Harris County

Texas Victims of the State

19 Cases

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Defendant(s)

Date of Alleged Crime

 

Harris County, TX Gordon Morris July 11, 1953 (Houston)
Gordon Morris was sentenced to death for the murder of Ruby Lee Smith, his common law wife.  Morris's jury selection, trial, conviction, and sentencing to death all occurred in one day.  Morris's brother later found out that Morris was physically incapable of committing the murder and that he was the victim of mistaken ID.  When the jury foreman heard of the new evidence, he reinvestigated the case, tracked down the other members of the jury, and got them as a group to urge that Morris be pardoned.  Three days before Morris's scheduled execution, his sentence was commuted to life imprisonment.  Morris was paroled in 1968, reimprisoned on a parole violation in 1973, and reparoled in 1976.  (The Rope, the Chair, and the Needle)  [7/05]

 

Harris County, TX Vernon McManus July 24, 1976 (Baytown)
Vernon McManus, a Lamar University football coach, was sentenced to death for the murder of his in-laws.  His estranged wife, who was implicated in the murders, implicated McManus in order to avoid a death sentence.  In addition, McManus's trial counsel was romantically involved with his estranged wife during the course of his trial.  After McManus's conviction was overturned, his wife refused to testify against him, and charges against him were dropped in 1988.  (CWC)  [3/06]

 

Harris County, TX Max Soffar July 13, 1980 (Houston)

Max Soffar was convicted of murdering Arden Alane Felsher, 17, Tommy Lee Temple, 17, and Stephen Allen Sims, 25, during a robbery of the Fair Lanes Windfern Bowling Center.  He was sentenced to death.  Soffar, 24, a mentally impaired individual, confessed to the murders after hours of police interrogation.  No physical evidence connected him to the crime.  A fourth victim, Gregory Garner, survived a gunshot wound to the head but failed to identify Soffar as a participant in the robbery.

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Harris County, TX Gary Graham May 13, 1981
Gary Graham was convicted of the robbery and murder of Bobby Lambert, 53, outside a Safeway supermarket in north Houston.  He was convicted primarily on the testimony of one witness, Bernadine Skillern, who said she saw the killer's face for a few seconds through her car windshield, from a distance of 30 to 40 feet away. Two other witnesses, both who worked at the grocery store and said they got a good look at the assailant, said Graham was not the killer but were never interviewed by Graham's court appointed attorney, Ronald Mock, and were not called to testify at trial.  Three of the jurors who voted to convict Graham signed affidavits saying they would have voted differently had all of the evidence been available.  Graham was executed on June 23, 2000.  (JD12)  [1/07]

 

Harris County, TX Ricardo Aldape Guerra July 13, 1982

Ricardo Aldape Guerra, a Mexican national, was sentenced to death for the murder of James D. Harris, a Houston police officer.  Harris was killed during a routine traffic stop.  The gun that killed Harris was found on Roberto Carrasco some hours later, after Carrasco was killed in a shootout with police.  Guerra, a 20-year-old acquaintance of Carrasco, was riding in the car with Carrasco when Harris was killed.  Police theorized that Guerra shot Harris and later traded guns with Carrasco.  Guerra's fingerprints were not found on the gun, but five eyewitnesses identified him as the shooter.

Beginning in 1994, evidence emerged that police and prosecutors had systematically intimidated and manipulated the eyewitnesses into identifying Guerra as Harris's killer.  During a federal appeal, these witnesses testified that they had perjured themselves because they feared police and prosecutors.  Guerra's conviction was overturned in Nov. 1994.  The state delayed justice by appealing the ruling, but ultimately released Guerra in Apr. 1997, as they had no intimidated witnesses with which to retry him.  Upon release, Guerra returned to Mexico where he was the subject of a book, a feature film and at least one popular song and music video.  (NC Reporter)  [2/07]

 

Harris County, TX Pedro Torres Apr 17, 1983
Pedro Torres was arrested for drinking beer in a Dallas convenience store.  A computer check showed that he was wanted for the murder of a Houston man.  He then was tried for that murder and convicted, reportedly because of eyewitness testimony.  However, Torres's arrest warrant was actually issued for a different Pedro Torres.  Torres's work records and and the other Pedro Torres's roommate helped to overturn his conviction.  Torres was released in 1986 after 8 months of imprisonment.  (Google)  [4/08]

 

Harris County, TX Calvin Burdine Apr 18, 1983
Calvin Burdine was convicted of murdering his gay lover, W.T. "Dub" Wise, at the trailer home the two shared in Houston.  Burdine allegedly was angry because Wise had asked him to prostitute himself to earn more money.  The federal Fifth Circuit Court of Appeals overturned Burdine's conviction because his lawyer, Joe Frank Cannon, was asleep during his trial.  The Court ruled that "sleeping counsel is equivalent to no counsel at all," a violation of Burdine's Sixth Amendment right to counsel.  Cannon slept as many as 10 times, for as long as 10 minutes, during Burdine's six-day trial.  Burdine was released in 2001 and his case came to a legal end in 2002 when the U.S. Supreme Court declined to hear Texas' appeal of the Fifth Circuit's ruling.  [10/05]

 

Harris County, TX Everett Baily Malloy July 1983

Everett Baily Malloy was convicted of the murder of 25-year-old William Smiddy.  While Smiddy was in a North Houston nightclub, he saw a man, believed to be Malloy, take $20 from a waitress' serving tray and then leave the club.  Smiddy followed the man outside, choked him, and took the stolen money back.  However, the man fatally shot him with a .22 caliber pistol.

