Category Archives: Sentenced to Death

Fallen

It was December 5th, 1998, when I stepped outside of Jimmy’s nightclub at 2 a.m.  The strip was packed with inebriated club hoppers loitering on the sidewalks.  Cars blared their stereo systems, and the scent of ganja lingered in the night air.  With 15 grams of cocaine stashed in my jacket, I decided to head home.  I had no intention of being around when the cops showed. I popped on my headset and bopped to the lyrical testimonies of Tupac Shakur, “Come listen to my truest thoughts, my truest feelings, all my peers doin’ years behind drug dealing…”

Scanning the crowd, I readied for my departure when I spotted a familiar face. “Oh shit! That’s Crip.”

His lean, wiry frame was indistinguishable under baggy clothing with dangling dreadlocks that curtained his face, but I was convinced – the nerve of the guy to show his face.  He and I should not be in the same club scene, not after last week. Confrontation was inevitable. My only advantage was that I saw him first.

I slunk behind a group of people, then hurried across the street. Advancing alongside the building where Crip stood, I drew the 9mm handgun from my waist and chambered a live round. Intended as a last resort, I shoved the heavy steel into my back pocket, and rounded the corner.  There was Crip…

Our eyes locked in a silent exchange that revealed an awful truth – we were both bound by circumstances, and there was no turning back. I lowered my gaze and eased onward, careful not to alarm him. At precisely the moment we stood at arm’s length, I spun, fists clenched, and demanded, “What’s up mutha fucka? Which one of ya’ll niggas shot at me?”

His eyes widened with the shock of being accosted as he raised his shirt and pulled a .357 revolver.  I figured if I went for my own gun now, we would likely kill each other. Instead, I flashed my palms, stepped back, and hoped to dissuade him with an explanation. “What the fuck man? I was just…”

That’s as far as I got before my words were cut short by the sudden jerk of his hand. I turned and dashed for cover, yet there wasn’t any place to hide. Crip thrust the chrome tool at my chest and fired.  POW!

The deafening sound sent shock waves through my body as I stood frozen with fear. My impulse trumped all ability to reason, and I pulled out the 9mm. The Crip I saw now was different, as though he’d undergone a fiendish transformation. His lips were curled in a fierce snarl, and there was confidence in his eyes that pierced. Again his hand snaked forward in a lethal jab. I pointed my gun, desperate to stop him.

Joint blasts amplified the terror between us and sent bystanders scurrying to safety. My legs tore away with a mind of their own as another pop sounded behind me. I squeezed the trigger, but nothing happened. Two strides later, I crashed to the ground, the brutal impact smashing my watchcase and wrenching the 9mm free. My legs felt locked in a whirlwind, yet when I checked them, they were still.

Damn. I was shot.

I struggled to rise, but slipped back down to the crunch of scattered debris. The 9mm laid inches from my face with a spent shell casing lodged in the chamber. I reached for it but faltered, thwarted by sudden paralysis. Then the unexplainable happened.  I began to relive my entire life through a surge of memories and emotions. The sensation catapulted me through a space in time, nearly causing me to forget about Crip.

A swift search revealed that I’d fallen around the corner.  I didn’t know if Crip was even injured.  I expected him to step around the corner and kill me at any moment. Empowered by the urgency to prevent my death, I grasped the gun. With a violent shake, the casing sprang loose and tinged against the asphalt. I rolled and popped off a series of shots in the sky and waited for Crip to show.

As dozens of footsteps converged towards me, I was imbued with panic. I trained the gun on the first face that hovered, only to see it was a friend who’d rushed to help. At his request, I ceded the gun and watched as he bolted around the corner. More faces appeared, suspended above me, annoying me with their questions and concerns. My backside raged with pain as if being cauterized with a searing stake, while pressure penned my chest, causing my breathing to strain.  With each new face that happened into view, a fraction of the air was claimed, as my vision succumbed to a fierce swirl that distorted the surroundings.  Voices were reduced to murmurs over the thumping of my chest.

“I… can’t… breathe…” I whispered, my voice scraggly and feeble.  “Move them back, man, I can’t breathe.”

Pandemonium swelled as onlookers gathered and cast down stares of sympathy.  Then a voice emerged, booming in the distance, “Ya’ll git the fuck back!”

Although I was unable to see his face, his commanding ways consoled me.  “Stop panicking, Duck…,” I heard him say, “…if not, you’re gonna die.”

I closed my eyes, stilled myself, and relinquished my woeful struggles. I drew on a spiritual medium where inner calmness was fostered. Compelled by the notion to atone, I immersed myself in prayer, neither for forgiveness nor some half-hearted attempt to explain away my misdeeds, but a prayer of strength for my mother. I wanted her to know how much I loved her and thought she deserved better. Afterward, I wasn’t afraid anymore. I was ready for the final transition.

As I journeyed toward that terrible darkness to end my worldly suffering, I held on to the vision of my mother and let go of everything else…

©Chanton

ABOUT THE AUTHOR:  Chanton is a thoughtful and gifted writer as well as a frequent contributor.

All Posts By Chanton

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Awaiting Execution – “Have You Ever Felt Like You Can Taste The Future?”

‘Have you ever felt like you can taste the future?  Like you know what’s about to happen?  That’s how I feel.   Back a few years ago, a friend here broke away from the officers who were escorting him and walked towards me in the dayroom.  On instinct, I reached out through the bars and grabbed him.  Tears stained his face from crying for hours during his last visit.  I gave him a huge hug, and he kissed my cheek and whispered in my ear, “Roaddawg.  You have the best chance to get free.  Don’t let them win.  Go back home to your family.  Get free.  Promise me?”’

