution friendly and will just allow things into evidence they know not to be true. I mean hell, the judge heard this testimony where Eric is saying he rolled her onto her back to attempt CPR. Yet the prosecution gets his way and the judge allows them in as evidence.
- Page 109. Man, I just do not recall this part at all. But I am glad to see they cleared it up. However it doesn’t erase the fact that the photos were allowed into evidence and it is still to this day mentioned in the states briefs. For the life of me I just do not recall seeing Eric get on the floor doing this. Just shows memory isn’t the best.
- Page 117. Well actually this is not true because 4 years prior, she got around petty good from what I saw, driving to and from work, she works at a bank. All the way up until 1988…or late 1987. The day she told Lee to tell me to leave, I didn’t know she was in poor health. I never saw her walk around. So she must had shown up at the door with the help of Eric, who was standing right behind her. So no, I did not know she was in failing health. I knew Mrs. Franklin was old, but not that she needed help getting around. But one thing I am certain about it is as Eric said in his testimony they, meaning he and Lee helped her, not any of their friends. I refuse to believe that they would allow anyone to bath or help her use the bathroom.
- Page 123. I didn’t know and that is because I hadn’t been in her home in 4 years. I left in 1988 shortly after my child was born.
- Page 123. The police made no mention of seeing any drugs at all. I would think if they would had, it would be in entered in the report but it is not.
- Page 123. Here we see she locked the doors herself.
- Page 132. Yes he did, so did Eric, but we are talking 4 years prior to the murder. 4 years. 4 years I hadn’t been in that ladies house.
- page 152. I want this thing tested. If Eric didn’t place it there someone did and that someone isn’t me! But note, Eric never made mention of calling his girlfriend at the time. (see Giglio article where Mr Giglio questioned Eric and Eric said, ‘like a dumbass I called Donna first’. I would like to ask her if she recalls Lee being there when he called her. Because Lee Rose also never makes mention of Eric calling her, even in the Giglio article he didn’t say this, only that they called the police together.) So yeah I would like to ask her if she recalls Lee being there.)
- page 160. It wasn’t a couple of “months” it was years. Since 1988! I moved out of that neighborhood within a couple of weeks, I would say a week and a half before my mom showed up and called me out to the car, by honking her horn and telling me: ‘go get my granddaughter and lets go. I told her Kari is coming to, and she said go get Amber’ so off to Deer Park TX we moved. And that was in 1988. I had a job there working for Mesh Plastics and had my own apartment I shared with my ex, Kari and my daughter. From there I went to jail for beating my step dad up and that was in 1989. I received one year county time and had to do 6 months flat. Got out in 1990 January of 1990. Was out a few months, and then got caught up in that stupid aggravated robbery case that landed me 10 years aggravated and had to do 2 1/2 years, released 8/10/92. So yeah, it was a long time since I had been there and the prosecutor knew this, he had my whole file before him.
- Page 160. It was once! And it was the day his grandmother told him she didn’t want me there. She never personally told me anything. I was only over there one time.
- Page 160. This is not true. It was at his invitation. Because the first time I saw Lee was the first time in 3.5 years. And the first person I saw that day was John Phillips. And as John and I are walking back to John’s house, Lee Rose is walking towards us. And we all walked back to the store. Then we went to Lee’s, or rather Mrs. Franklin’s. I didn’t just show up at his house. I went over there with him and John Phillips. And that was the day his grandmother told him, she did not want me there. So we left. So yeah, it was at his invitation, and only once. He came looking for me one day at the house on Reid St. I also saw Lee one other time before the murder at James Driver Park, in my grandma’s neighborhood. He was with a bunch of guys picking up trash. He was on Probation I believe. I was at the park with my little cousins Krissy, Ryan, and Justin, and my little nephew PJ.
- Page 161. And we went through the front door! Not through a window. Eric was there as well, in his room sleeping. I went in an woke him. I never in my life went in the front bedroom window, ever.
- Page 163. This is flat out wrong. And what it is actually referring to is years prior to her death. But again it was never, I repeat, never through that window.
