What DA And HPD Knew, But Mamou And Jury Didn’t

What happened after the shooting on Lantern Point Drive?  Witnesses testified Charles Mamou’s driver left without him.  He then jumped in their blue Lexus with Mary Carmouche in the backseat and fled the scene.  Mamou has always maintained he followed his driver, Samuel Johnson, back to an apartment complex where he was staying and where the Lexus was found by police with a flat tire.  Witnesses have also put Samuel Johnson driving into the parking lot prior to Mamou, although the jury never heard that.

Samuel Johnson supported the D.A.’s version, testifying Mamou drove away from Lantern Point and Johnson simply went home to sleep after the shooting, never speaking to anyone.  Contradicting that testimony and unknown to Mamou or the jury, an HPD investigator faxed phone records to the District Attorney’s office indicating Johnson used his cell phone at 2:37 a.m. to call Howard Scott’s apartment – another individual witnessed in the parking lot that night. 

Early in the investigation detectives heard the name Shawn Eaglin and were so interested in his involvement, they placed him in a photospread.  (HPD Incident Report Supplement 9). 

Eaglin’s name surfaced multiple times in witness statements. One witness described investigators going to Eaglin’s home, “Last night while we were at my father-in-law’s house, Shawn Eaglin came to the house.   While Shawn was there, we discussed the homicide division coming to my job, my apartment, Ced’s job (Ced is Shawn’s little cousin) and Shawn’s house.”

The witness continued, “At this time, Shawn stated that he needed to check on a friend of his by the name of Bug.  I then asked Shawn why did he have to check on Bug [Samuel Johnson]?  He never answered why.  I asked them who did they know with a red Intrepid car.  Shawn started to answer me, but then he said, ‘No, I better not.’”

Detective Novak, in his testimony, referred to Shawn Eaglin as the third individual he was looking at as a ‘potential suspect’.   

Q.  At a later time did you look for more than one individual other than Mr. Mamou?

A.  Yes.

Q.  What is that person’s name?

A.  We – there was an individual that –

Q.  Can you just give me his name?

A.  Terrence Dodson.

Q.  Other than Terrence Dodson and Mr. Mamou, was there a third individual you were looking at as a potential suspect?

A.  Shawn Eaglin.

(Volume 18 of the Reporter’s Record at page 189)

Detective Novak had a thirty year career with HPD at the time. He described Shawn Eaglin as a potential suspect, yet there are no records of any interviews with Eaglin.  According to Samuel Johnson’s testimony, Eaglin was responsible for connecting him with Mamou.

Q.  Where did you meet him?

A.  I met him at a friend of mine’s.

Q.  And this friend’s name is what?

A.  Shawn Eaglin.

Q.  Shawn Eaglin?

A.  Right.

(Volume 19 of the Reporter’s Record at page 17)

Q.  And where was it that you first met Mr. Mamou?

A.  Shawn Eaglin’s home.

Q.  And this is the same home that you just referred to as off of West Airport?

A.  Right.

Howard Scott, the man who’s apartment Charles Mamou stayed in, was transported to HPD for a statement on Tuesday, December 8, 1998.  That statement is not in the Incident file so we may never know what Scott told investigators that day, but Scott also mentioned Eaglin in his testimony.

When asked about the first time he met Mamou,

A.  Through a mutual friend.

Q.  And that being who?

A.  Shawn Eaglin.

(Volume 19 of the Reporter’s Record at page 123)

Q.  How long have you known Bug (Samuel Johnson)?

A.  Just a few years through – like I said, I met him through the same person, Shawn Eaglin.

Q.  Shawn Eaglin?

A.  Yes, sir.

(Volume 19 of the Reporter’s Record at page 126)

Q.  From between that first time and December 6th, how many other times do you meet him or see him?

A.  Just a few other times.  Like I said, at Shawn’s house we met.  You know, that’s it.

Q.  So – and this is before the time that he comes and stays at your house?

A.  Yes, sir.

(Volume 19 of the Reporter’s Record at page 132)

Q.  So, we get through Friday.  Now Saturday, are there people coming over to your apartment while he’s there? 

A.  Yes, sir, Shawn and, you know, just mutual friends that come over from time to time.

(Volume 19 of the Reporter’s Record at page 139)

Q.  You ever meet a fellow by the name of Samuel Johnson?

A.  No, sir.

Q.  That’s a person they’re referring to as Bug?

A.  No, I know Bug.

Q.  Did you know Bug before you met Mr. Mamou?

A.  Yes, sir.

Q.  How you been knowing Bug?

A.  Through Shawn, the same person.

(Volume 19 of the Reporter’s Record at page 140)

Specifically describing the night of December 6, 1998, and the apartment complex, Howard Scott testified,

A.  We are outside on the front porch.

Q.  You said, ‘we’re’.  Who is the group?

A.   It was me, Ken, Shawn and that’s it. 

(Volume 19 of the Reporter’s Record at page 147)

Q.  Any discussion going on between you and Shawn?

A.  No, sir.

Q.  Are you making any comments to any of the people that – your company there – that Chucky and Bug been gone for a long time?