‘I did promise him at that moment before letting him go.  But – I failed.’

Facing the end of his appeals, which have been procedurally barred and left unheard, Charles Mamou’s future looks bleak.  Some would say he never had a chance – not a black man on trial for murder in Harris County, Texas, at that time in history.  It’s twenty years later, and with execution near, there are more questions than answers.  The only thing certain is that there can be no certainty of his guilt.  He has always maintained his innocence.

The most glaring problem with Mamou’s sentence came during the penalty phase of his trial, when victim impact statements were allowed in the Courtroom for crimes of which Mamou was never charged.   But the case itself was built on the testimony of a handful of people involved in a drug crime – who all stood to benefit from their testimony – and an unfired cartridge found near the victim’s body.

That cartridge – was the only physical evidence.   There wasn’t even DNA tying Mamou to the victim.

The prosecution brought in Robert Baldwin, an employee of the Houston Police Department, to testify that the unfired cartridge found near the victim’s body had been inside the magazine of a weapon used at a drug deal gone bad – where Charles Mamou had been involved.

So – what the jury heard, was unhindered ‘expert’ testimony from the prosecution. Mamou’s court appointed attorney did not bring in an expert to refute Robert Baldwin’ s testimony, in spite of its weakness, nor did he question the expertise, credentials, or methods of the ballistics ‘expert’ whose testimony was the basis for the prosecution’s case.

It was not pointed out to the jury that even in the best of circumstances the ‘science’ used to tie an unfired cartridge to a fired casing at a different location – is not a certainty.  Rather they listened to a lot of scientific jargon and were informed that Charles Mamou had been in possession of a gun that was at the same location as the victim.

It is not possible for that to be a certainty.

The prosecution’s expert had no weapon to test.

The prosecution’s expert did not produce any photos of his comparisons

The prosecution’s expert did not explain how many marks were compared in his study that was conducted without the ability to test a weapon.

The prosecution’s expert was vague in the details, but certain of the match.

In a case with the death penalty on the table, it is reasonable to think more should be expected as far as expert testimony, but again, Charles Mamou was a black man in Harris County, Texas, with a court appointed defense attorney who chose not to question those things.

Criminalist, Ronald Singer, later said in an affidavit regarding the Charles Mamou ballistics testimony:

“….The prosecutor also, in his final argument, presented to the jury his opinion that the match was a certainty.  Such opinions, however, are inherently probabilistic in nature.  The defense attorneys failed to address the flaw of ‘discernable uniqueness’ and allowed the prosecutor to present this to the jury.  Had they presented a competent ballistics expert at trial, that expert should have been able to inform the jury that such opinions are flawed as they ignore the inherently probabilistic nature of such comparisons.  This individualization fallacy was well known at the time of Mamou’s trial.”

Robert Baldwin also testified in the capital murder case of Nanon Williams where his testimony was the foundation for that prosecution’s case as well.  At one point Baldwin was asked, “Is there any way in the world based on your training, your expertise and the examinations that you made, that the bullet… was shot out of that Derringer?

Baldwin’s reply on the stand was, “No, sir.  It’s the wrong caliber.”

Baldwin testified with certainty that the bullet that took the victim’s life came from Nanon’s .25mm caliber handgun.

Not only did Robert Baldwin get it wrong in a case that sent Nanon to death row – the bullet taken from the victim actually did come from a .22 Derringer.  Baldwin never fired the Derringer during his ‘study’ of the evidence.  In other words – he did not test the only weapon available.  In the Nanon capital murder case – there was a gun to test.  Robert Baldwin, the ‘expert’ ballistics witness for the prosecution didn’t test the only available weapon and gave false testimony.

Charles Mamou’s defense counsel didn’t question Robert Baldwin’s credentials.  The defense did not ask for any data regarding the degree of similarity between the marks nor did they ask for any photos to show any microscopic comparisons.   Photos and data were not presented, and they were not asked for.

In closing statements, the prosecution used Baldwin’s testimony to falsely assure the jury,

“magazine mark…makes it identical to one of the casings that was in the magazine of the firearm that…was left at Lantern Point…;”

“what is important is…that this was placed in the same magazine that the fired bullets were placed in, and thus, fired through that same firearm…;”

“we know that the casing that has the magazine mark was fired in a weapon in the possession of this defendant, and that’s the same magazine that has this bullet in it that was found at the Lynchester address where Mary Carmouche was.”

We may never know why Mamou’s court appointed counsel did not bring in an expert to refute the ballistics testimony nor argue the testimony that was presented.  That counsel didn’t respond when I asked for his thoughts.

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

Related Articles:   What Does It Take To Get On Texas Death Row;
Texas Death Sentence Clouded By Irrefutable Doubt;
Letter From Key Mamou Witness Contradicting Testimony;
Testimony Worthy Of An Execution?  The Mamou Transcripts Part I

Writing By Charles Mamou

REFERENCE:  “Nanon Williams.” Houston Chronicle, Houston Chronicle, 1 Mar. 2005, www.chron.com/news/article/Nanon-Williams-1568704.php.

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Texas Death Sentence Clouded By Irrefutable Doubt

Is Texas big enough to admit they got it wrong?