57 , 58, 59. Page 164. This is true. I have never, ever knew anyone, not even Lee or Eric to enter through that window. I did enter through a window, but it was in the back bed room window, and Eric’s old bedroom. He used to live in the back bed room. And that was only while he was home , when my ex and I would skip school. My daughters mom. But it was the back bedroom. Doesn’t it stand to reason if none of the other friends went in that window , even after they kept hanging around with one another long after I had left that neighborhood. I didn’t either? I mean why is he saying he and Eric, that only I, someone who hadn’t been in that neighborhood in 4 long years, am the only one they let through that window. But in the Giglio article, I believe they admit to him that all their friends used that window. Well, not this friend. But still, they lied on the stand about it. They are talking about events that happened (4 years prior) to the murder of Mrs. Franklin, and making it seem as if as if this was something that took place shortly before her murder. That is just simply not true.
- Page 165. Why is it I am the only one he says he let in that window? Or a window? But not anyone else? I understand he hates me, he truly believes that I harmed his grandmother. But the truths the truth, I can back it up with records, work, jail and prison records that show i wasn’t in that neighborhood for almost 4 years. It is just not true.
- Page 165. As I said in some other writings, Mrs. Franklin did not know and would not approve of anything we were doing. She stayed in the back bed room, yet it has been implied that she knew and allowed us a safe place to party and get high. That is simply not true, she would not had approve and did not approve.
- Page 168. Lee also makes no mention of Eric calling his girlfriend first. To me, I could be wrong but to me that implies he wasn’t aware Eric called her and more importantly Eric called her before lee arrived. If Lee wasn’t there then that is very important.
- Page 171. It’s like the prosecutor is trying to blames Lees’ drug usage and addiction as if to say, if he wasn’t on crack he would had never stole that car. I don’t know about that, Lee like many of us were thieves. It was still a stolen car he stole and was caught in. I highly doubt the DA ever let anyone make it because they had a drug problem, but to me, it seems as if he is trying to soften this a bit to the jury by saying, it’s excusable. Because he had a crack addiction, I can say this. I was blown away when I saw Lee smoke crack, that is something I would had never thought lee would do in a million years. The rest of my old friends? Yes, but not Lee. Yet that drug is an evil monster. And it got ahold of even Lee.
- Page178. Everyone one of these witnesses are for the state. My attorney didn’t call one witness to help me. But if he would had investigated the Police Report or my false statement he would have had several witnesses to call. He would had discovered that the across the street neighbor Donna Espada said she saw a white male taking off that very screen which Eric nailed down That very day before he left for work., at the exact moment I am at Shirley Gunn’s house (see police report witness statement of Donna Espada and witness statement of Shirley Gunn and Mrs. Gunn’s trial testimony) (see map from Mrs. Gunn’s house to Mrs. Franklin’s). He would had been able to call her on my behalf, as well as Larry , and Shawn Wright, and Melodies mom. Who would had testified that I never went to their house and spoke with them that day. Proof I was just making things up and saying anything I thought he wanted to hear.
- Page 182. This is the man we need to speak to about what he observed on Mrs. Franklin’s hands. Officer Jim Norris. I find it troubling that he wasn’t called to testify, and the fact that detective Allen when asked to talk about the hand didn’t make not. one mention of the blood they all observed on her hands. (See police report)
- Page 187. This video has since came up missing, as well as Mrs. Franklin’s night shirt. Yet they hold these things against me it is my fault they lose evidence that can clear me.
- Page 189. Here he speaks of the window being dislodged and the screwdriver as signs of forced entry. Need to get that screw driver tested before it too comes up missing. (see photo of screwdriver)
- Page 190. Need to have it tested as well.
- Page 192. Here he makes no mention of the blood he observed on her nails. Why not? Was he instructed not to? Or how they bagged and tagged the hands to preserve evidence.
- Page 194. No DNA was found on the carpet, so this talk of ‘there was some indication there was some fluid there’ is false and misleading.
- Page 195. But here to there was no DNA found other than that of Mrs. Franklin’s.