A.  No, sir.

(Volume 19 of the Reporter’s Record at page 148)

Scott is specifically asked about his phone.

Q.  So are you awoken by telephone calls even after you go to bed?

A.  No, sir, no more phone calls.   After awhile it wasn’t no more phone calls. 

(Volume 19 of the Reporter’s Record at page 149)

Q.  Is that because you pulled a plug out of the phone or –

A.  No, it just stopped ringing. 

(Volume 19 of the Reporter’s Record at page 150)

According to a fax sent to the District Attorney’s office from HPD while the court proceedings were underway, Howard Scott’s phone was ringing that night.  That information was not shared with the jury or Charles Mamou.

Howard again refers to Shawn Eaglin being at the apartment complex that night.

Q.  Mr. Scott, you talked about Shawn Eaglin being there at your house with his kids for a while, and then he left. When Shawn came back around midnight or a little after, how long did he stay before he left again?

A.  I guess about thirty to forty minutes.

Q.  So, he left again about 12:00, 12:45 or 1:00 o’clock?

A.  Yes, sir.

(Volume 19 of the Reporter’s Record at page 152)

Repeatedly, Shawn Eaglin is placed at the apartment complex that night.

Q.  Well, when Shawn is there, I mean, is it right at midnight?  It is 1:00 o’clock?  Do you know what time it is?

A.  I can’t recall the time. 

(Volume 19 of the Reporter’s Record at page 153)

Q.  So, it could have been anywhere from about midnight to 2:30 in the morning?

A.  Yes, sir, could have been.

Q.  And when you say he then leaves, do you say good-bye to him at your front door and you close the door and go back to bed?

A.  Yes, sir.

Q.  So you don’t actually see where he goes to at that point?  He’s not inside your apartment?

A.   No, sir.

(Volume 19 of the Reporter’s Record at page 153)

Court testimony wasn’t all that indicated Shawn Eaglin was at the apartment complex that night.  A Yellow Cab employee was called to the stand during the trial and questioned about a call the company received that night.  As an exhibit, he brought with him a printout from December 6, 1998.

Q.  Let me hand back to you Defendant’s Exhibit No. 9.  With regard to the call that is reflected at the bottom of that sheet, again, the location where the call was made to the cab driver that went out to a location, what location did he go to?

A.  He went to 10800 Fondren.

Q.  Was there a particular apartment unit number?

A  He was given Apartment Number 1402. (Howard Scott’s apartment number)

Q.  And the name of the caller?

A.  The caller said his name was Shawn.

(Volume 20 of the Reporter’s Record at page 134)

The prosecutor did his best to discount that testimony and exhibit.  He questioned the Yellow Cab employee about many things.

Q.   And there is no indication by that record that anybody went to Apartment 1402, is there? 

A.  No.

Q.  In fact, they went to a big box?  Isn’t that what there is a notation at the side and—

A.  The directions say, yes.

(Volume 20 of the Reporter’s Record at page 136)

Q.  Okay.  So when a person calls in you don’t know if they’re giving you the apartment number they’re in or they’re just giving you an apartment number?

A. That is true.

(Volume 20 of the Reporter’s Record at page 136)

Q.  I understand you assume.  Now it says a name there, Shawn. Do you know how many Shawns live over in the 10800 block of Fondren?

A.  No, sir.

Q.  Do you know who that Shawn is?

A.  No.

(Volume 20 of the Reporter’s Record at page 138)

Charles Mamou has maintained he drove the Lexus from the drug deal to the apartment complex.  He also said he later saw Shawn Eaglin leave Howard Scott’s apartment and get in a Yellow Cab vehicle.  There is very little evidence in this case, but the little there is, is consistent with Mamou’s recollection of events.

