I hear talk the death penalty is becoming ‘unpopular’, and before long it won’t exist. It’s just a matter of time before Texas and the rest of the country come to this conclusion.
But from what I can see here on death row, this thing we call the death penalty – legalized killing – is here to stay. It’s economics. People don’t invest money in something that isn’t going to be around for long.
It wasn’t so long ago, I don’t know how much money was spent on putting video cameras all over this building to upgrade security.
Next – the roof was taken up and completely redone.
A couple months ago every shower door was removed and replaced with solid stainless steel doors that were professionally installed. At seventy-two doors, I can’t even imagine what the cost came to.
A few weeks ago, every food slot was removed and replaced with a new one to use a key lock instead of a bar. That’s 504 slots just for this building.
Next, I hear they plan to repaint all the cells – one by
one.
So, you see, it’s hard to see this kind of investment in death row housing unless the death penalty is here to stay in Texas. Actions speak a lot louder than actual words…
An expression of ‘self’, The definition of you. Thoughts and feelings, Your point of view. A reflection of opinion, Your lies become true. Tickled pink, mad, red, Or down and blue. An escape for your emotion, Way to organize your mental commotion. Describe feelings deeper than the ocean, Never use words that exploit erosion. Real, pure and raw, No photos, just what you saw. The needle in a stack of hay straw. Dreams become reality, Reality seems surreal. Don’t just speak, Let your heart spill. The letters of a word express how you feel, Death comes to life, Broken hearts heal. The colorful art of expression, Release of charity and aggression. An opinion or suggestion, Engulfed in confession.
ABOUT THE AUTHOR. Reggie West is serving life without the possibility of parole. ‘Poetry’ is an excerpt from the book he is currently working on. Reggie can be reached at: Reggie West #FE-6643 P.O. Box 33028 St. Petersburg, FL 33733
As revealed in Part I, Kevin Walter, the state’s first
witness, contradicted himself repeatedly on the stand. He agreed when the defense attorney questioned,
“Once some
police detective shows you, tells you about how we’re not worried about you and
this dope case; we’re interested in prosecuting this guy, and that’s the first
time you’ve come forward with information, and you had basically explained what
you testified to on direct examination?”
Walter’s answer was, “Correct.”
Which makes many wonder – what is the value of snitch testimony? Is it valuable enough to sentence a man to death? It wasn’t only testimony that was given by someone involved in criminal activity, but the testimony wasn’t even able to place Charles Mamou at the scene of the crime for which he is sentenced.
According to Kevin Walter’s testimony – he came forward with
information only after he was told they weren’t interested in his dope case – the
interest was in prosecuting ‘this guy’ – Charles Mamou.
Kevin Walter didn’t have anything to contribute to the jury that
could point to Mamou murdering the victim.
But, he was able to testify regarding the drug deal and apparently avoid
prosecution for his involvement.
After his testimony, the state presented some individuals who
came upon the scene of the drug deal gone wrong and some detectives, but no
information was shared that would point to Charles Mamou as a murderer. As a matter of fact, their testimony at times
highlighted the deception of the other states’ witnesses who lied repeatedly
when questioned.
And then Dion Holley took the stand. Mr. Holley was one of the individuals whose role on the night of the drug deal was to rob Charles Mamou, and after testifying against Mr. Mamou, it appears he, also, was never charged with his involvement.
Mr. Holley spoke freely about his participation in a drug
deal and when asked by defense, “What were you going to meet about?” Holley
replied, “About him buying some drugs.”
Holley was asked, “What was your understanding of what was going to happen at Northline?”
“That Mamou was going to trust Kevin Walter with the money.”
Defense, “How much money?”
Holley, “It was supposed to be $20,000.”
Defense, “$20,000.
Trust him with the money to do what?”
Holley’s answer, “To get him some drugs.”
There was no question that the man whose testimony was being
used to convict Mamou of capital murder was very involved in a drug deal and
the events that took place that night.