- Page 200. What he and to this day the court isn’t believing or didn’t know, is I actually lived in this house on Reid St. That was my permanent address. But my parole papers said I lived on Cedar Hill at my grandmothers. Yet I actually lived on Reid St For a little over a month prior to The murder of Mrs. Franklin. (see map from 706 Reid St. to Mrs. Franklin’s)
- Page 202. Of course I knew, my mom told me, but I didn’t know why they wanted to talk to me, The night I left Merry’s. My mom didn’t tell me, and they didn’t tell her. She just told me there were a lot of cops there, wanting to talk to me. It was about a murder. I guess she saw it on the news. I don’t know, later my mom told me.
- Page 202. Because I lived there! They knew I lived there Lee and Eric told them I lived there. (see police report at 1024.) So it isn’t like they didn’t know. Yet I did not know that they knew.
- Page 206. The reason why they put ‘my residence’ is because it was my residence.
- Page 207. I was driven to the station by officer Shirley, who I kept asking where are they taking Merry, she could had just stayed there. He told me that she was being taken home, he also told me that they ‘could ‘ charge ‘ her and we will talk about everything at the station, he then asked me if I was hungry, I told him no, and then he said he could get me a hamburger and asked me what I like on it, I told him everything. However I am not sure if he is the one that told me ‘look at me, tell me you didn’t do it. I told him I didn’t do anything. He told the other detectives: ‘Yeah he did it’…but I am not sure if it was him. But he in fact did talk to me.
- 7 Page 220. This is false, there was DNA they just withheld it and didn’t do the DNA testing that was requested. I find that troubling, it is like Joseph Chu did the blood typing and saw there was a different blood antigen that wasn’t mine and didn’t want to do any further testing.
- Page 220.That is because I didn’t murder Mrs. Franklin .
- Page 221. Yes, it was in question form, but when I didn’t know the answer he would ‘help’ me along and provide me with information. But it is his word against mine. They will never believe me.
- Page 223. Well no, he didn’t say that, he did allow me to go the restroom. And that was when I became aware Merry and the baby were there. But this is where the ball started rolling with me repeatedly asking him about her and the baby. And wouldn’t allow me to see her until after he took the statement, a false statement. As we were all standing at the car, Allen also told me they were taking her home. He echoed the very same thing that Shirley said to me in the car. In my suppression hearing, I was asked if Sgt. Allen actually threaten to lock her up and I said no. The thing is, I know there are many who will not believe me, but I was still under the impression they could charge her. I did what I felt I had to do to protect her, I would had done anything to make sure she didn’t go to jail or have the baby taken from her. I loved the woman and the boy as if he was mine. The question in my suppression hearing was
- You will agree with me that Sgt. Allen never told you that she was going to be charged her with anything.
- No, Sgt. Allen never told me anything like that.
Granted he never actually used the words ‘We are going to charge her, or we will charge her’. But he did tell me: ‘We could charge her and we can charge her”. The threat was implied. But I am being truthful as I can, he never actually said the words we will and are going to charge her. But even though I had a low education level, I understood what he was telling me. I could sit here and said in my suppression hearing that ‘Yes he did said that’. Now, if the DA would had asked me, well, did he ‘imply” or did he said ‘we could’ or ‘we can’ charge her, ’I would had answered ‘Yes’. I was just being honest. Every question the DA asked me was point blank, such as this next question.
- So that’s my point, assuming that that were true, Sgt. Allen certainly didn’t say ‘you better sign this confession or i’ll put her and the baby in jail’?
- No Here again I am telling the truth, Sgt. Allen never said that to me. He never said ‘you better sign this confession or I’ll lock her and the baby up. I am just answering his question. But again, if he would had asked me did he tell you they could or can charge her, I would had told him yes, he did say that. I could had lied and said yeah, he told me that. But the truth of the matter is, no he didn’t. But it doesn’t erase the fact that he implied it.
- Page 227. This is absolutely false. If that was true, then what happened to the first two statements I gave him?
- Page 229. No, no he never said this to me. Ever.
- Page 233. But he doesn’t know? That’s messed up. I need to get Sgt. Sheldon’s notes to see if he at least tried.
- Page 238. I need to get these photos to see if there is a missing window pane that Lee and Eric spoke of. I have seen them in the past and cannot recall seeing any missing window pane. But I will get them soon. (see photos of window)
- Page 247. Well if he didn’t put it there and Lee didn’t put it there, and I didn’t put it there, someone sure did, so let’s test it for DNA. DNA remains on things for years and years.