The D.A. tried to call into question the reliability of the Yellow Cab report, and even asked about how the phone number was recorded – which turned out to be caller I.D.  The prosecutor did not ask the witness about the particular number itself or share what was known about the phone number on the report.  The jury never knew, nor did Charles Mamou, that the phone number requesting the cab came from inside Howard and Robin Scott’s apartment, which is consistent with exactly what Charles Mamou said he saw twenty years ago. 

The jury was also not told Shawn Eaglin lived five minutes from Howard Scott’s apartment – the exact amount of time the taxi’s meter was running, from 4:04 a.m. until 4:09 a.m.

Harris County dominated the field when it came to racking up death sentences, and Lyn McClellan was an MVP.  The case he built against Mamou was built on one man’s statement – a statement investigators knew didn’t match up to actual events and described a confession in a phone call from Louisiana when Mamou was actually in Houston. 

It appears anything that contradicted that statement either didn’t make it into the file or was removed, and anything investigators or the D.A. knew that contradicted that statement – was not shared with Mamou or the jury. 

The fax HPD sent to the D.A. didn’t just contain a record of Samual Johnson’s calls, it also showed phone calls from Shawn Eaglin. 

There is not one record of any interview with Shawn Eaglin in the case file.  He was at one time considered a suspect.  He was present on the night in question. He was described as talking about investigators going to his home in a witness statement.  He had his name on a cab report for a cab ordered from inside Scott’s apartment.  He was referred to by almost everyone involved as the party that introduced them all.  His name, ‘Shawn’, is handwritten several times in the HPD file.  And he was calling Howard Scott as late as 3:12 a.m. on a Sunday night – the jury never heard that.

There comes a point when sloppy record keeping turns a corner…

Like any record of an interview with Howard Scott at HPD on Tuesday, December 8, 1998, there are no records of any interviews with Shawn Eaglin.

Anyone with information regarding this case can contact me at kimberleycarter@verizon.net.  Anything you share with me will be confidential.

All related posts detailing all I have learned over the last two years are available at Charles Mamou.

TO CONTACT CHARLES MAMOU:
Charles Mamou #999333
Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351

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My Life

Born a ghetto child,
‘9th Ward’.
Why do I smile?
I still have dreams,
Owning a house on Miami Beach.
I had two close homies back in ’94,
But now both are deceased.
Look in my eyes,
See what I see.
Trust me,
It’s not pretty.
This is raw, reality T.V.
Up-close and personal.
My sights set
On the finish line,
But I’m so far behind.
I’m damn near outta time.
What is life really?
Do I have purpose here?
I thought I did
As a kid
Until my first crack sale
Down in New Orleans.
Being the crack dealer
And not the crack fiend
Was my ‘Amerikkkan Dream’.
Go ahead and laugh!
I ain’t mad.
But I am mad
I grew up without a Dad.
I’m sad because Dude ain’t never tried
And I’m confused because Dude is still alive.
Hell no, I ain’t gonna cry!
I’ve been through worse
Shot 3 times with a 9.
Laid in the hospital bed 6 days
Almost dead,
IV’s and nose tubes.
The first 4 days I didn’t have a clue
Who was you.
So come on
Walk in my shoes for only 1 day.
I wish you would.
Nah, young Homie,
I don’t think you could!
Let me tell you
Growin’ up in the hood
Ain’t all good.
Forget about dat shit
Your favorite rapper say in his song.
For this right here is a REAL LIFE POEM!

ABOUT THE AUTHOR. Mr. La Caze – A.K.A. PrimeTime – was moved off Death Row not long ago, and he continues to maintain his innocence. His writing feels deeply genuine to this reader, and I hope to see more. Rogers LaCaze can be contacted at:
Rogers LaCaze, Sr. #356705
CBB L/L L.S.P.
Angola, La. 70712

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Deck Stacked In Mamou Death Sentence?

Charles Mamou, among 48 Texas inmates sent to the state’s Death Row in 1999, has always maintained his innocence. At first glance, forty-eight sounds like an impossible number, but a closer look brings into question the integrity of the system.

Investigators knew the evening of December 6, 1998, began with a drug deal gone bad, and they got the name of Charles Mamou from two men who later testified they planned to rob Mamou that night.  That same week, on Wednesday, December 9, during the second interview of a woman named Robin Scott, police learned Samuel Johnson was Charles Mamou’s ‘driver’ for the drug deal gone wrong.  According to Scott, her husband told her, ‘Bug (Samuel Johnson) drove off in his car, leaving Chuck behind.’  (HPD Archived Incident Report 156416498, Supplement No. 11)

Later that same day homicide detectives picked up Samuel Johnson at his apartment and brought him to the homicide office where a written statement was taken. In his statement, Johnson described the evening as more of a social event, riding around and meeting up with people – not a drug transaction in the making.  According to Johnson, and in contrast to the testimony of all surviving witnesses, Mamou drove away without him.  He then went home, went to bed, and heard about the incident the next day on the news.