Mr. Holley was also aware there was at least one gun involved and when asked of his associate in the drug deal, “Now did Terrence Gibson have on – in his possession, a gun?”
The answer was, “Yes.”
Mr. Holley also testified, as did Kevin Walter, that it was Dion Holley, Kevin Walter and Terrence Gibson who went and picked up seventeen year old Mary Carmouche, involving the seventeen year old in a drug deal and planned robbery. It was, according to Holley’s and Walter’s own testimony, their actions that brought Carmouche to a drug deal involving what was believed to be $20,000, a robbery and at least one gun. Again, regardless of their testimony, it appears they were never charged with anything.
Dion Holley also testified to lying to the police, just as
Kevin Walter testified before him. When
asked about talking to the police after the drug deal, “And did you lie to
them?”
“Yes.”
Again, when asked, “Did you – so the time they first came to
talk to you, you never told them the truth about what happened?”
The answer from Holley, “That’s correct.”
Not only did Dion Holley testify to lying when first
questioned by the police, he also testified to lying when they questioned him
again.
“Did the police come back at a later date and talk to you
again?”
“Yes.”
“And were you just as uncooperative the second time they came
as you were the first?”
“Yes.”
“And did you continue to tell them lies?”
And Holley’s answer was once again, “Yes.”
Dion Holley continued to testify to his own lying.
“At any point in time, did you ever tell the police a true
story about what happened?”
“No.”
Again and again, Dion Holley testified to lying. “The State asked you whether or not you lied
to the police when they asked you about the circumstances of this case, and you
admitted lying to the police?”
“Correct.”
“And you always lied to the police about the case?”
“Correct.”
“You’ve never
given them the truth about this case?”
“Correct.”
When questioned about the night of the drug deal, Dion Holley testified regarding his intentions and when asked, “What is your understanding about what your role is going to be in this plan?” Holley replies, “For me to have the drugs.”
The defense asked, “So this is the first time that your friend,
lifelong friend, Kevin comes to you and says, I’ve got a plan; we’re going to
rip somebody off?”
“That’s correct.”
“And that’s okay with you?”
“At the time, yes.”
“Okay. And at that
time, throughout that night, it was okay with you?”
“That’s correct.”
“In fact, you played a major role in making that happen,
correct?”
“That’s correct.”
When describing what he thought was going to take place at
the scene of the drug deal, Holley said, “I thought he was going to hand the
money over to Kevin. We was going to
drive off, supposedly going to get the dope, but just get on the freeway and
leave.”
And – once again – Holley testifies to lying after being
asked, “The story that you told the police later about being boxed in is a lie?”
“That’s correct.”
“And you did tell them that story, right?”
“Pretty much.”
After Dion Holley left the stand, the jury knew that he
testified to lying repeatedly, he was a drug dealer, and he was a key
participant in a plan to rob Charles Mamou at gunpoint if necessary. He also testified that he and Kevin Walter,
another witness for the state, brought the seventeen year old victim to the planned
drug deal and robbery.
Apparently, Dion Holley was never charged for his participation in any of the events that took place.
TO CONTACT CHARLES MAMOU: Charles Mamou #999333 Polunsky Unit 12-CD-53 3872 South FM 350 Livingston, TX 77351
My dad often said, “You do not bite the hand that feeds you.” As a diabetic, I’ve tweaked that to read, “You
do not bite the hand that heals you.”
Anyone who lives in a correctional facility for long will
likely cross paths with a nurse or three before going home. Knowing which hands not to bite could mean
the difference between good health care and, I don’t want to frighten anyone,
but death. Being objective hasn’t always
been easy, but objectivity has kept me from harm for twenty-five years.
The health care system in the world is stressed, and I’m not
going to debate universal health care. I
merely want to weigh in on the people that have – literally – kept me alive and
upright all these years.
Nurses are the backbone, the foundation of a prison unit like mine, and they are overworked, understaffed, underpaid, underappreciated, overlooked and finally – abused too often by the very clients that they are sworn and paid to protect, treat and keep healthy.