We want to have faith in the justice system.   We may not understand the processes or the terminology, but we like to think that those that do will see to it that things are done properly – and fairly.  To have faith – is to have belief beyond our own understanding.

But, can we?  No matter a person’s stance on the death penalty – the importance of getting it right – with that there is no question.  Too many times it appears our government doesn’t quite take that responsibility to heart.

That’s where a lot of those who oppose the death penalty get their argument – the courts don’t always get it right.  They have a history of making errors.  And – they have a history of not wanting to admit they have made an error when they clearly have.

Charles Mamou is a man on death row in Texas.  He has maintained his innocence, and anyone who looks closely at the lack of evidence would admit that he very well might be – innocent.   But, even more at issue is what actually happened during his sentencing.   There is no argument there.  What happened that day – goes without question.  It happened in front of a room full of people and is documented.

During the penalty phase of Mamou’s trial, victim impact testimony was allowed from victims of crimes for which he was never charged.

Charles Mamou has only ever been charged and tried for the murder of Mary Carmouche.  Regardless of how anyone wants to look at it or surmise or assume – Charles Mamou has never been on trial for any other murder.  That is a fact.

Yet – the prosecutor argued, “And when he pulled the gun and he fired and killed Terrence and Anthony, he ripped those families apart.  He devastated and destroyed.  And that’s all he’s ever done, with his drugs, with his guns.   And every time he pulled the trigger, he answered that first special issue yes, yes, yes, yes, yes.  Seven times he answered it yes.”

It didn’t stop there.  Not only was Charles Mamou given the guilt of those crimes without a trial – he was also given the blame for the hurt it caused those peoples’ families.  As the prosecution described two other ‘victims’ – “Terrence Gibson.  Anthony Williams. They were brothers. They were sons.  They were dads.”

It wasn’t just the words of the prosecutor that the jury heard.  According to court documents , during victim impact statements a family member of Anthony Williams’ testified regarding the “description of the hospital death of Mr. Williams; his sister’s identification of the body; the effect it had on his mother; heart-wrenching cemetery visits by Williams’ son; his crying as a result of the death of his father; and the health problems Williams’ death caused for his mother.”

Testimony regarding Terrence Gibson’s death included a family member “looking at baby pictures the day of his death.”  The testimony was “so compelling that Hill himself had to give Gibson time to compose herself and ‘a chance to adjust’.”

When handing out the ultimate punishment – that of a person’s life – how can we have faith in any courtroom that would allow that to happen?  More importantly – can Texas be big enough to admit its error before it’s too late?  Or will Charles Mamou’s name go into the history books as one more death penalty case with so many lingering questions?

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

Related Article:  What Does It Take To Get On Texas Death Row;
Awaiting Execution – “Have You Ever Felt Like You Can Taste The Future?”;
Because They Can – Execution In Texas;
Letter From Key Mamou Witness Contradicting Testimony;
Testimony Worthy Of An Execution?  The Mamou Transcripts Part I

Writing By Charles Mamou

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The Arrival
Part II

“This nigger’s slow as molasses,” the driver chuckles, followed by a chorus of giggles from the prisoners – some of them black – gathered at the top of the ramp as I finally reach the incline.

Now the real task – a Herculean one – figuring out how to walk up the incline while leaning back and carrying the heavy box, which now feels like its weight has doubled.

I cannot see the edge of the ramp, so I raise one foot slightly and feel for it with the toe of my shoe. The last thing I want is to clip the edge and tumble face first. With each movement, aided by the pressure I am forced to apply by pushing my hands upward from the bottom and chin downward from the top, the box burrows the handcuffs deeper into my wrists. I can feel the blood begin to trickle.

Please God, what did I do to deserve this? Please, help me.

I manage to get both feet on the ramp and begin the slow, arduous assent. The higher I climb, the more I must strain to maintain my equilibrium and steady the box, every muscle on fire. My mouth feels like it’s coated with sawdust, and I’m starting to feel faint, but I press on.

“Almost home, ain’t cha, boy?”

The misery I feel is what I would presume gave life to the phrase ‘Hell on Earth’.  It is not just the physical agony, though it’s all I can focus on, the mental pain is lying beneath the inferno, awaiting its return to the surface.

By the grace of God, I make it to the top, only to peer into what appears to be a black hole – a corridor so long I can not see the end. This can’t be real. God, tell me it’s not real.

“Stay in the middle of the hallway,” commands Bob.

The prisoners who had climbed the ramp ahead of me stood in the back of the line for the chow hall, eyeing me as I try to adjust the box.

No longer can I conceal the pain wracking my body. Grimacing, I hobble down the hallway, handcuffed and defenseless, only a couple feet away from some of the most violent and dangerous men in the world. It would be like any other day if one of them produces a shank and stabs me.  The guards won’t protect me, they’ll be first to run.

About a quarter of the way down the hallway, I lose my grip, and the box slips out of my hands, hitting the floor with a tremendous thud. Everything instantly halts, as if we’re suspended in time. I feel every eye on me as I stare down at the box and my pride that lay crushed beneath it, not daring to look up.  Please! Somebody just stab me now. Let’s get it over with. Death, I welcome you. Right now!

Neither of the guards escorting me make a move to pick it up, but in my peripheral vision I see movement. Now I’m looking down at a prisoner as he picks up the box. Moving quickly, afraid the guards might chastise him or even worse, he places the box in my arms and returns to the line.

“Thank you.”