- Page 254. This arrest warrant was for trespassing. They arrested me on trespassing and then take me directly to homicide and start questioning me about a murder. Nothing about trespassing.
- Page 257. This is a lie, he would not allow me to see her until after I signed that statement because shortly after I saw her, they took her home within 5 minutes. 10 Minutes later they, Sgt. Allen, allowed me to call her to make sure she was home. So this is a lie and furthermore, he said he left us alone so I could talk to her in private. Here it is they have a suspected murderer, a wild animal who they suspect of murdering an old woman in a very ugly and brutal way, and he is saying to the Court that he left me alone with a woman and a new born child who isn’t even 2 months old, a suspected rapist and murderer? That is insane, and not true. Merry knows this to be false as well. She knows he was standing right next to us. Hell this makes no sense at all. He never left the room. What kind of cop would leave the room like that? Leave a suspected murder alone with a new born child and a woman. I’m not a cop but even i wouldn’t do that. After her and I spoke they then took her home.
- Page 257. He damn well knew my concern and why I wanted to see her. She wasn’t even supposed to be there. She wasn’t supposed to be there, they told me she was being taken home at her request. They had her there for a reason and that reason was to use her against me. So yeah, he damn well knew what my concern was. What, he is just going to let me, a suspected murderer dictate how things are going to unfold? I don’t think so. it doesn’t work like that. If that is how he does things… That is some style he had. The suspect is never in charge of anything. But who do they believe? Me a nobody with a criminal record, or a detective, one of their very own. They will and did side with him every time.
- Page 258. No, again that cop that drove me to the station told me they were taking her home. So yeah, I was under the impression she was on her way home with the baby. And he told me they could charge her.
- Page 259. This is bull, he didn’t allow me to see her until after I sign that statement. I told her as I was talking to her they are going to take her home now as Allen was standing right next to me. And within 5 minutes she was gone. She didn’t wait around for me to give the statement it was already given.
- Page 262. Well there was something found and it is 100% not mine.
- Page 263. But still he did say what the warrant was for, it was for trespassing. Which is what they told me I was being arrested for, before I was placed into the car at the house on Reid St. Trespassing. Nothing about a murder.
- Page 24. Linda is correct in this, it was only Lee and Eric who took care of her and helped her. Not anyone else as district attorney Mrs. Hardaway repeatedly states in my appeal is suggesting as to how the blood DNA ‘could’ had found its way underneath her finger nails as detectives observed. Nobody and I mean nobody except Lee and Eric touched Mrs. Franklin.
- Page 286. This shows that the den area was her bed room which was in the back of the house and nobody was allowed back there except Lee and Eric, it was her private bed room.
- Page 292. Here is proof I came back to Mrs. Gunn’s house at 5:pm and stayed there until 6:pm. So that is not me at the window taking off that screen as Mrs. Espada stated in the police report at 6pm.
- Page 294. Yes, it was a 2 inch old timer knife, I don’t think old timer makes a 3 inch blade. I ain’t sure. Maybe they do, but I had the smallest one they make. My knife was at least 30-40 years old and its blade was smaller than it’s original size. With the longest blade tip broken off, it was actually my ex step dad, Bob’s old knife and he fixed the tip. So it wasn’t even a full 2 inches long. Rather a bit smaller due to all the sharpening over the years.
- Page 294. I left her house at 6:pm on the dot, that is a fact. So it was not me Mrs. Espada saw at that window taking that screen off! If not me then who? Everyone calls this person the ‘suspect’ even the TCCA calls him the suspect but what they aren’t tying together is that these homes are 3-4 miles apart. They are under the impression it is the same neighborhood due to Mrs. Gunn falsely stating they are the same neighborhood and that her and Mrs. Franklin lived close by one another. That is just not true. Two different neighborhoods. (See map from Gunn’s house to Mrs. Franklin’s)
- Page 296. Here she said she hadn’t seen me in a long time, ‘a long time ago when he used to come over by the house’ . The last time I saw Mrs. Gunn all those years prior was also the last time I saw Lee Rose, Kenith Gaddis, James Parks, Child Martian and Eric Benge. And it was 3 1/2years prior, I recall that day very clearly, they were on their way to the movies and my sister and I alone with my daughter blocked them in and I told Kari to get out of the van. And her and I had an argument. I took her purse and threw it. Well, I thought it was her purse, but it was actually child’s purse. After that, I left with my sister and Amber my kid and that was the last time I saw any of them. A few weeks or a month later I am in jail for fighting my step dad. So yeah, it was years. I also recall this was around the time Mrs. Gunn’s nephew was visiting with them. I don’t know him. But I think he was from New York.