As a diabetic, I get to see the prison nursing staff at least twice a day, every day, and have for nearly half my life. I get to see the details, and I get to see both sides of the coin. I’ve been locked away for twenty-five years, and I know who is on my side.
Prison isn’t easy on a good day, but inmates tend to take medical
for granted. Many feel medical care is a
given if they get a scrape or a cold. It
is their ‘right’ to fill out a sick call request, have someone wave a magic wand
over their head and presto – problem solved. I want it now – no, I want it yesterday.
But, for a small measure of patience…
Inmates parade in front of the infirmary all day long, and what they see are nurses and doctors. Some are sitting drinking coffee, some are eating lunch, some are typing on their computers. An impatient inmate only sees the surface, “All they do is sit around and talk, eat and play on the computers.”
Wrong.
What most are doing is taking a break from changing IV’s, filing
nurses notes, answering sick call requests, and dealing with unruly inmates who
actually believe that nurses are overpaid.
During my stay here, I’ve spent time receiving treatment from nurses, requiring antibiotics and IV’s for hours at a time. In those long hours of treatment, I’ve seen them constantly moving and constantly vigilant, trying to figure out who’s sick and who’s crying wolf – trying to deal with the constant mental process of taking care of over a thousand inmates, some really sick, some dying and some just craving attention.
Most of them probably don’t get paid near enough for
that.
In the 25 years I’ve been treated, I’ve never cried wolf. I want these warriors to take me seriously when
I call 911, I want them there to help me.
I don’t want anyone doubting I need their help. I’ve taken the doubt out of the
equation.
The double standard that often drives inmates to insanity –
also goes the other way. Nurses are
people too. Not all good, and certainly
not all bad. They suffer from the same
problems we all do. They have ups and downs and families to support, bills to
pay, relationship to nurture. They’re
human. And, thank God, some of them have
chosen to work in a prison infirmary.
Who among us would choose to talk to, medically review, and treat
inmates – many of whom are assholes – for twelve hour shifts and not develop an
attitude?
Are there bad nurses?
Yes. And there are also nurses who used to be a lot kinder and compassionate before coming to work in a prison. We as inmates have a way of grinding down the very people responsible for our well being, objectivity be damned.
ABOUT THE AUTHOR. John is currently doing a two-year set off, after 25 years of incarceration. He is a frequent contributor as well as author of Life Between The Bars, a unique and heartwarming memoir. His book has been recognized by Terry LeClerc who said, “This book is so good because each chapter is short, has a point, doesn’t whine. It’s an excellent book.” John can be contacted at: John Green #671771 C.T. Terrell Unit A150 1300 FM655 Rosharon, TX 77583
Charles Mamou was sent to death row in 1999, based on a case with no eye witnesses, no DNA, and now weapon. The state needed to present something though, and here is an excerpt from the testimony of the prosecution’s first witness in the case that sent Mamou to death row in Texas:
Q. But at some point, you’re clear thinking; you’re able to tell the police what took place, right?
A. Not as I can recall.
Q. You recall –
A. I could not talk.
Q. That’s why you used the notes to write to the police?
A. I guess.
Q. Then you would know. Were you aware of what you were writing when you wrote to the police?
A. No.
Q. So, you weren’t aware. When is the first time you told them about the good samaritan story?
A. I don’t remember saying that.
Q. You don’t recall telling the police that some guys looked like they were broke down and ya’ll stopped to help them?
A. No.
Q. Are you saying you never told the police that?
A. I’m not saying that either.
Q. Now, was there a point in time when you decided that it was okay to tell the police what had happened once you realized you weren’t going to be prosecuted for anything, correct?
A. Correct.
Q. Is that what caused you to then come forward and say, Here’s how – what I was going to do. Once some police detective shows you, tells you about how we’re not worried about you and this dope case; we’re interested in prosecuting this guy, and that’s the first time you’ve come forward with information, and you had basically explained what you testified to on direct examination?
A. Right.
THE COURT: Approach the bench for a second, please.