He nods acknowledgment.

“Come on, sweetheart. We ain’t got all day.”

I start forward, and I can already feel the box begin to slip. Because he had rushed to put it in my arms, I’m unable to get a better grip, and still have quite a ways to go.  I know I won’t make it without losing hold.

Again, I drop it, but this time it was not so dramatic. Seeing that the other prisoner suffered no repercussions, someone immediately steps out of line and retrieves the box, taking his time to make sure I have a good grip.

“Got it?”

I adjust my hands, “Yeah. Thank you.”

He nods and steps back in line.

The kind acts of two prisoners assuages my trepidation, and with renewed vigor, I lug the box without further incident to ‘Times Square’, four intersecting hallways that serve as the prison’s main arteries.

When the escort guards approach the main control room, the driver says, “I heard ya’ll had a vacancy.”

The female guard looks up from her paperwork, then at me. Realizing I have on a death row uniform and that the guard was referring to the execution that had taken place the day before while I was being sentenced to die, she looks back at him and bursts into laughter.  “Yeah, I guess we do,” then over her shoulder, “Vinny, we gotta gain.”

A guard enters the control room and unlocks the door of a tiny holding cage that sits directly across the hallway.  “Come on. Step inside and have a seat.” He takes my box and drops it to the floor.

As instructed, I step inside and sit on a narrow bench. The guard bends down, raising my pant leg, and inserting a key in the shackle, causing me to tense up and wince in pain, before removing the manacle stained with my blood.  Now the other one.  Again, I tense and wince as he frees my ankle from the bloody contraption. He stands and backs out, slamming the door closed.  “Stand up,” he orders, handing the leg irons to the transport guard.  “Turn to the side.”

I comply. He reaches through a hole cut into the mesh and removes the lock that is holding the chain around my waist. Once that is done, I slowly turn back towards him so he can unhook the chain from the black box, a torturous device designed by an ex-prisoner, placed over the handcuffs to lock the wrists and hands in one position, preventing any movement.

He unhooks the chain and removes the black box. The transport guard takes them from him. “Stick your hands out the hole.”

I do so, tentatively, anticipating the agonizing pain that never comes – my wrists and hands are still quite numb. I watch as he peels the cuffs from the gashes in my wrists, slivers of my skin and blood cling to the metal.

“Turn around and put your hands behind your back.”

I turn, and he clamps another pair of handcuffs over the bloodied gashes. Grimacing, I throw my head back towards the heavens as the pain flashes red behind my eyelids.  Argh!!  Fuck! Man, are you serious?

“Have a seat,” he says.

As I open my eyes and turn to sit, the driver says, “Have fun,” laughing as he walks away.

I sit with my hands behind my back, wrists searing hot with pain, for almost three hours before the property room Sergeant rolls a dolly to the cage and throws my box on it.  Opening the cage door he says, “Follow me.”

I follow him for about a half a football field to the property room. Thank God! I’m not carrying that box.

We enter and he dumps the box’s contents on a large table. Combing through my belongings, he documents the items I’m allowed to keep and places them back into the box.  He throws the items I’m not allowed to keep into a large trashcan that sits next to the table.

After about twenty minutes, he places the box and a bedroll on the dolly. “Let’s go,” he demands, leading the way.

Back in the hallway we continue until we reach the end. There is a door in front of us that leads to the electric chair and a door to the left that leads to the death row housing unit.  The Sergeant taps it with his keys, and a guard who looks like he should be just entering high school opens the door.

“A death row gain,” the Sergeant tells him, retrieving the box and sliding it inside the door. Before turning to leave, he hands the bedroll and paperwork to the guard.

Standing, frozen, outside of death’s door, I try to sort my emotions – fear, anger, confusion, doubt. I no longer feel the burning, ephemeral pain in my ankles and wrists. The hurt girding me now eclipses the physical. There is no lotion or ointment to soothe it.

“I think you’re goin’ to cell 7,” the young guard says, snapping me out of a daze. Then he steps aside, beckoning me to enter.

I turn and peer down the long corridor, swallow hard, and hesitantly cross the threshold. Once I enter, he closes and locks the door.

Another uniform appears, “Sarg, we got a gain. I believe he’s goin’ in 7.”

“You got his things?”

“Yes. Over there.”

“Okay. Grab ‘em and let’s go.”  Then to me, “Follow me.”

I follow him to a door made of steel bars. He unlocks and opens it, and we step into a long, narrow hallway that has bars on the left and cells on the right.  When we reach the seventh cell, the young guard steps into the darkness and deposits the box and bed roll.  He exits, however, I don’t enter immediately.

“Well, wacha waitin’ for?  Go on in.”

Reluctantly, I step inside. When the door slams behind me, it startles me, causing me to flinch.

“Back up a bit, so I can take them cuffs off.”

My wrists are raw and tender.  At least this part of the agony will be over. Thank God.

After they leave, I look around for a light and spot a string in the corner dangling from the ceiling. I pull it, and a dim, 40-watt bulb comes to life.  Roaches scurry everywhere.

I look around the filthy cage. Paint is peeling off the walls which are so close that I can stand in the middle of the floor, extend my arms, and touch both of them – and the ceiling.  Dirt and dust bunnies cover the floor, mold and brown crud occupy the sink and toilet.

I flop down on the narrow steel bunk and look around at my new surroundings, trying to process everything – my innocence, conviction, sentence.  How the hell did this happen, and where do I go from here?