“When I saw this on the news, I couldn’t believe that Chucky would do something like this.  I was scared and I was shocked and this is the reason that I did not tell anyone.” – (HPD Archived Incident Report 156416498, Supplement No. 12)

Samuel Johnson’s shock at the news of what took place and his apparent mistaking a drug deal for a night of innocent socializing are all that is recorded in the police department’s Incident Report regarding his involvement.  Much like the other individuals involved that night, it appears Johnson was not charged with anything in relation to the death of Mary Carmouche or the drug transaction, although his memory of what happened that night is in sharp contrast to what several other people recall. 

According to the testimony of Dion Holley and Kevin Walter, Samuel Johnson drove away and left Mamou behind on the alley.  According to the statement of Robin Scott, she was told ‘Bug drove off in his car, leaving Chuck behind’.  According to Charles Mamou, Samuel Johnson pulled off in his car – and he jumped in the Lexus that held Mary Carmouche and fled the alley, returning to the apartment complex where all the involved individuals were located and where the Lexus was ultimately located by police with a flat tire – one of the few pieces of actual physical evidence.

Samuel Johnson also said in his statement to police that he never again saw Mamou or the Lexus after driving away from the shooting.

Johnson’s statement doesn’t just contradict the recollection of others, he also contradicts himself in his testimony, describing the innocent night of socializing differently in the courtroom.

Q.  And what did he tell you he wanted to do?

A.  He was going to buy some dope.

Q.  And wanted you to take him to the location?

A.  Right.

Q. And what were you going to get out of the deal?

A.  I was going to get something out of it.  I don’t know how much. 

(Volume 19 of the Reporter’s Record at page 24)

Q.  Tell the members of the jury exactly what it was that y’all were going to do.

A.  Go buy some drugs.

(Volume 19 of the Reporter’s Record at page 68)

Q.  Did you have some agreement with Mr. Mamou to engage in some type of illegal conduct?

A.  Yes.

Q.  You knew full well when you left to go and, in fact, throughout the day when you’re with him, that you were going to engage in some type of illegal conduct.

A.  Yes.

Q.  And you realized that conduct was a felony, correct?

A.  Right.

Samuel Johnson also testified regarding what he would do if something actually ‘happened’.

Q.  And do you keep your eyes on them the entire time, or are you doing other things?

A.  I’m keeping my eye on them at all times.

Q.  Making sure that nothing happened?

A.  Yeah.

Q.  What were you going to do if something happened?

A.  Probably would have left.

Q.  So, if something had happened right there, your response would have been to leave and leave Charles and Terrence there?

A.  Yeah. 

(Volume 19 of the Reporter’s Record at page 74)

Something did happen.  The deal ended in gunfire with one man dead. 

Samuel Johnson also testified regarding his own credibility.

Q.  And I just want to make sure we understand something; because when you talked to the police, you told them a bunch of lies, didn’t you?

A.  Yeah.

Q.  And yet, the lies that you tell them, they’re being told after you’ve been arrested, correct?

A.  Right. 

(Volume 19 of the Reporter’s Record at page 98)

Q.  Yet when you talked to the police, you lied about – or you say now that you lied about the Lexus’ hood being up?

A. Right.

(Volume 19 of the Reporter’s Record at page 100)

Samuel Johnson’s testimony did mirror his original statement in one aspect.  He clearly indicated in both that he went ‘directly home’.  The shooting on Lantern Point took place at around 12:00 midnight, which would have him back at his apartment on Fondren at around 12:30 a.m. on December 7. 

Q.  You go directly home?

A.  Yeah.

Q.  You tell your wife what happened?

A.  No, she was asleep at the time.

Q.  Pretty exciting events in your life, isn’t it? 

A.  Very exciting.

Q.  You just get in bed and go to sleep?

A.  No, I took a shower.

Q.  Took a shower, and then got in bed and went to sleep?

A.  No, opened me a can of soda and went to bed.

Q.  Talk to anybody that night?

A.  No.

Q.  Talk to Robin or Howard Scott at any point after that?

A.  No. 

Two witnesses, in two separate interviews, have described Samuel Johnson driving into the apartment complex where the Lexus was found, followed shortly after by the Lexus with Charles Mamou – a little after midnight.  Those witnesses appear to support Charles Mamou, who has always maintained he fled the drug deal shooting and followed Samuel Johnson back to the apartments.    