That was part of the testimony of the State’s very first witness, Kevin Walter. According to his own testimony, which contradicts itself throughout, Kevin Walter was a participant in a drug deal in which he planned to take money from Charles Mamou and his associates by force if necessary.
Many of the details of the drug deal gone wrong will vary throughout the trial, but everyone agrees that Kevin Walter was involved because he was selling drugs he didn’t have, and planned to take the money in a variety of ways – according to which part of his testimony you choose to believe. Within his testimony, there are so many variations of that night it is hard to know exactly what he testified to.
Ultimately, Kevin Walter got shot during the mutual attempted robbery. None of the parties involved has been charged in that shooting.
As to how the ‘plan’ to rob Charles Mamou began, Kevin Walter testified about a conversation he had with Dion Holley, an associate of his:
Q. How was it that you just came to just hook up with Mr. Holley in November of 1998?
A. Well, when he was shooting basketball, I just asked him did he want to make some money.
Q. Okay. And I take it that Dion was not surprised that you came and asked him if he wanted to make some money?
A. No.
Q. And so, you presented to him what you referred to as the plan, correct?
A. Yes.
So it was in November of 1998, the beginning of a plan was put into motion. The details of the plan are very unclear during the testimony with the most consistency being in the contradictions themselves.
For example:
Q. Tell me what you thought. Did you think Mr. Mamou was a snitch right then?
A. Yes.
Q. Yes or no?
A. Yes.
A few questions later:
Q. You’ve already described why that didn’t happen because you thought he was a snitch, right?
A. No, not really.
Regarding his intent, Mr. Walter stated:
A. Whether he was a snitch or not, I take this money.
Q. So, even if he was working for the police department, you would be willing to take his money from him?
A. Oh, no.
Q. Whatever it takes?
A. Oh, no.
Q. If you knew he was a police officer, you wouldn’t take his money from him?
A. No.
Q. I thought you said even if he was a snitch, you would take his money from him?
A. That don’t mean the police was there.
Q. So if the police weren’t there, you would do whatever it takes to take the money? Fair statement? This is all about you getting twenty grand, right?
A. Right.
Q. How were you going to divide it between you and Holley and Gibson?
A. I don’t know. Once we took the money, we would divide it.
Q. You worry about that later on; get the money first?
A. The main thing was to see the money, count the money.
Q. Take the money. There was a third part to it, right? Right? See the money, count the money, take the money?
A. Yeah.
Q. I believe your testimony when Mr. McClellan was talking to you was the plan was to rob the defendant, Charles Mamou, correct?
A. Correct.
Throughout his time on the stand Mr. Walter’s restates his plan to rob Mr. Mamou. At one point he goes into more detail about the plan:
Q. And when he asks to see the dope, it’s part of your plan to do what? How do you respond? What’s your plan?
A. It’s down the street.
Q. And that was not true, you had no dope, right?
A. Right.
Q. You never had any intention of giving him any dope?
A. Right.
Q. From start to finish, your plan is to rip him off?
A. Right.
Q. At some point, when it’s obvious to you that twenty thousand is no longer an issue, according to your testimony, and it’s only forty-five hundred, you’re still wanting to rip him off even for the forty-five hundred?
A. Yeah.
At one point Mr. Martin seems a little off balance after the defense attorney refers to him, using the word ‘afraid’.
Q. Now through this entire time, you indicated to the jury earlier that you were afraid that this man is going to rip you off, right?
A. Right.
Q. That’s running through your mind the entire time?
A. No.
Q. What?
A. I’m listening.
Q. Is that true?
A. Yes.
Q. And would it be a fair statement that the places where the meetings were taking place up to that point were public locations, open to the public? People could drive by, walk by, see what was going on? Do you understand my question?
A. No, but I was just listening to you say afraid. I never said I was scared.
Q. You weren’t afraid of Mr. Mamou?
A. What you mean by afraid?
Q. Well, what do you mean by afraid?
A. I wasn’t really scared.
Q. You were just going to rip him off?
A. That’s what –
yeah.