Then I hear a voice.  “Hi, neighbor. How’s it goin’?”  I didn’t even consider that there were others – I didn’t look into any cells while walking down the hallway.  “Name’s Locke. I’m over here, next to you, in six.”

“How’s it going, Locke?  Just trying to get settled in.”

“Well, if you need anything, just give me a holler. You want some smokes?”

“Yeah, I would appreciate it,” I reply, even though I don’t smoke.

I don’t have the strength to clean, so I sit smoking until it turns dark outside. Tired of sitting, I turn off the light and lay in the dark, smoking and listening to critters scurry about, until I doze off to sleep.

I have a dream… unfettered, head held high, retracing my steps down the long corridors – I walk to freedom.

Epilogue

Still – 26 years later – sleep is my only freedom.

©Reshi Yenot

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What Does It Take To Get On Texas’ Death Row?

Some might say – not much.

No eyewitness to the crime. 

No weapon. 

No DNA. 

No record of violence.   

No confession.   On the contrary – Charles Mamou has never wavered regarding his innocence.  That’s why he didn’t take a deal when he was offered one.  He put his faith in the truth and Texas justice nearly two decades ago.   That turned out to be a deadly mistake.  His fate was left in the hands of Harris County, Texas – a community with a long and well documented history of condemning people to death.

And so Mamou’s trial began.  The O.J. Simpson trial was still fairly fresh on peoples’ minds – and Charles was a black man in Texas.  The words of the Judge set the tone from the beginning, as he referred to O.J.’s trial that ended in an acquittal, stating that was, “not going to happen here.   This is the real world.  It is not California.”  The Judge also compared being a juror to, “being a pallbearer at a funeral.”  This was followed up with, “the State is going to seek the appropriate punishment in this case; that is, their claim that it will be the appropriate punishment, punishment of death.”

The case against Charles Mamou revolved around the hearsay testimony of individuals who were all involved in criminal activity, and some very questionable ballistics testimony regarding a never recovered gun.

But, everyone agreed on where everything began.  Five men met on Lantern Point Drive, near the Astrodome, for a drug deal that went terribly wrong.  Charles Mamou and Sam Johnson arrived in one car.  They were met by Deion Holly, Terrance Gibson, and Kevin Walter, who arrived in another vehicle.  Unbeknownst to Mamou and Johnson – Mary Carmouche was in the backseat of the second car.   Deion, Terrance and Kevin brought a seventeen year old girl to a drug deal they approached with loaded guns.

Things went wrong quickly, and the shooting began in both directions.  Terrance Gibson was killed holding a loaded gun – a clear indication his death was the result of self-defense, in which no one was ever charged.   The other two men with Gibson, Deion Holly and Kevin Walter were also shot, but survived.

At some point during the shooting, it appears Sam Johnson hopped in the car that he and Mamou arrived in, and drove down the street.  Mamou thought his friend had left, although Sam was actually turning around and coming back for him.  In that moment, Mamou made a life changing decision.  Alone in that alley, he got in the other men’s car and drove away – with Mary in the backseat.

According to Mamou’s testimony, when he realized Mary was in the car – he stopped and asked her to get out, but she refused.  He then met up with Sam Johnson and they drove to Howard Scott’s apartment.

There, Mamou got out of the car, asking Mary to get out as well.  He was then met by Sam Johnson and Shawn England, another acquaintance.  Mamou was crying and upset, and Shawn pulled him aside to say, “those guys got what they deserved.”  Shawn and Mamou then went inside, leaving Sam Johnson and Mary outside.

Once inside, Mamou was provided with clean clothes, and Shawn England and Howard Scott went outside to search the car that Mamou had arrived in and wipe it down.   Mary was still outside and talking to Sam.  Eventually, another friend arrived on a bike – Kevin.  They all talked for a little while longer before Sam Johnson, Kevin, and Mary left together.

Mamou left the apartment complex to make a call, and when he returned, he saw Kevin and Sam Johnson come back.  Johnson went inside briefly before leaving again with Kevin.

Later that night, Sam Johnson and Kevin returned, and Kevin got on his bike and left.  A cab came for Shawn England, who also left.  Mamou spent the night in Howard Scott’s apartment.

According to Mamou, Shawn England had taken the gun from Mamou while at the apartment.

Mary Carmouch was later found dead with a gunshot wound to her chest.

The prosecution disagreed with Mamou’s version of events and centered a good portion of its case on an unfired cartridge that was found near Mary’s body.  They claimed the unfired cartridge matched the fired casings at the scene of the drug deal gone bad.  It was their theory that those casings had travelled through the same gun barrel.  The science used to support such a theory is arguable even in the best of circumstances, but in this case – there was no weapon to test the theory out on.  The weapon used in the drug deal shooting has never been recovered.  So, there was ballistics evidence that is not a certainty in the best of circumstances, but in this situation there was even less certainty, as it was comparing used and unused casings from a weapon that couldn’t even be tested.

The prosecutor falsely argued the match was a certainty.  He actually used the word ‘identical’ when comparing casings, and also stated as fact, “this was placed in the same magazine that the fired bullets were placed in, thus, fired through the same firearm.”  He lied.  The prosecutor simply lied to the jury.

