SELF DEFENSE IS NOT A CAPITAL CRIME (pdf)
BY FRANK MOORE # 999210
12/14/2008
SELF DEFENSE IS NOT A CAPITAL CRIME.
In
Self-Defense:
A
summary of the facts of my case.
By
Frank Moore.
My
name is Frank Moore and I have been on Texas Death Row since
November 20th 1996
. I have been locked up since
January 25th 1994
. Caught up in this struggle and
fight for my life and freedom.
At
this time I would like to share my fight for my life and freedom and the story
of what happened that night so many years ago on
January 21st 1994
.
In
this article I will show you the facts of my claim of self defense and all the
evidence that has been used against me, and new evidence that my lawyers now
have that proves I acted in self defence that night.
As
I write this article I am sitting in my cage on A-Pod-A-Section, which is death
watch on Texas Death Row. As I await
my execution date set for
January 21st 2009
. As you can see the D.A’S office
in
San Antonio
has jokes, my execution date is set for the same date that I killed Patrick
Clark and Samuel Boyd in self defense. Me,
myself, I don’t see anything funny in this joke – feel me?
The
evidence presented at the second trial established that I shot and killed two
individuals after an altercation in the parking lot of the Wheels of Joy Club in
San Antonio
,
Texas
, around
2:00am
on
January 21st, 1994
. The persons killed were Samuel
Boyd, 23 years old, and Patrick Clark, 15 years old.
The first peace officer on the scene found Boyd dead or dying in the
passenger seat of an automobile and
Clark
lying dead next to the driver’s door.
An
investigator found shell casings in a location that suggested that the shots
were fired from the left rear of the vehicle.
This evidence comported with the deputy medical examiners testimony that
the tracks of the bullet wounds were generally from back to front, and left to
right. Boyd had been wounded by six
bullets and
Clark
by five. Boyd’s blood contained
0.28 grams per decilitre of ethanol alcohol.
Clark
’s blood contained 0.15 grams per decilitre of ethanol, as well as 0.25
milligrams per litre of diazepam, and 0.33 milligrams per litre of nor diazepam.
In the opinion of the medical expert, the latter two controlled
substances were muscle relaxants… Both victims were acutely intoxicated at the
times of their deaths.
The
State called Angela Wallace, who lived in
Houston
and was visiting
San Antonio
to attend the funeral of her uncle… Prior
to the night of the shootings, Wallace did not know anyone involved in the
offense. She testified that she and
a friend, Lisa, had gone to an ice house across from the club called the Wheels
of Joy Club. Lisa was Boyd’s
girlfriend.
Boyd
met Lisa at the ice house and the two verbally argued.
Wallace left her friend and walked to the Wheels of Joy Club where she
spent several hours in the nightclub, Boyd entered the club after Wallace had
told her that Lisa had gone home. During
the evening Wallace saw Petitioner in the club and at one time Petitioner and
Boyd shook hands and the two spoke and laughed.
She also saw
Clark
in the club, but did not see him have any contact with the Petitioner.
Wallace testified that she did not see Boyd or Clark acting drunk or
argumentative. Through out the
evening, Petitioner came and spoke to Wallace and flirted with her. At one time,
Wallace observed two women with Petitioner look at her strangely and she
momentarily left the club to deposit her jewellery in her car.
As the club prepared to close, the Petitioner asked Wallace to save him
the last dance and to give him her telephone number. Wallace refused to give
Petitioner her number, but he offered to give his to her.
As the club was closing Petitioner was interrupted by a man who stopped
and whispered to him, the two men then left the club.
Wallace
failed to identify this other man from photographs as Ivory Sheffield, but later
testified at Frank Moore’s trial that Ivory Sheffield tossed the rifle to
Frank.
Robert
Perry Smith admitted to police that he handed the rifle to Frank… So once
again, Ms. Wallace has contradicted her statements. * See Robert Smith’s
statement attached.
When
the club closed, Wallace left and went to the parking lot.
She testified that Petitioner, Boyd, Clark and another man “had a
confrontation.. (an) exchange of words and someone pushed somebody.. It just
broke up.. Just everybody started scattering a little bit”
Wallace
saw
Clark
’s car come into the parking lot and stop.