During the States’ questioning, Mr. Martin continued to contradict his testimony. He had already testified that he never had a gun, but when describing an earlier part of the evening when it was just him and his friend Dion Holley, he testified:
Q. Was part of the plan to rob Charles Mamou at gunpoint?
A. No.
Q. What was the plan?
A. To take his money and—
Q. How were you going to get him to give you the money?
A. Once we count the money, then we take the money.
Q. Just going to jump in the car and run?
A. No. It was at gunpoint, of course; but it wasn’t no plan.
Q. Pardon?
A. If it was going to be gunpoint, yes, of course, once we count the money.
Q. But Terrence Gibson wasn’t there?
A. No, no, he wasn’t. I didn’t see him.
Q. Did you have a gun?
A. No.
Q. Did Dion Holley have a gun?
A No.
Q. How are you going to do it at gunpoint?
A. I don’t know. I was going to see can I walk away with the money.
Upon recross examination, he was asked about that again.
Q. Your testimony was that if it was necessary at some point to have a gunpoint to force the money, you said that was okay, isn’t it?
A. Yes.
Again, later in the testimony:
Q. And you knew that if it came to gunpoint, then so be it, in terms of getting the $20,000 from Chucky Mamou?
A. Yes.
After the conclusion of Kevin Walter’s testimony, one is left knowing there is nothing certain about what Mr. Martin testified to regarding the night of the drug deal gone wrong. And, the drug deal is all that he was questioned about, not the murder of Mary Carmouche.
It appears that Kevin Martin was not charged for his involvement in any of the events that took place.
TO CONTACT CHARLES MAMOU: Charles Mamou #999333 Polunsky Unit 12-CD-53 3872 South FM 350 Livingston, TX 77351
The guard walked me to the elevator where we joined other inmates and were handcuffed, shackled, and told to stand facing the back – as if we were so hideous our faces shouldn’t be seen. We were then taken to a garage and put in a transport van. It took only five minutes to reach the unloading area of the courthouse.
I was one of the first prisoners led out, handcuffed to three other inmates and taken to the courtroom. I could only hope my attorney had told me the truth…
“All rise!”
Everyone in the room stood, and then sat in unison as the judge said, “You may be seated. Will the defendant please come forward?”
A guard tapped my shoulder, I was uncuffed and walked to the bench. My court appointed attorney met me there, smiled and nodded.
“Sir, do you know why you are here?”
“Yes, ma’am,” I replied.
“And why are we here?”
“My capital murder indictment has been dismissed.”
“That’s correct. Now, I’ve spoken to the DA, and I’ve also spoken to your attorney. From what I understand, you have not been in any trouble in jail. I don’t see any contact with the jail staff.”
“No, ma’am.”
“Sir, the District Attorney has filed a motion to dismiss
the indictment against you for capital murder.
Based on the information I have here, I am going to grant the
dismissal. What this means is that once
the paperwork is processed, you will be released.”
“Yes, ma’am. Thank you,” I was so relieved I almost fell down.
“Now, don’t get too excited,” the judge took off her glasses and held them in her left hand. She paused. “I want to make something perfectly clear. You are getting a second chance. There will not be a third,” she said, emphasizing each important word with her glasses.
“If you come before me with any trouble at all, and I mean any at all, you will go to prison for the maximum amount of time allowed by law. Do you understand?”
“Yes, ma’am.” This time I knew there would be no more trouble. This was going to be the last time I appeared before this judge or any other.
“You are excused,” she said, dismissing me before signing some papers and handing them to one of the guards.
With that, I was on my way out. I didn’t know how long it would take for the paperwork to process, but I knew I would not wake up in jail tomorrow. I was escorted back to the other prisoners and handcuffed at the end of the line. When all of us were taken back to the jail, I was left in the holding area.
‘I can’t believe it! I’m really getting out of here!’ All I could think about was taking a real shower, sleeping in a real bed, and eating real food. I couldn’t wait to get the stench of jail off me. I sat in the holding area for some time, and as each guard passed the window, I was certain it would be the one to bring my street clothes and take me to processing. But each time they kept walking.