It’s unclear what, if anything, the Houston Police Department may have pursued.  There are references to interviews, which include references to a written statement made by Howard Scott on December 8 among others, but no actual record of vital interviews.  After in-person, as well as telephone inquiries with the records department at HPD, I was told by one employee that not all the material gets put into the file.  It’s unclear who decides what gets included.

In 2007 a private investigator, Carl Deal, who reviewed the case files noted, “Further, Samuel Lee Johnson, Jr., who was present during the shooting, who was the driver for Charles Mamou to the drug deal, provides a substantially false statement to police regarding the facts of the shooting.”

He goes on to say, “Samuel Johnson was not prosecuted and later became a witness on behalf of the state.  Statements, recordings of statements, kinesic interviewing assessments of suspects and witnesses that depict the fine details of the original transaction and exchange of violence, as well as the disposition of Mary Carmouche in the two days that followed the shooting remain unresolved and unannounced.

“In short, standard police protocol requires that when police receive information, the motive for providing the information must be investigated as well.  And then the truthfulness of the statements should be assessed through efforts at corroboration. All statements should be recorded in writing, tape recorded or video-taped – and police investigators should be making professional judgments in this process based upon their experience in the signs and symptoms of deception, speaking as to whether statements are credible. 

“A series of witnesses – key among them being Samuel Johnson, provided statements to police and then undoubtedly later to prosecutorial investigators or attorneys which are not present in the investigative file.”

Samuel Johnson’s testimony seems to confirm Mr. Deal’s opinion regarding follow-up interviews.

Q.  The only persons you’ve spoken to about this case since December 6th of 1998 have been police officers  and prosecutors, correct?

A.  Right.

Q.  And how many times have you met with police or prosecutors since December 6, 1998?

A.   Numerous times.

(Volume 19 of the Reporter’s Record at page 50)

Moreover, the proceedings for Charles Mamou’s whirlwind capital murder trial began on September 7, 1999.  Actual testimony began on October 4, 1999.  Unbeknownst to Charles Mamou – or the jury – Officer Bob King at HPD faxed information to Lyn McClellan at the prosecutor’s office on September 24, 1999, after the trial was underway.  Included in that fax were the detective’s handwritten notes documenting Samuel Johnson placing a call to Howard Scott’s apartment at 2:37 a.m. on the evening the events took place.  The jury and Mamou only heard Johnson clearly testify that he went straight home and to sleep – talking to no one.  The prosecutor heard the same thing, but failed to share with the jury or Charles Mamou the fax he received indicating Samuel Johnson wasn’t actually asleep – but dialing his cell phone and trying to contact Howard Scott at 2:37 in the morning.  The phone call he made was from his cell phone – not his apartment’s landline.  He could have been anywhere. Unfortunately, the jury was never able to hear Johnson be questioned regarding that phone call because Mamou never knew it happened. Legal? Maybe – I’m not an attorney. Moral and ethical – I’d have to say, no.

The prosecution wrapped up its case with a powerful attack on Mamou’s character, including accusing him of an unsolved murder months previous that he was never charged with, nor given an opportunity to defend himself in.  That case is unresolved to this day but it was used as a tool to sentence Mamou to death.

In addition to Samuel Johnson’s phone call that night, the prosecution also knew ‘hairs’ and ‘trace evidence’ were collected at the time of the victim’s autopsy.  Charles Mamou only learned of the phone call and untested evidence in 2019.

According to his testimony, Samuel Johnson worked for Orkin, treating homes throughout Houston.  He described the area he worked in as the west side, out towards Katy and the southwest part of town. 

I tried to contact Samuel Johnson in preparing this post. He did not respond to my request.

Anyone with information regarding this case can contact me at kimberleycarter@verizon.net.  Anything you share with me will be confidential.

All related posts are available at Charles Mamou.

TO CONTACT CHARLES MAMOU:
Charles Mamou #999333
Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351

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Oh, To Have A White Picket Fence…

Most of my life I tried to rationalize my circumstances, believing things would be different if I had been given the ‘White Picket Fence’ dream.  Instead – I’m a product of my environment.  I grew up in a community plagued by gangs, violence, drugs, and HIV/AIDS.  It wasn’t until I met my friend, Scott Moore, I was able to accept the path I carved out for myself.