Malloy maintained his innocence and had witnesses testify that he was not at the club.  But four prosecution witnesses identified him as the killer.  They also said a woman accompanied him at the nightclub.  Following Malloy's conviction, the woman described by witnesses was located  and her information led to the filing of charges against a different man for the killing.  Malloy was released from prison in 1984.  (Herald-Journal) (Star-News)  [8/10]

 

Harris County, TX Kevin James Byrd Jan 14, 1985
Kevin James Byrd, a black man, served 12 years in prison after a rape victim identified him as her assailant.  The victim originally claimed her rapist was a white male.  DNA tests exonerated Byrd in 1997, but Governor George W. Bush refused to pardon him.  After the story got the attention of the national press, Bush reversed himself and signed Byrd's pardon.  (IP) (CWC)  [5/05]

 

Harris County, TX Anthony Robinson Jan 1986

Anthony Robinson, a black man, was convicted of raping a white University of Houston student. He was picked up because the victim said her assailant was a black man wearing a plaid shirt. The victim, who was white, also said her assailant had a mustache, smelled of cigarette smoke, had no money, and that he apologized to her, saying he had just gotten out of prison and had not had sex in a long time. Robinson had no mustache, did not smoke, had $169 on him, and had never been to prison. The victim identified Robinson as her assailant when he was brought to her and at trial. Robinson's fingerprints did not match those taken from the crime scene

Robinson was paroled after serving 10 years of his 27-year sentence. He then worked to pay for his own DNA testing and hired a lawyer who had him officially exonerated. Because he was a well thought of college graduate who served two years in the Army, a state senator employed Robinson as the “poster child” for a proposed Texas law to increase the compensation for the wrongly convicted to $25,000 per year of incarceration. The law passed and Robinson was awarded $250,000 under it.  (IP) (Frontline)  [5/08]

 

Harris County, TX George Rodriguez Feb 24, 1987
George Rodriguez was convicted of sexually assaulting a 14-year-old girl largely because his name was George.  The victim had told police that one of the perpetrators called the other George, but she did not think it was his real name because they had discussed using fake names.  Rodriguez's co-defendant identified a man named Yanez as his partner, but Yanez was not charged presumably because Rodriguez was in custody while Yanez was not.  A prosecutor told Rodriguez's jury that blood type matching eliminated Yanez as a suspect.  Later tests showed a blood type consistent with Yanez.  DNA tests exonerated Rodriguez in 2005.  Because of the statute of limitations, Yanez cannot be charged with the 1987 crime.  (IP) (TruthInJustice) (Chronicle)  [12/05]

 

Harris County, TX Frances Newton Apr 7, 1987
Frances Newton was convicted of murdering her husband and two children.  She was executed on Sept. 14, 2005.  (JD29 p4,15)  [2/07]

 

Harris County, TX Ronald Taylor May 28, 1993
Ronald Gene Taylor was convicted of rape after being identified by the victim.  The victim's DNA tests were not available for Taylor's trial because the Houston PD Crime Lab had erroneously reported that the victim's bed sheets did not contain semen.  Taylor was exonerated of the crime in 2007 after DNA tests showed that the actual perpetrator was another Texas inmate, Roosevelt Carroll.  Reportedly Taylor and Carroll look remarkably similar.  Carroll cannot be prosecuted as the statute of limitations for the crime has expired.  (Chronicle)  [10/07]

 

Harris County, TX Robert Fratta Nov 9, 1994
Robert Alan Fratta was convicted in 1996 of arranging his wife's murder.  He was sentenced to death.  Fratta had been in divorce proceedings with his wife.  To gain custody of their children, his wife had made allegations of sexual perversion involving bathroom activities.  The murder trial prosecutor used these allegations in an attempt to prejudice the jury.  Fratta had no opportunity to confront the allegations, as he could not cross-examine the person who made them.  Even in regard to living witnesses, Fratta's trial judge openly denied Fratta's Sixth Amendment right to confront his accusers.  The judge permitted hearsay testimony from a police officer that an alleged co-conspirator had implicated himself and Fratta in the crime.  Another witness testified to incriminating statements made by the alleged co-conspirator and a second alleged co-conspirator.  Fratta's defense tried to call these alleged co-conspirators to refute the hearsay testimony, but the judge would not allow them to be called.  (CCADP) (ODR)  [11/07]

 

Harris County, TX Robert Angleton Apr 16, 1997

Robert Angleton, also known as Bob, was a bookie who took bets on sporting events.  He was charged with murdering his 46-year-old wife, Doris.  Following the murder, Bob told police that he suspected his brother Roger was the killer.  Despite Roger's checkered past, Bob had employed him in 1989.  He fired him less than a year later.  After being fired, Roger felt Bob owed him $200,000 and even tried to rob him of it at gunpoint.  Roger then threatened to put Bob out of business, by reporting him to the IRS.  Bob ignored him, but Roger started making phone calls to customers, posing as an IRS agent.