She stated that the car did not come close to striking the Petitioner and
it did not back up. While Boyd must
have at some point gotten into
Clark
’s car, Wallace did not see him do so. Wallace
testified that she saw the Petitioner walk towards the back of
Clark
’s car. Sheffield got a rifle from
the trunk of a Cadillac and tossed it to Petitioner, who started shooting into
Clark
’s car. Petitioner handed the gun
back to
Sheffield
and left in a Cadillac.
Sheffield
said, “Who else wants some of this?” and walked around with the gun.
Wallace
left the scene with an individual by the name of
Edmond
to notify the family of Boyd and Clark.
At
the second trial, petitioner called Robert Mays, Jr. whose testimony
contradicted that of Wallace. May’s was a friend of Petitioners who was at the
Wheels of Joy Club on the night of the shootings.
(RR:V15pp 5-6) Mays did not know the victims, but did observe a scuffle
outside the club around closing time. Someone
yelled they were going to get their stuff, (meaning guns) and two or three black
males ran across the street and got into a white car.
Mays also testified they were going to shoot him.
They had guns in the car and the white car came across the street into
the parking lot at a high speed and tried to run over Mays and others including
Petitioner who tried to get out of the way.
The car hit some bushes preventing it from striking Mays and the car
backed up and tried to come at Mays again. Mays
made a quick getaway and heard shots as he fled the scene.
Now
let me show you how ineffective my attorneys were in my first two trials:
During
the Bill of Exception, trial counsel presented evidence of Boyd’s prior
criminal history which consisted of multiple unlawful carrying of weapon charges
along with six aggravated robbery with deadly weapon charges.
(RR:V21:pp-9) Counsel, in his offer of proof of evidence, which the court
denied upon objection by the State, requested that he present evidence of
Boyd’s reputation for violence in support of Petitioners claim of self
defense. (RR:V21:pp-5-9)
Because
the trial court, after objection from the State’s prosecutors, denied
Petitioner the opportunity to present essential evidence to the jury on his
self-defense claim, Petitioner was deprived of due process and denied a fair and
impartial trial under the Fourteenth Amendment to the Constitution of the
United States
. In effect the trial court’s
failure to allow evidence that the victim was the aggressor denied the right to
due process guaranteed by the Fourteenth Amendment to the U.S. Constitution
because it prevented Petitioners from receiving a fair trial.
See
Duncan
v. Henry, 513 US364. 366 (1995)
It
is axiomatic that the state cannot keep critical testimony from the witness
stand.
Washington
v. State of
Texas
. 388
US
14 (1967) In this case, it is a denial of the due process clause of both the
Fifth and Fourteenth Amendments to preclude character evidence of Boyd.
Applicant
was deprived of the right to due process and a fair and impartial trial under
the Fourteenth Amendment to the US Constitution when the trial court denied
applicant the right to offer evidence of Boyd’s reputation for violent acts in
support of applicant’s claim of justification in the use of deadly force.
Argument and Authorities
The
testimony by Robert Mays, Jr. raised an issue of self defense, and although the
trial court included self defense instructions within the jury charge
(CR:1V.pp-525-30), the trial court denied Petitioner the opportunity to
introduce
Reputation
evidence of Boyd’s character for violence, (RR:V21.pp5-19). In fact, the State
convinced the trial court that evidence of Boyd’s criminal record was not
relevant and was prejudicial to Petitioner’s self-defense claims…
As
you have read in the above evidence, the D.A.was able to convince the judge that
Mr. Boyd’s criminal history and criminal record was not relevant and was
prejudicial to my self defense claims… First
off it amazes me as how the State was able to convince the judge that Mr.
Boyd’s criminal history of multiple unlawful carrying of weapon charges along
with six aggravated robbery with deadly weapon charges were not relevant and
were prejudicial to my self defense claims.
I
will tell you why the D.A.’S office did not want the jury to hear of his or
Mr. Clark’s criminal history’s because there is no way they would have found
me guilty. But if my attorneys would
have been on top of there jobs and just read the supplementary Police report
from the San Antonio Police Department by Detective T. Matjeka badge # 2353 and
Sergeant E. Well of homicide. And
called, Knowles Edward Ray, as a witness on my behalf, this is what the jury
would have heard about 15 year old Patrick Clark.