The other ‘evidence’ the prosecutor had was the testimony of five men who were all involved in criminal activity and willing to testify and point their fingers at Charles Mamou.  It was never investigated or made clear just how those men might have benefited from their testimony, although it is reasonable to assume they did benefit as they were incriminating themselves with their testimony. In addition to the very real possibility that they received personal benefit for their testimony, three of them were inconsistent and admitted lying and being untruthful with police.  None of the men ever claimed they saw Charles murder Mary.

A good deal of the prosecution’s time was spent trying to paint a picture of Charles Mamou as a killer who had killed before, but the reality is – Charles Mamou was never tried for any other killing.

Charles Mamou’s defense attorney didn’t strongly defend his client, but rather seemed to flounder.  At one point during the crucial ballistics testimony he stated, “not sure if I understand what that means.”  In reference to magazine marks he said, “what is the word I’m looking for to describe what a magazine mark is?”

The total amount of time the defense spent ‘investigating’ Charles Mamou’s death penalty case was under ten hours.  The total amount of time Mamou’s counsel spent meeting with ‘the investigator’ was 2.5 hours.

Although all of the testimony available to the defense during the sentencing phase of the trial wasn’t used, the words of those people who could have spoken describe Charles Mamou as kind, generous and respectful.

The thoughts of Claudia Milton, who knew Charles Mamou and his family, were never shared with the jury.  “When Chucky was older he would often talk to my son about his problems.  My son was on drugs and Chucky would try advise him to do better things with his life.  I wanted my son to be more like Chucky.  There was times when I went shopping and Chucky was in the grocery store, he would buy my groceries and never wanted any money back.   There were many other people in town that Chucky would help buy groceries, pay rent or their electric bill.  Chucky helped people.”

The defense also did not share the thoughts of Mark Benolt, who has said in an Affidavit, “To me, Chucky does not have a ‘rough bone’ in his body.  I have witnessed him paying bills for friends, family members and other people in the community.  Charles Jr. is a friend that everyone wishes to have once in their life.”

Oddly enough, even though all of the testimony that could have portrayed Charles Mamou in a positive light was not pursued by defense counsel, the prosecution was permitted to bring in victims of crimes Mamou was never even tried for, along with referencing these other deaths throughout the trial with misleading references to, “evidence that Mamou had killed two other people.”  And in describing those deaths that Mamou has never been tried for, it was stated, “Terrence Gibson.  Anthony Williams.  They were brothers.  They were sons.  They were dads.”

Charles Mamou was never on trial for any other murders, yet victim impact statements were allowed from relatives of Terrence Gibson and Anthony Williams.  Emotion filled testimony was given detailing how the loss of those men impacted their families.  This was followed up by the prosecution, “And when he pulled the gun and he fired and killed Terrence and Anthony, he ripped those families apart.  He devastated and destroyed.  And that’s all he’s ever done, with his drugs, with his guns.”

During the penalty phase of the trial, the Judge also stated, “it’s no more different than it is when we’re raising kids.  It’s just no more different.  If we ever told a child not to do something once and the child does it again, we’re going to react one way.  If we have told a child ten times in the last thirty minutes not to do something and they have done it for the tenth time, we’re going to react a different way.”

The U.S. Fifth Circuit Court of Appeals has denied Charles Mamou’s last appeal, and he is currently awaiting an execution date.

Regarding the denial of his final appeal and the knowledge that he will soon  be executed by the state of Texas, Mamou recently expressed his frustration, “Nobody believes in me!  I love me.  America isn’t the land of equality.  Never has been.  Let’s not pretend.  Let’s admit what it is.  And before I take my last breath, the whole world will know they fucked me over.  That will be the symbol of why I lived.”

If only we didn’t need a dead body to know that the trial of Charles Mamou wasn’t just.

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

Related Articles:  Texas Death Sentence Clouded By Irrefutable Doubt;
Awaiting Execution – “Have You Ever Felt Like You Can Taste The Future?”;
Because They Can – Execution In Texas;
Letter From Key Mamou Witness Contradicting Testimony;
Testimony Worthy Of An Execution?  The Mamou Transcripts Part I;
The Mamou Transcripts – Part II;
The Mamou Transcripts Part III – Death Sentence Built On The Testimony Of Dealers

Writing By Charles Mamou

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Texas Death Row’s Mixed-Bag Psychology

“Fuck your religion!” yelled an irate Polo, attempting to defend his stance in a one-sided debate with another inmate, Bob Cook, a professed Christian, though he never read the Bible.  Not once.  He never attempted to read it either. He possessed an NIV version that sat quietly on top of his rusted cell’s table, collecting dust.  “All He was, was the original MGM magician – no better than David Copperfield!”

Polo was a celebrated and outspoken atheist and verbally strong-armed the one-sided debate about religion. Of course, Bob wouldn’t have anyone disrespecting his faith, his Jesus, whom he felt was God’s son, although he never totally understood the ‘how’ aspects within his beliefs.  Bob was a typical, middle-aged, white Southerner with traditional Texan pride. He was short and round in stature, built in the mold of Barney Rubble from the Flintstones with hair as white as cotton and alopecia taking over the center of his head.  He was a goodhearted guy and my neighbor for about three years.  When you are held within the close quarters of Texas Death Row, in solitary cells 24 hours a day, you learn a lot about your neighbors. You get a better understanding of who they are.

I knew Bob well, perhaps better than anyone on the planet. He had a genuinely cuddly personality, always attentive to the needs of others more than his own.  He was not one to argue and would often display dumbness when others were attempting to explain something asinine, just so the talker could get whatever it was they wanted to say off their chest.