Scott literally had a white picket fence around his home, a home fully paid for by his thirtieth birthday. He married a preacher’s daughter, and they have three beautiful children.  His grandparents owned a farm, and his eyes light up when he shows me photos of riding horses with his big brother.  He lived a life I wish I had, and yet he’s two cells away in this hellhole we call prison.  I didn’t understand why.

It wasn’t until the day I sat listening to one of his stories about being a cable guy in East St. Louis that I found the courage to ask how he ended up in this place.

“Well, Alex,” he said, “Heroin is how I got here.”

It all started when he was just a kid, and his parents got divorced.  His older brother processed the divorce with great difficulty.  Scott was able to bury his feelings, but his brother turned to drugs, and it led to an opiate addiction.  While his brother was entering in and out of prison, Scott was able to finish high school and found a high-paying job.  He kept it together on the surface, believing he had overcome his parents’ divorce, and he couldn’t empathize with his brother.  He would even go out of his way to put him down, hoping it would help him get his act together.

Things were fine in Scott’s life until one day when he went to visit his mom at her home.  He found her severely wounded and his brother dead in the basement.  It’s easy to see when Scott talks of this storm in his life, that it haunts him.  After he dialed 911 he grabbed his brother’s pills, and his own addiction began. 

He watched his mother have three surgeries on her brain and steel plates inserted to support the damage to her skull. The pills had a numbing effect, and he took them to keep his heart from continuing to ache. When his mother came out of that first surgery, he was the one who had to explain to her that her oldest child was no longer alive.

The pills led to abusing heroin because it was easier and cheaper to score, and his life spiraled out of control. He alienated himself from his family, and the relationship he had with his wife and kids suffered.  He lost his job.  Eventually, he was arrested for first degree murder in Madison County.

I’ve been around plenty of heroin addicts, but Scott is not a person who fits the criteria of the average addict.  Instead, I see someone who did not know how to deal with a crisis and sought to remedy it the way his brother did, a brother he could no longer turn to.  I see someone trying to sweep up the remaining pieces of his life by righting his wrongs.  I see someone who longs to be with what’s left of his family.  I see a man truly sorry for the choices he made. 

Scott is not only a brother to me and our close knit group of friends, he’s also a mentor in the beloved community we are building within these walls.  When any of us are down, he’s able to lift us up with his light-hearted nature and wealth of pop culture knowledge. When any of us need consultation, he’s available and ready to offer his advice. He gets up every morning using his past as a driving force to make himself and others around him better.

If I had the power and resources to give someone a second chance – this person would receive it.  Without knowing Scott, my own personal growth would be stagnant and incomplete. His story and how he’s endured and overcome his addiction is helping to transform the lives of those around him. No one knows the storms we’ve each been through until we take the time to get to know each other, and if you encounter someone suffering from addiction, I pray you remember Scott’s story. 

ABOUT THE AUTHOR. I’m happy to say Alex Negron is the winner of our first writing contest of 2020. This prompt brought out the advocate in many, and it was heartwarming. If we could all take on the practice of looking out for and speaking up for each other – the world would be a better place. Mr. Negron can be contacted at:
Alex Negron R17084
Stateville Correctional Center
P.O. Box 112
Joliet, IL 60434

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Twenty Years Later Mamou Learns Evidence Existed – And Is Told Window Of Opportunity To Test It Is Closed

In closing arguments, Lynn McClellan fought for the death penalty, assuring the jury that while determining Mamou’s future threat to society, they could consider things they would, “hear about his character”. – Volume 24 of the Reporter’s Record at page 6

Mr. McClellan worked under District Attorney, Johnny Holmes, whose office was unquestionably skilled at acquiring death sentences, putting over 200 people on death row.

Ms. Connors, also during closing arguments, painted a picture for jurors, “And he takes her to Lynchester.  He marches her to the back, and he makes her commit oral sodomy, makes her suck his penis.  Imagine that, ladies and gentleman.”Volume 24 of the Reporter’s Record at page 38

She used multiple adjectives to describe Mamou, arguing, “You know he will be a continuing threat.” 

“He’s vicious.” 

“He’s ruthless.”

“He’s cold-blooded.”

“He devastated and destroyed.” 

The jury was convinced, determining Mamou should be executed, and the media ran with the sexual assault, even though Mamou was never charged with that.