Another inmate was brought in. I had seen him in the jail, but I didn’t know who he was.
“Getting out?” asked the stranger.
“Yeah, just as soon as they process my papers.”
“Don’t be in too big a hurry. Probably won’t be till after midnight.”
My heart dropped. How was I going to last till midnight? The other inmate stretched out on a bench and fell asleep almost immediately. Dinner came. I let my new cellmate eat my portion. Even if I did get released after midnight, I could eat then. I couldn’t stand the thought of another bologna sandwich. I dozed off and woke up to the sound of the cell door – sliding open.
A guard walked in and called my name, “Time to go.”
I shook off sleep, walked out of the cell and made my way to the processing area. Another guard handed me a plastic bag that held all the belongings I’d arrived with – my wallet, some loose change, and the keys to Mom’s house. It also had the ticket for speeding and no seat belt. I signed a sheet of paper stating I had received it all. Another guard handed me my street clothes. I changed and made my way down the hall. I came to a stop at a metal door, and someone watching through a camera triggered the door to open. I followed the corridor around to the main desk.
I showed the guard at the desk my paperwork. He nodded, motioned for me to come forward and grabbed my left hand. He marked it with a rubber stamp. I looked down. The mark said ‘Released’.
I smiled and walked the few feet to the front door before taking the final step outside. I wasn’t the person I had been when I got locked up, and I’d never been as excited about anything as I was about starting my new life.
That’s when the banging began. “Offender, are you eating breakfast?!” a guard barked as he hit my cell door with his nightstick.
I glanced at my clock and it read 3:55 a.m. ‘Fuck! It was just a damn dream.’
“No, get away from my door!”
But, it was so real…
ABOUT THE AUTHOR. Roderick Newton spent years on death row, but is now serving life in a Texas Prison. He has been working on his memoirs and can be contacted at: Roderick Newton #1690483 Telford Unit 3899 State Highway 98 New Boston, TX 75570
“I’m glad you didn’t tell me shit about that cause I don’t wanna know shit, I feel better off that way.”
Those were the words of Terrence Dodson, the prosecution’s ‘key’ witness, in a letter written to Charles Mamou while Mamou was incarcerated – and before Dodson testified to Mamou’s ‘confession’. The jury never saw that letter.
Terrence Dodson – an admitted drug dealer who was involved in the planning and execution of a drug deal gone wrong in December of 1998, could not be considered a strong witness in the best of circumstances. He was a drug dealer involved in a drug deal linked to Mary Carmouche’s murder, although it appears he was never charged with any crimes related to the incident after he testified.
In spite of his questionable background or possible motive for testifying, Harris County, Texas, prosecutors presented a case that weighed heavily on the only witness that tied Charles Mamou to the scene of the crime –Terrence Dodson.
Yet, all the while the trial was taking place in 1999 – there was a letter. A letter that was never presented by the court appointed defense during the trial and one the jury never saw. In that letter the key witness wrote to his cousin, Charles Mamou, who was at the time incarcerated, “I’m glad you didn’t tell me shit about that cause I don’t wanna know shit.” Those words were written not long after Charles Mamou had supposedly confessed to him.
The testimony of Terrence Dodson was a key piece of a case built against Charles Mamou that is riddled with more questions than answers. There was no weapon. There was no eye witness testimony. There was no DNA. During the sentencing phase of Mamou’s trial, victim impact statements were allowed from crimes that Mamou was never even charged with.
This all took place in Harris County, Texas – a county with a big reputation for sentencing people to death. In 1999 Texas averaged nearly three executions a month. According to Charles Mamou, the letter written by Terrence Dodson was in the possession of his defense attorney during his trial but it was ‘misplaced’ and not located until after the trial was concluded.
The letter has since been unaccounted for but became available this week and has since been forwarded to Charles Mamou’s current defense.
Hey, lil 11-year old self, it’s me. I’m the 42-year old version of us. I can see you there in the confusion – afraid of what our future holds. You are so handsome.