- Page 297. It is not the same neighborhood. It is about 3 miles distance. This is where the trial court and the TCCA is getting the impression that they lived in the same neighborhood. Or real close. But it is not the same neighborhood. So the courts are under the false impression the guy at the window who Mrs.. Espada saw is me, and it is not. (See map from Gunn’s house to Mrs. Franklin’s)
- Page 304. They were running in and out smoking crack is what they were doing. So I am sure they were as high as kites. When Lee testified that they were over off of Airline and 43 Rd St. buying tires for his bike….it wasn’t tires they were buying, it was Crack. I know what is over on 43 rd St. Lee and John Phillips took me over there the first time I saw them in 4 years, so John could buy some Crack. So yeah, I know just what they were buying, so does Lee. Nothing on 43 rd St. but a crackhouse.
- Page 309. This woman and I met for the first time two weeks prior to the murder! I never knew this woman. Or met her before in my life, never even said one word to her until the first time I met her and that was after I got out of prison. I have already written about this in my other writings.
- Page 311. Right, two weeks prior and that was the first time her and I ever met in our lives. She says two years since she had last seen me, but I hadn’t been to John Phillips house (this Is his grandmothers’ home) in 4 years, John didn’t live there, he lived with his girlfriend at the time. She is saying this because she must had heard from everyone else that I had been to prison for 2 years. But I hadn’t been in that neighborhood in almost three years. The last time I was there was when I went to see my kid. Her mom and her boyfriends’ mom took my daughter and that was the last time I saw my kid until she was 16 and came to see me here, and it was the last time I was in that neighborhood. So I don’t know why Mrs. Scott would say she knew me. She did not.
- Page 316. I am 5 ‘7.
- Page 317. Wow, so he was my size so surely he would know when someone is his size! Or taller than him. And he said the person he saw was taller, and bigger.
- Page 317. Wow, here is some more of that memory I don’t recall. I do not for the life of me recall this. I recall them having me and Eric stand next to one another. But not Mr. Doyle.
- Page 318. I was rereading this and it hit me (I have to reread things over and over sometimes for to sink in. It’s part of my learning disability.) But as I was rereading Mr. Doyle’s trial testimony, it hit me, this man is all over the place. I mean at first in the police report he said the person he saw was 6 foot or slightly under. On the stand he again said the man he saw was 6 foot or slightly under. He then says ‘that means, you know maybe 5’10’ or something like that. He testified that he is 5’6″ then the DA asks him how tall do I seem to him, he said 5’9. Then the DA asks him: Q.: Is he about the same size as you is what I am asking? A: Oh, yes. Right. Q: how tall are you? A: 5-6 Q: You’re saying this man is 3 inches taller than you? A: Yes.
This man can not make up his mind. At first he said 6 foot or slightly under, that’s one description. He then testifies again said 6 foot. Then 5-9, then he said I am the same size as he is…that is 4 different description. so which is it? It seems to me like he is trying his best to help the DA. Point is, I am 5’7”, 5’6” without shoes. I am the exact same size as Doyle. So clearly I am not the man he saw that night. But then the DA gets him to compare my size. I am at trial to the size of the man he saw that night, and he said I am the same build as that guy. Well here is the thing about that. I went to jail at about 140-153 pounds, I must had put on a good 2I-30 pounds sitting in jail doing nothing but eating and being locked in a cell 24 hours a day 7 days a week. So yeah, I was a lot bigger. I was a small guy back then, very lean. I was at my ideal weight back then for my size and age.