He didn’t have much and lived on about 20 bucks a month.  To put things in perspective, he didn’t have shit, but what he had – anyone who wanted it, could have.  That was one of his flaws – he was too kind and an easy target to be taken advantage of.  He was guilty of the crime that landed him on death row, though it could be contested that his crime did not fit the criteria for a death sentence. Nonetheless, he was riddled with remorse, often saying, “I’m going to hell.”

When I asked him why, he said the chaplain told him that the Bible said, “Thou shall not kill.”  Texas death row chaplains carry no sway with me ever since one told me that my being executed was God’s will.  I calmly told him, “Bullshit.”

I then took out my Bible and read several scriptures to Bob, leaning on my studies from when I was enrolled in theology classes. One reason why he never read the Bible was because he couldn’t. He was illiterate. I read to him about forgiveness, faith and salvation, which he appreciated, and in time he gained hope that he might have a chance to get to heaven.

Of course, ‘perfection’ has never been a Christian strong suit, Rome wasn’t built in a day and some dogs refuse to let go of old tricks. So when Bob had enough of Polo’s Christian diatribes, he declared “May Jesus Christ forgive me now for what I’m about to say.  Fuck you, Polo!” and with that, he walked away from his cell’s door, steaming mad, and went to sit on his bunk.

Polo began to laugh at Bob’s parting cussing. His handsome and smooth caramel colored facial skin was shining like polished armor due to his overuse of commissary bought baby oil that he used daily.  He liked the smell that reminded him of when he was a baby and being smothered with the loving hugs of his mother as he was held between her tender arms and her comfy bosom.  He was thirty-two, and had been incarcerated more than he had been in the free world.  He was arrested at the age of 15, held in the county jail until he was 17, and then sent to death row. He would be executed/murdered before the USSC’s decision to ban all executions of juvenile offenders.  Like most youngsters who grew up around environmental dogma, he was rough around the edges, not cordial and trusted no one. He spoke in waves which often confused the listener as well as himself to some degree, because his ideologies were a perplexing mixed bag of black power, black militant-ism, Malcolm X-ism, Islamic beliefs that he adopted from others, and the scratch your head in utter disbelief performances he often acted out as he mimicked Bill Cosby’s Fat Albert show character with the line, “Hey, hey, hey, it’s Fat Albert!”

I often psychoanalyze people, trying to understand why they do the things they do.  Polo, perhaps, still felt as if he was fifteen-years-old and living in a thirty-two-year-old body.  Maturity never found an outlet within his mind in which to become liberated.  His actions and attitude were a reflection of the way he thought – childlike.  What else could you expect?

Polo stood alone in the middle of the section’s day room.  No one stood at their cell’s door that he could argue with.  Since arriving in the Polunsky Unit in 2000, group recreation, work programs, televisions, and any form of physical contact have been banned from the all-male branch of Texas Death Row.  So he began the redundant activity that we all do when we find ourselves alone in the day room with no one to talk to – walking in circles.  Consciously or unconsciously we lower our heads as if in shame and count in our minds the steps we take to make a full circle.  One… two… three… four… five…  It actually takes seventeen strides to complete a full circle in the dayroom.  I watched Polo from a distance as I sat in my cell, counting along with him. It would be the last time I was to see Polo in the flesh – alive.

Texas death row inmates are housed in a building called Twelve Building. It’s encased inside electrical razor wired fencing. On some mornings you can see the dead carcass of a stray cat or dog that didn’t get the memo about not touching the fence. Did these creatures not see one of the several bright yellow postings that warn, ‘Electrical Shocking Fence.  DO NOT TOUCH’?  Mayhap the animals were illiterate too.

There are six pods within Twelve Building, each lettered either A, B, C, D, E or F.  Within each pod are six sections, also lettered A, B, C, D, E or F.  Each of the six sections can hold fourteen cells for fourteen inmates.  Each man is alone, twenty four hours a day.

Inmates communicate by yelling loudly at the guy they are trying to have a civil conversation with. Though in a normal setting, yelling to obtain a civil conversation is indeed madness in nature. Ninety percent of the cells leak when it rains, some more than others. Black mold has run amuck within every cell on death row. The building was cheaply designed and constructed, and the infrastructure is weak and crumbling. Fighting spiders, mosquitoes and other critters is a daily chore.

The failures of the infrastructure are so timely and repetitive that one can’t help but assume there is a conspiracy going on, because nothing works as it should here. Every year during the summer, the water is going to get cut off for a day or two straight. There won’t be fresh water to drink, no water to shower with and no water to flush the accumulated shit and piss that will idly stew. And let me tell you, once the sun’s rays bake this concrete building’s back wall, the structure becomes an oven, causing any religion you thought you had to get temporarily thrown out the window due to the foul odor.  If anyone asks us if we are comfortable or okay at that point – they are often greeted with the same aggravated, “Muther fucker, what do you think?”

 

ABOUT THE AUTHOR.  Charles “Chucky” Mamou is living on Death Row in Texas.  His last appeal has been denied and he maintains his innocence.