Soon, you’ll feel she lied to us and broke her promise of forever. Your heart will be heavy, and you’ll stop believing in love. Please – hold on. Don’t let doubt consume us. I’m with you.
There’s something I need to tell you, and you need to be strong. She is dying of cancer. She won’t make it till our twelfth birthday. But there’s something else. You hold a decision – one that will shape the rest of our lives.
Ma’ma has a reason for not telling us. You’ll understand some day. She’s trying to protect us from the pain of knowing, and she can’t afford to spend the little time she has left trying to make us understand. Lil self, she can’t look you in the eye and say she has to break her promise of forever. She’ll never have the nerve. But, she’ll love us until that day.
Everything ma’ma ever said was true. She loved us for her forever. She loved us to her dying breath.
After she is gone, you will lose your light and begin to doubt everything about love. You’ll sink into a world of hurt. I’m writing to warn you. You have to be strong, even when you feel the world is against us and giving up is the only way. Share the hurt with anyone who will listen, as often as possible.
Stay respectful to our grandmother and be patient with our brother. Stay focused in school and never stop learning. Surround us with people who desire peace, love, education, freedom, friendship, home – and those who cherish the moment. We must find out who God truly is and why we are here. What is our purpose, and can we find it?
Lil self, I love you and need you to trust me about this pivotal moment. Your decision is yours to make, but it will affect every version of us. I won’t tell you anymore about our life, other than what I have already said, but know this – no matter what you decide to do in that moment, I have always loved you and always will.
Sincerely, Your Older Self…
ABOUT THE AUTHOR. Bobbie George is not only a talented writer, he has also worked training service dogs during his incarceration.
He’s spent over two decades in prison, but still lives every day trying to be the ‘best version of himself’. He can be contacted at:
Bobbie George #243589 Ionia Correctional Facility 1576 W. Bluewater Hwy. Ionia, MI 48846
ABOUT THE AUTHOR: Terry Robinson lives on Death Row and has always maintained his innocence. He writes under the pen name ‘Chanton’, and it is a true privilege to share his work. He can be contacted at:
Terry Robinson #0349019
Central Prison
4285 Mail Service Center
Raleigh, NC 27699-4285
In 1999, the year Charles Mamou was sentenced to death, Texas performed 35 executions. The following year, they performed 40. The state was and is very practiced at executions – but has it become too easy to execute?
Tough on crime is one thing, execution quite another. There is no do-over. The system is not faultless. Innocent people have been executed, and they will continue to be as long as there are executions. Those mistakes are more likely in a state that gets too comfortable executing. History has already proven that it sometimes doesn’t matter if the cases in question involve minorities or the poor or both.
As Charles Mamou’s execution inches closer, many who have looked closely at his case feel he won’t be executed because he is guilty of the crime for which he was sentenced. Some feel he will be executed because – Texas can.
So, in a year in which Texas averaged about three executions a month, the testimony of a handful of drug dealers who had a lot to gain by pointing the finger away from themselves, sealed the fate of Charles Mamou. They didn’t even have to testify to witnessing the crime. They all had a lot to gain in a capital murder case with the death penalty on the table – and nothing to lose but their integrity.
The night of the drug deal that started it all, Kevin Walter, Dion Holley and Terrence Gibson had guns and planned to meet up with Charles Mamou and his friends to sell drugs – which actually were not drugs. They had nothing to sell. That is why they went to the meeting with guns. Each of the men intended to come away with cash from a drug sale in which they did not have drugs to sell. There is no doubt each of the three – Kevin Walter, Dion Holley and Terrence Gibson – intended to commit crimes that night with loaded guns in tow. They were willing to go to extreme lengths to commit their crimes. They also knew Mary Carmouche was out of sight and in their backseat. Mary would be found dead two days later.