Also he would have been able to open the door on Samuel Boyd and his
criminal history as they were friends. Here
is what Mr. Knowles had to say in his statement to Detective T. Matjeka:
Statement:
1.)
Knowles, Edward Ray B/M
09/05/75
240
Longview
. This person was with Patrick Clark
before the shooting and was at the club with the complainant before the shooting
and witnessed a disturbance between the complainants and the actor.
He was not at the club at the time of the shooting.
_____________________________________________________________________
At
2330 hrs.. I received a call from Night CID.
They informed me that Eddie Ray had been contacted by Sutton Homes
Security and had agreed to come to the station to give me a statement.
I returned to the station and contacted Eddie Rav..Eddie Rav’s real
name is Eddie Ray Knowles and he agreed to give me a statement about what he
knew about the complainant’s murder. He
told me on the night of the murder he had been in the Sutton Hones with Patrick
Clark, Shane Clark, Tridell Robinson, Eddie Cruz and a girl named Mary.
He stated he left with Eddie Cruz and went to Randy Davis’ house.
A short time later
Clark
came over claiming the police had beat him up and he asked Knowles for a gun.
Knowles refused and Clark left with a girl named Marian, going back to
Sutton Hones Knowles returned to Sutton Hones and again spoke with
Clark
. It was
Clark
’s idea to go to the Wheels of Joy Club.
Knowles
stated they went to the club and while they were there he saw Frank Mackey (Also
know as Frank Moore) talking to some girls.
Knowles knows Mackey and claimed they talked about the old times and he
shook hands ith him. He said Mackey
also shook hands with Clark and Ernest Bedford, who was also at the club.
Knowles said that Clark was getting gin from some guy in the club and he
saw
Clark
inside talking to Boyd.
He
said that
Clark
started talking crazy and getting aggressive, but they calmed him down.
Clark
became aggressive again and Knowles said he decided to leave and get something
to eat. He stated that he and
Tridell Robinson and Chuck Rhodes left and went to Taco Cabana on Walzem. After
eating
Rhodes
asked Knowles to go back by the club because he was worried.
As they arrived they saw the shooting had occurred.
Knowles said that Tridell Robinson spoke to two guys in a car and one of
the guys told him that Frank Mackey had shot the complainants.
I asked for the name of the man who told this to Robinson and he told me
it was Edmond Davis who said it.
At
neither trial were Mr. Knowles called, so the jury’s were never able to hear
of Mr. Clark’s actions leading up to me killing him that night or his actions
before coming to the club that night. And
how he was acting at the club and the way he was being aggressive with me at the
club before the shooting took place.
Now
let’s get to Ms. Angela Wallace, the State’s star witness who testified at
both of my trials for the State. She
stated that she did not see Mr. Clark or Mr. Boyd drinking at the club that
night, but we know both of them were acutely intoxicated that night at the times
of their deaths. From reading the
deputy medical examiners testimony at my trial, and from reading (page one) of
this story, also that Mr. Clark was getting (gin) from some guy in the club that
is from Mr. Knowles statement. So
she lied about them being drunk. She
also lied under oath at both trials not only about them drinking and acting
crazy at the club that night. She
also lied to the court and jury about Ivory Sheffield, giving me the riffle that
night. Because on page 12 of 26 in the supplementary police report Ms.Wallace
states to Det. T. Matjeka Badge # 2353 and homicide Sgt
Ewell as reads in her interview below.
San Antonio
Supplementary Report
Police
Department
SAPD forn 3=L rev. (9-90)
______________________________________________________________
Officers
Making Report No. 3 Approving
Authority Unit Assigned
to follow up
Det.
T. Matjeka 2353
Sgt. Ewell
Homicide
_____________________________________________________________________
Interview
with Angela Wallace:
After
the shooting the actor handed the gun to the black male who tossed it him and
then fled in a dirty brown Cadillac with a leather top. She stated that she and
Davis left and picked up the complainant’s relatives and brought them back to
the scene. I showed Wallace the
photo line up containing the actor’s picture and asked her if she recognized
anybody. She pointed to the
actor’s picture and told me that was Frank, the ma who had shot the
complainants. I showed Wallace the photo line up containing the picture of Ivory
Sheffield and asked her if she recognized any of the men.