So, the DA took advantage of my size then and used it to have Mr. Doyle to say I was the same build as the man he saw. But to me, Doyle is all over the place. I am reading this as he isn’t sure about anything. But I know this for a fact, I am the same size as Mr. Doyle. They had us stand back to back. I’m 5’7” – 5’6”, but yet this is the testimony the TCCA and District court us to deny me saying ‘Mr. Doyle identified me at trial’. ..no he did not. Do you think he identified me at trial?
But there is still something very troubling about the fact that they didn’t call Truitt to testify, I’m looking into that right now. But it is going to take some time to look into what the reason why they didn’t call Truitt. Doyle said he saw someone 5’11” to 6′. Hell I may even be 5’6″ without my shoes on.
- Page 319. Here is admits he cannot say it was me he saw. Of course not. He saw someone much taller. But the courts have repeatedly said he identified me. But you can see that is false. They just write anything they want to.
- Page 320. Here he tells of his brother in law Truitt actually getting out of the car and going up face to face and talking to the man. But yet Truitt was never called to testify. That is mind blowing, never have I seen this in writing before. Sure I heard it at trial, but I clearly didn’t register. But this is huge! Truitt actually had a face to face conversation with this guy according to his brother in law Mr. Doyle. So why didn’t they call Truitt? There has to be a reason as to why they didn’t call him.
- page 325. This is wrong, I didn’t tell her this until I was allowed to call her from the station to make sure she was home. She is just mistaken, she is not lying, she is just mistaken, is all. There are many things about those days Merry doesn’t recall, or has mixed up. To this day she doesn’t believe me when I tell her I was allowed to call her to make sure she was home. But it is written in the police report, but to this day she swears I didn’t call her. But I did.
- Page 325 . Yes I know, and my mom told me but, it was a day or two later. It was NOT when she called me. And, she didn’t say it was Lee or Eric. She knew them. But then to my mom, didn’t have the best memory and she hadn’t seen any of them in about 5 years. So she may not had made the connection. I don’t know. Hell, the whole Houston area knew what they wanted to talk to me about.
- Page 327 . This is also wrong. It was 2.5 – 3 hours later. Hell, the cops where there for a good hour after I split. I did go back to her hose, but that was after I went home to Reid St., and then my moms’ boyfriend David gave me a ride to her house. Merry also doesn’t recall me going back to her house later that night, but I did.
- Page 327. I just don’t know what to say about this other than she has her days mixed up. The cops did not show up at her house before I left. I knew they were coming. Hell, they may had even been on the street, not that I saw. I know I was walking down the street and saw this cop car coming my way and it turned on Merry’s street. I think she has it confused with the day I was arrested. When I looked out the window and told her the police were there. Like I said she doesn’t even recall me calling her from the station, but it is in the police report in black and white.
- Page 330. You can see here that Sgt. Allen even says I am 5’7″ not 5’9″ and I was much smaller built back then. I really need to get these photos. The photos they took of my hands have since come up missing as well.
- Page 350. No blood visible on the blade. But DNA testing would tell us for sure. Not only will it detect blood, but it will detect oils from the hand, if Eric said it wasn’t in his room before. Then someone placed it there and it damn sure wasn’t me. The knife was introduced into evidence when it shouldn’t had been. All that did was once again, as with the photos of Mrs. Franklin on her back with her legs slightly open inflame the minds of the jury. It should not had been introduced.
- Page 358. It was never tested for blood, so let’s test it. That is all I know to say.
- Page 359. He nor anyone else makes mention of this missing window pane that Lee and Eric said was missing and that I knew of. I have no idea what they are talking about.
- Page 363. Again it still needs to be tested for DNA!
- Page 366. He didn’t find anything? How the hell is that? I mean everyone observed blood underneath her fingernails. Yet they make no mention of this, and they didn’t call those who actually did observed the blood. Yet they were never called to talk about the blood. It’s like that went out of there way not to mention the blood detected under the nails. I really believe this, because once you read Chu’s testimony and learn how the district attorney withheld that lab report that show different blood antigens. It all becomes very fishy.
- Page 368. They say that they saw a foot print on the bed and I think below the window, using that as a sign of forced entry, but they didn’t even take casting prints or collect the sheet. That is messed up. But who is this held against? Right, me. Everything they lost and didn’t do, is my fault. Any mistakes made? My fault.
