|
Location |
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.
Read More by
Clicking Here
|
| 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.
Read More
by Clicking Here
|
| 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] |
|