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Harris County, TX Josiah Sutton Oct 25, 1998
Josiah Sutton was convicted of carjacking and rape based on a DNA test that was erroneously evaluated by Christy Kim of the Houston Crime Lab.  Sutton was denied a request for an independent DNA test, but an independent investigation of the Houston Crime Lab brought errors in his case to light.  Retesting confirmed Sutton's claim of innocence and he was released in 2003.  In 2005, he was awarded $119,000.  (IP) (Chronicle) (JD30 p9)  [10/05]

 

Harris County, TX Gilbert Amezquita Feb 6, 1998 (Houston)

Gilbert Amezquita was convicted of aggravated assault after Kathy Bingham was severely beaten at the Houston plumbing company where he worked and which her family owned.  Shortly after coming out of a 10-day coma, the still-hospitalized Bingham whispered to police that it was “Gilbert” who had assaulted her.  Amezquita was a U.S. Army reservist with no prior criminal record.  His appellate attorney, Roland Moore, found that prosecutors had failed to consider that a second Gilbert - Alonzo Gilbert Guerrero - also worked at the plumbing company.  Moore discovered that Bingham and Guerrero had argued a few days before the attack and that Guerrero had Bingham's cell phone after the beating.  Guerrero, who is now serving a seven-year prison sentence for burglary, did not have a good explanation for how he came to possess Bingham's phone.

In 2007, the Texas Board of Pardons and Paroles recommended a pardon based on innocence for Amezquita.  News of the Board's action did not please Bingham, who maintains that Amezquita attacked her. Governor Perry subsequently pardoned him.  (Chronicle)  [6/07]

 

Harris County, TX Robert Justin Kaupp Jan 13, 1999
Robert Justin Kaupp was convicted of being an accomplice to the stabbing death of a friend's half-sister, Destiny Thetford, 14.  The U.S. Supreme Court ruled on May 5, 2003 that the 17-year-old Kaupp's confession had been coerced out of him at a time when the police had substantive reason to believe he had nothing to do with the murder.  Kaupp was implicated in the murder when Thetford's half-brother confessed and said that Kaupp helped him—but there was no evidence of any kind to corroborate the accusation, and there was significant evidence to disprove it.  [7/05]

 

Harris County, TX Carlos Coy Sept 1, 2001
Carlos Coy, a rapper whose stage name is South Park Mexican, was convicted of the sexual assault of a 9-year-old girl.  The girl had been invited over to Coy's house by his 6-year-old daughter.  She claimed Coy touched her inappropriately during a supposed sleepover while a Scooby Doo tape was playing on the VCR and Coy's daughter had fallen asleep next to her.  No physical evidence corroborated her accusation.  During initial questioning at trial, the girl said she wasn't sure what had happened and thought it could have been a dream.  She also said she did not remember the incident clearly.  Given the girl's youth, she was highly susceptible to persuasion by relatives who may have wanted to target Coy because of his money and fame.  Coy has at least six music albums with collective sales topping 1.5 million.  The trial judge sentenced Coy to 45 years in prison.  Three months after Coy's sentencing the girl's family filed a civil suit against him seeking unspecified damages.  (Chronicle) (SPM's Music Videos)  [10/09]

 

Harris County, TX Ricardo Rachell Oct 20, 2002

Ricardo Rachell was convicted of sexually assaulting an 8-year-old boy.  The boy, lured by a bike-riding stranger promising him $10 for help cleaning up trash, was sexually assaulted in a vacant home south of downtown Houston.  The next day, the boy's mother saw Rachell riding a bike on Cullen Blvd.  She drove her son to the location and the boy subsequently identified Rachell as his assailant.  Testimony from the boy and one of his friends who saw the assailant served as the core of the case against Rachell.

During deliberations, jurors asked about the boys' testimony, sending written questions to the judge.  At least two wanted to know how the mother asked her son to identify his assailant and how the boy responded to her question.  The boy appeared to know Rachell not as a stranger, but from seeing him around his neighborhood as a man whose facial deformity, from of a shotgun blast years before, made him drool and appear "scary-looking."  The two boys never mentioned that their assailant had an obvious facial deformity.

After Rachell was incarcerated, similar assaults occurred on at least three young boys lured by a man who promised them money in exchange for performing a task.  Rachell's defense attorneys said they were never told that biological evidence existed in the case, but were later made aware of it.  DNA tests of this evidence confirmed Rachell's innocence in 2008, leading to his release after more than 5 years of imprisonment.  Rachell became blind from glaucoma during his incarceration.  He was officially cleared in 2009.  (HC #1)  (HC #2)  [5/09]