- Page 374. I do believe this, however not in this case. This case was physical and very brutal.
- Page 376. Well, finally they get to the fact that it was a trespassing warrant they arrested me on.
- Page 379. Trespassing for H.L Truitt. This is the man who actually talked to the man who jumped his fence! Where he actually got out of his brother in laws car and in the words of Mrs. Doyle, went around the car and had a face to face conversation with this guy. But again, they didn’t call Truitt. Or get this, actually charge me with trespassing. They had tunnel vision and zeroed in on me…and yes, I didn’t help matters by splitting from Merry’s, house when I knew they were coming. To them that was an admission of guilt. Which it is not.
- Paige 383. She is wrong about the time. I was at Gunn’s house from 5: pm to 6:pm. She notes the time due to her show just fixing to start. You could hear the music from it, the Roseanne Barr show. But Mrs. Wright actually saw me closer to 7: 45. Which is true, she did see me . Her son said 7:45.
- Page 379. You can see here she had no idea I lived on Reid St., or even where Reid St. is located. Her oldest daughter Cynthia Wright did. She went there with me about 3 weeks before the murder. But yes, she saw me heading down Irvington toward Westford, which is Mrs. Franklin’s street. But what she didn’t know was I had to pass Westford to get to Reid St. There were about 4 people from my past that were aware I lived on Reid St. This wasn’t something new. Or something I decided to do after the murder. I actually lived there just slightly over a month prior to the murder of Mrs. Franklin. But Mrs. Wright didn’t know this or was even aware where Reid St. was. I really liked Mrs. Wright, Aka Patches. She was as down to earth as you can get. A free spirit. I was sadden to hear that she passed away.
- Page 389. Caperton St. is 6 streets away from Westford. She would not had seen me on Westford she wore glasses and was blind Without them. But they had already left the flower shop by the time I was a block away from Caperton St. And as I said, she didn’t realize I had to walk past Westford to get to Reid St.
- Page 402. This is where he lied and he knows he lied.
- Page 403. He testified in 30-40 cases…how many of those did he lie in? How many of those did he work with district attorney Gutierrez? But here is where Gutierrez failed in his duty to correct Chu’s known false testimony. He knew without a doubt Chu had just flat out lied. (See Bromwich report). Bromwich said he falsely testified in many cases! My DA withheld the lab report. He had a duty to correct Chu and a duty to turn over all evidence and he intentionally didn’t. I think once my DA saw that lab report and saw that it wasn’t my blood type, he realized something was very wrong.
- Page 409. Damn, how many of this people took my hair? I think this is 4th one who said they took my hair. I recall only two people being there, Chu and some female. Again, that is the whole failed memory thing.
- Page 415. I took the advice of my attorney not to testify. But am sure that my jury held that against me. It is not supposed to be, but it is hard not to hold that against someone.
- Page 462. This is something that blew me away. And keeps blowing me away every time I read it. Why in the hell would he say this? He plead not guilty for me at the very start of the trial. But in the end, it is like he turned on me, how do you go from not guilty to guilty when I plead not guilty?
- Page 466. It was / is relevant in this case he just I withheld it from us. He knew just how important it was. He knew Chu lied and committed per jury on the stand and he failed to correct it as was his duty. He just let it stand and he himself lied to the jury, he knows he was lying to the jury, he knew there was DNA in this case. I would really like to know what my jury has to say about being lied to. Now note this. I think this is very important and I do believe there was a plan to make sure nothing was mentioned about the blood detected under the nail, or the results detected. Not once, not once throughout my whole trial transcript did anyone make any mention of the blood that was observed under Mrs. Franklin’s nails, and was reported in the police report. I find that very troubling. It is an intentional act on the states part. They go out of there way and in detail describe the hairs that were found in her hand, but not one word about the blood. Oh wait, They did make mention about the blood it was said to be ‘inconclusive’. Years later we see it is not mine. Chu could had determined this long ago if he would had just done the testing as he was instructed to do. It came from blood and that blood is not mine.
Well, That is it. That is the whole trial. 477 pages. As far as a capital murder trial goes, that isn’t very much at all. What do you think?