Mamou could not counter the claims.  Unfortunately, although it seemed unusual, the Autopsy Report did not include any mention of a rape kit being collected or any other trace evidence.  There seemed to be no physical evidence found on the victim to aid in the investigation.  Even her clothing was reported to have been in place, including her belt buckle.

Roger Milton was the medical examiner who performed the autopsy and was called to testify at the trial of Charles Mamou.  Mr. Milton described the process of recording his findings.

A.  Well, at the time of the autopsy, everything that we observe, we document on a chart, written as well as a verbal, dictation into a cassette tape.  So, as we observe the appearance of the body externally, we describe it on the tape and continue to describe the entire autopsy. And that tape is later transcribed into a typewritten report form. – Volume 20 of the Reporter’s Record at page 51

Q.  Is the information placed on the report made by someone who has personal knowledge of what they’re observing?  That would be you, correct?

A.  Yes.

Q.  You have personal knowledge.  You dictate your findings into a cassette recorder? 

A.  Correct.

Q.  And it’s transcribed?

A.  Right.

Q.  And after you dictate your findings and the report is transcribed, do you review this report?

A.  Yes.

Q.  And as an assistant medical examiner, do you have care, custody, and control of the records at the medical examiner’s office?

A.  Yes. – Volume 20 of the Reporter’s Record at page 51

According to the testimony, the entire autopsy is documented.  So, when Mamou saw the Autopsy Report, it was apparent there was nothing found that might help in his defense.  The thorough report included six single spaced pages of text describing the process, so detailed it documented where dry skin was located.  What was obtained for toxicological analysis was described.  A Report of Analysis of blood and urine was included.  A seven-page Investigator Report was included which indicated Dr. Carter requested dentals to be done to confirm the victim’s identity. And although Mamou was accused of sexual assault by his cousin during the trial, there was no evidence to support or refute that – because it appeared no rape kit had been collected.  There was no mention of it.

Or so Mamou thought until 2019. It was just last year he learned the Harris County D.A. knew one existed in 1999 and requested it be processed not long before the trial, the results to be forwarded to their office. 

After a records request last year, it was found in Supplement Number 11 of Incident Report 157191298, that on Thursday, July 8, 1999 – a couple months prior to Mamou’s trial – “On this date, Sergeant Foltz received a phone call from D.A. Investigator Al Rodriguez requesting that Sergeant Foltz create this supplement and forward same to the Houston Police Crime Lab. Rodriguez advised the D.A.’s office is requesting that the rape kit obtained by the Harris County Morgue at the time of the autopsy be processed through our crime lab.”

The rape kit obtained at the time of the autopsy… 

For twenty years, Charles Mamou never knew it existed, and less than a year ago he was told it did – and it has been sitting in the HPD Property Room all this time.   

What other information did the rape kit contain that was withheld from Mamou for twenty years?

I contacted the Houston Police Department in an attempt to locate the results of the kit.  I was told rape kit results were not kept in the Houston Police Department files, and upon further inquiries with the police department, I was ultimately told, “The rape kit results are irrelevant.  Mamou was not charged with sexual assault, and he was given all that information during discovery.  The opportunity to test anything is gone.  That window of opportunity is closed.”

I asked the person who told me that if she considered the matter closed, and she replied, “Yes.”

Not to be deterred, I obtained the report through other avenues.  The results the D.A. requested and received twenty years ago included, “Fingernail Scrapings” and “Trace Collection Items”. 

Also reported, “No semen was detected on any items analyzed.”  While the prosecution used ‘sexual assault’ allegations to their advantage – they had this information and never shared it with the jury or Mamou.

The jury and Mamou were also not told ‘hairs were collected from the t-shirt’ of the victim.

According to the report, included in the evidence is a “Plastic Ziploc (sealed) containing, ‘Trace Collection’ items – Not Analyzed.”

The only basis the prosecution had for sexual assault claims was Terrence Dodson’s statement claiming his cousin sexually assaulted and murdered the victim.  As, shared previously, the ‘confession’ Dodson described could not have taken place the way he stated. Yet Dodson’s video statement to police – with all it’s inconsistancies investigators were aware of – seemed to have scripted the prosecution’s entire case.

Charles Mamou is out of appeals and awaiting his execution date. 

Anyone with information regarding this case can contact me at kimberleycarter@verizon.net.  Anything you share with me will be confidential.