The buyers were to be Terrence Dodson (not to be confused with Terrence Gibson), Samuel Johnson and Charles Mamou. Those three men also traveled with loaded guns and had no cash to make their purchase. It was a drug deal – a crime – in which all parties were planning to come out ahead, with little regard for the others involved. They weren’t there for charitable purposes – and the actions of them all indicated that at that point in time – they were each willing to give up their integrity for personal gain.
Of the sellers that night, Terrence Gibson lost his life. He had a loaded gun and no one was ever charged with his death, and if they had been, there would be a strong argument for self defense.
Dion Holley testified for the State at Charles Mamou’s trial, and it appears he was not charged with any crimes related to what happened that night. The vehicle the sellers were driving belonged to Dion Holley’s mother, and of the scant amount of evidence in this case, Dion’s print was the only one later found in the vehicle. And – it was Dion’s friend, Mary, who was hiding in the backseat of the car they arrived in. Holley testified regarding hearing shots at the drug deal, running, getting shot in the arm, seeing Mamou get in his mom’s car and hearing both cars leaving the scene of the drug deal.
Kevin Walter also testified for the State. It appears he was also not charged with any crimes related to what took place, although he testified regarding the plan he and his friends had to arrange a fake drug deal and rob Charles Mamou of $20,000. Mr. Walter was clear about his understanding of the planned robbery and his participation in it.
Samual Johnson testified for the State. It appears he was also not charged with any crimes related to what took place, although he testified regarding his own involvement in the plan to rob men of drugs and his connection to the crimes. Samual Johnson was the driver of the car that Charles Mamou arrived at the scene in. Charles Mamou was actually from Louisiana, and did not have a vehicle in Texas, nor was he as familiar with the area as the men he was working with.
Terrence Dodson testified for the State, although there was nothing he could testify to that would benefit the prosecution regarding what he had ‘seen’ that night, because he was not at the scene of the drug deal. But, according to court documents, Terrence Dodson was very involved in the drug deal, and it appears he was not charged with any related crimes. But, Terrence Dodson was instrumental in arranging the deal, and also intended to rob the dealers with a gun he had. Terrence Dodson had good reason to be concerned about what he might be charged with for his involvement in the murder, although he was not in the car by the time the deal actually took place. During the trial Dodson testified that Charles Mamou ‘confessed’ to him that he had committed the crime because the victim looked at him ‘funny’. Mamou has steadfastly denied this confession took place.
That is what the State had. That was the closest that they could get Charles Mamou to the actual murder through witness testimony – several young men who all had something to gain by working with the State, all involved in criminal activity, and all with questionable integrity going into the trial. Even with their testimony, which Mamou’s current defense says is ‘riddled with inconsistency’, none of them witnessed anything connected to a murder. Mamou has always maintained that after the drug deal gone wrong, he and Samual Johnson drove back to the apartment complex he was staying at. He was distraught and several other people saw Mary and interacted with her. That was the last night he ever saw her, and she was alive.
Some would say Charles Mamou doesn’t matter, because he was a drug dealer himself. It is correct that Charles Mamou was a drug dealer twenty years ago. Since that time he has spent all his days in a solitary cell on death row in the state of Texas. He’s now in his forties. The chance of him ever resuming a life of dealing drugs is near non-existent – and being a drug dealer is not a crime punishable with death in this country. If it were, the State’s key witnesses would be in neighboring cells.
Logic alone would make one question why Charles Mamou would call up a drug dealer and tell him he murdered someone because they looked at him ‘funny’, when he has steadfastly maintained his innocence.
One might also wonder how Charles Mamou located a deserted home in which to murder a girl in a state he didn’t even live in. The witnesses who testified against him would be more aware of the surrounding area and more capable of accomplishing that.
In the case of Charles Mamou an execution may allow Texas to close a chapter, but his death will not answer the question of who killed Mary Carmouche. There isn’t enough evidence to prove who killed her, and Texas quit looking for the answers soon after the crime took place.
REFERENCE
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. CHARLES MAMOU, JR., vs. WILLIAM STEPHENS, CASE No. 4:14-CV-00403, AMENDED PETITION FOR WRIT OF HABEAS CORPUS . 4 June 2015.