Wallace was unable to identify anyone in the line up. Wallace signed,
dated, and placed the time on the back of the actor’s picture at my request.
San Antonio
Supplementary Report
Police
Department
Page 12 of 26
Offense Classification
Capital Murder
Now
that you have read her testimony from page one and now her statement to Det. T.
Matjeka and Sgt. Ewell, along with Mr. Knowles, and also Robert Mays testimony
at my trial which contradicts what she said that happened that night.
And
let me ask you this, she states she new no one at the club that night, that she
was in
San Antonio
to attend the funeral of her uncle. But
in her testimony she testified that she and a friend named Lisa went to the ice
house across from the Wheel of Joy Club. Now
follow me on this, Mr. Boyd was Lisa’s boyfriend so who’s side to you think
she is going to take in this situation? She
also testified that Ivory Sheffield threw the riffle to me, but once again we
know she is lying because Robert Perry Smith also gave a statement to Det. T.
Matjeka and Sgt. Ewell in the supplementary Police report that he handed me the
gun.
7.
Smith, Robert Perry: B/M
06/20/77
8726
Five Palms… this witness admitted to handling the rifle to the actor, at the
actor’s request, before the shooting. He
denied seeing the shooting but heard the shots.
He positively identified the actor in a photo line up.
(Statements taken)
After
reading pages one threw three, I would like to state again that the 12 people on
my jury never heard any of this information or any of these statements that was
made to the police, which would have contradicted everything Ms. Wallace got up
on the stand and under oath to tell the truth and nothing but the truth.
But
what did she do? She lied and now I
sit on death row because my lawyers didn’t do their job.
Where is the justice in that? And
also think about this, Ms. Wallace has been able to get up in front of a jury
and tell these same lies not once , but twice.
After a lot of research and had work by people who support me in this
fight for my life and justice, I was able to find these statements that would
have helped me win this case if my lawyers had done their job, but they didn’t
do a pre-trial investigation into these men or other potential witnesses, need I
say more? No, but I will leave you
with these last words, “How can a lawyer whose job it is to defend you life
and freedom and bring you justice in a court of law, not know of these police
reports”? Were they withheld by the state? I don’t know because it was eight
years after my first trial that I learned these statements were made because I
would have made sure these people were called to my trial.
At
the moment, three new witnesses have come forward and once again contradicted
Ms. Wallace’s testimony. You will
be able to read each sworn statement as they were given they will be attached to
my story for your reading.
Let
me tell you a little about myself, by no stretch of the imagination am I a
choirboy of a human being. This is
what the state used to convict me. Yes
I was a drug dealer and a gang member also when I was younger, but none of this
had any thing to do with me killing those two young men, it was a case of do or
die that night. The state made sure
that the jury new I was a drug dealer and gang member and of my past criminal
history, but at the same time as you have read, they made sure the jury didn’t
hear of their criminal history.
With
the three new witnesses coming forward and giving sworn statements to what
happened that night. David K. Sergi
& Associates, along with David Dow of Texas Innocence Network have filed a
subsequent Application for Writ of Habeas Corpus and requested for Stay of
Execution. On my behalf as of the 18th
November, 2008 at this time the Court of Criminal Appeals of Texas has not ruled
on it.
Before
I end this I would like to thank Mr. Flowers and Mr. Neal, along with Ms.
Sullivan for coming forward and telling what they saw that night.
And I would also like to give thanks to god for answering my prayers in
giving these people the strength to do what they felt was right after reading
about my pending execution.
I
also would like to say God bless you to all the special people who have
supported me in my struggle for my life and freedom over the years starting with
my moms – Mom-Z as we call her, you know you are loved and appreciated by me
always. To my wife Danielle Moore,
for you’re love and support as I sit in this cage 22 hours a day.
To Ann for the love and support she gives. To Roxanne and family.
To my uncle Mox, for keeping it real at all times.
Also, to Lillian and Ruby along with the cat family, lol…
My
sister Alison ad her family, love you… To
my brothers and sisters and kids who have kept it real with me, I love you, you
know who you are. And finally all
the supporters I didn’t mention.