TO CONTACT CHARLES MAMOU:
Charles Mamou #999333
Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351

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The Sun Traces The Day

In this prison, the ‘dayroom’ is a common area where all the uncommon souls – the offender population – congregate. Most come to the dayroom to perform all manner of inconsideration, smacking tables with chess pieces, cards, dominoes, and fists of anger.  Some, made mentally ill either by nature or time, wander around letting dead skin fall from their bodies to be swept down one of the many floor drains, until one day they disappear altogether.

The hapless State experiments shuffle about, carrying out a primal social dance, a continuous pecking order struggle to determine who the coolest monkey is.  The players are ever-changing, but the wicked waltz remains the same, and nauseating to witness.  For what humans commonly refer to as ‘lower animals’, there are reasons to build a social hierarchy, their strutting around and exhibiting odd behavior means something exciting or necessary hangs in the balance, such as food and resources or a prospective mate to ensure their genes are passed on and their lineage strengthened.  But in prison we’re all provided the same amount of food and there are no mates to speak of – yet some still try.

The minutes we’re killing while witnessing this horror are marked on an unreliable, cheap Walmart clock on the wall or the bit of light that beams through the barred skylights in the ceiling and shine into our gray tomb.   The sun traces the day on the bare concrete floor and moves across as the hours proceed, a primitive sundial. It’s nine a.m. so the light is about three quarters of the way down the Western wall and will move downward through the day, out across the floor, then up the Eastern wall, following a funeral procession of dead minutes.  The bright sun spot a stoic observer of passive human treachery. 

In the air-conditioning unit, a worn bearing sings a whirring aria, the constant sick hum of poorly maintained machinery raising the overall level of irritation in the homo sapiens exhibit, and a poor, deranged man walks in circles talking to himself.  His name is Melvin, and he’s been here about 35 years. Melvin didn’t kill anyone, but he’ll die in prison.  He signifies what can happen to anyone who has been locked up for a long time.  Melvin walks around like a caged animal and talks to himself.  He sometimes stands in the shower with a t-shirt on and argues with himself for an hour. His body was imprisoned, and his mind followed shortly thereafter. The healthy light has long since been extinguished from his eyes, his pained orbs now cloudy and gray. They could chemically lobotomize him if they cared that he was tortured by his semi-conscious psychosis.  But alas, they do not care.  A chemical lobotomy would only render him a quivering mound of medicated flesh, allowing him to escape the punishment he deserves.  Melvin is sustained by rumors and cheap carbohydrates provided by the State. The rumors are the same as they’ve always been. They go something like, “Take heart for the times they are  a changin’, and the State may be admitting that the current prison model is unsustainable.”  I imagine this gives Melvin hope that he may make it aboard that change train and not have to die in this unholy scab heap.

Melvin often asks me questions and hopes I’ll reply with something to sustain him, but I refuse to provide false hope, it is cruel.  Some laugh at him.  I do not.  I am more concerned than amused.  Melvin has suffered enough, but I am also afraid that with no warning, I will begin to argue with myself. It may have already started, as people say I often appear to be whispering to myself when no one’s around.  Apparently, my lips are always moving, which I had previously been unaware of. I hope its only the monotony affecting me and I’m not losing my mind. These things only exacerbate an already intense feeling of urgency that life is passing me and my friends by.

These friends I’ve grown up in prison with were children when they committed their offenses, but they have since grown into admirable men. The sometimes overwhelming sense of urgency I feel is more for them than myself. I have a light at the end of the tunnel, they do not. I don’t want anyone else to end up like poor old Melvin. I am told that life’s tough, and I can personally attest to that.  Prison life is a bit harder, yet people consistently ask me what prison is like, and all I can offer is this.  If you want to know what prison is, prison is being relentlessly pummeled by the guilt and shame of our offenses and constantly bombarded with the irritation of the aforementioned malcontents, defiling the closest thing I have to a home. It isn’t what some would have you believe.  It isn’t Syria, but it also isn’t a nonstop party with cable TV and catered food.  Its prison… It cannot be romanticized or dramatized because what it is, at its core, is ugly and shameful – a dumping ground for throwaways and undesirables.

If it’s punishment you want… mission accomplished.

ABOUT THE WRITER. Joshua King was the judges’ second place choice in our recent writing contest. He is a talented writer and was also one of a handful of Honorable Mentions in our previous contest. All the writers rose to the occasion for this prompt, and Mr. King was actually the most consistantly voted for amongst the judges, with everyone placing him in their top three. Joshua can be contacted at:
Joshua King #69192
ISCC-F2-28A
P.O. Box 70010
Boise, Idaho 83707

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