He can be contacted at:
Charles Mamou #999333
Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351

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The Arrival

The van stops near a long concrete ramp.  Peering through wire mesh covered windows, I marvel at a group of general population prisoners trudging – like herding animals – towards the dilapidated, century old state prison, the sole surviving beast of an extinct species.  The bodies merge into a single line as they approach the stone incline.  They all have the same mechanized movements – listless gaits that suggest they are subjects of an indoctrination designed to discourage hope, promote subjugation, and dissuade betterment of self.  Scowling at the spectacle, I shake my head in disgust, loathing those heartless enough to support such dehumanization.  My mind wanders back to yesterday…

I was standing in the same courtroom where, just a month earlier a jury of my ‘peers’ – if, by any stretch of the imagination, one could find even a modicum of socio-economical or cultural parallels between a group of middle to upper class white suburbanites and a poor, black urbanite – had convicted me of murder and recommended that I be executed.

More than happy to oblige my ‘peers’, the Judge took all of sixty seconds to pronounce my fate.  I already knew the sentence would be death, just as I had known the verdict would be guilty.  “May God have mercy on your soul,” he concluded, before banging his gavel in an authoritatively dismissive manner, almost god-like himself.

Thus, my ill-fated journey began.

Arriving at my final destination on earth, carrying a box filled with my sole possessions, I am now to enter the belly of the beast, a condemned soul, to someday exit its bowels a lifeless configuration of justice, solace and closure.

The passenger side guard, a plump, red-faced ‘good ole boy’ spits a stream of brown tobacco juice as he exits the van, removes a padlock from the door, and slides it open.

“Get out,” he says – no, maybe he yells.  I have difficulty gauging the volume because my heart is pounding so hard, my pulse thumping thunderously in my ears, drowning out external sounds.  It is the kind of tumult only fear can produce.

Although I’ve never been to prison, I have lived vicariously through quite a few prison tales – gory, vile stories of rapes, maimings and murders – crimes perpetrated by both prisoners and guards.  I know what to expect; still, it does nothing to assuage the amount of trepidation sweeping over me.

I am certain that the ominous orifice gobbling up GP prisoners as they reach the top of the ramp, serves a duplicitous and gluttonous beast, an unrelenting savage that devours individuals, strips them of any remaining dignity and replaces it with hatred, wickedness, and rapacity, while dragging them – some kicking and screaming, others, willingly – deeper into the viscera of nothingness.

“Let’s go,” the driver says impatiently, turning to stare me down, his gaze malicious.  Then he exits the van and walks to the rear to fetch my box, which he drops next to his partner.  Both now wait for me to exit.

I try to move.  Nothing.  What the – something is wrong. I feel numb – paralyzed.  I close my eyes and swallow hard.  Shit!  Come on. This can’t be happening.  And to make matters worse, the intemperate July heat and humidity – thick, fiery, brazen – envelopes me, white hot against my skin and unapologetic for their suffocating affects.

I’m immobilized by the reality of the situation that awaits me – from which the sweltering van provides my only refuge – and by the shackles and handcuffs that have been deliberately clasped to cut off my circulation.  I take a deep breath.  I wiggle my toes.  Ohhhh…  Shit!  A million tiny needles poke my feet.  I move my right foot and the shackles dig further into my ankles, shooting a bolt of pain up my leg.  Ugh.  Come on, please. 

“Bob, ya may have to gittin ‘er an yank ‘is black ass out,” the driver twangs.

On cue I slowly inch sideways, sliding along the bench seat, moving closer to the door, the tiny needles poking me everywhere.  This pain is nothing compared to what I’ll feel if they decide to drag me out.   I use it as motivation to reach the edge of the seat and the open door.  There I struggle to get to my feet.  My body is waking up.  The pain.  Stooping, I slide one foot forward, then the other, until I’m at the edge of the floorboard.  I twist my left hip, turning my right hip outward and extending my right leg towards the ground, but the chain that connects the manacles is too short for me to reach the ground.  I retract my leg, returning to my original stooped position, and look up at the guards.  They watch with foreknowledge – they’ve seen this dilemma play out repeatedly – but make no attempt to help me.

“Don’t look at us,” expelling another stream of brown goo toward the ground.

With limited exit strategies, I steady my nerves and prepare for what I believe is my best option. I put my feet together, take a deep breath and a leap of faith. Thank God, I stick the landing, a small but pleasing victory.

“Grab yo shit, and let’s go, asshole,” spews the driver pointing a finger at the box, visibly disappointed that I didn’t fall flat on my face, never mind that my hands are cuffed, tethered to a chain, wrapped and padlocked around my waist, preventing me from reaching to grab anything.

Dammit! This heat!  Sweat pours. The prison uniform I’m in is soaked. Sweat drops into my eyes, stinging me further. I squint and try to collect myself, so I can focus on the task at hand.

“You goin’ pick up yo’ shit,” bitterly stated, rather than asked.

I looked down at my hands, separate them, turn my palms up, and gaze with one eye at the guards.

“Well, would ya look there, Bob. We got us a smart ass,” turning to look at his partner, before taking a step towards me.

“It’s too hot for this cockamamie bullshit,” Bob retorts, snatching up the box, stepping in front of the driver and nudging him aside.  “Here,” he growls, shoving the box into my chest.

The restraints make it impossible to grab in a normal manner, with a hand underneath each end.  All I can do is lean back as far as possible, center both hands beneath and press my chin against the top.  That’s when I notice a vulgar, rank glob of tobacco spit splattered on top  and slowly oozing towards my face.

Just as my eyes are clearing, more sweat. This time, both eyes.  I squeeze them shut as the brown blob creeps towards me. This can’t be real.  Fluttering my eyes, I attempt to clear them.

Everything hurts – ankles, legs, arms, back, and pride not far behind.

“We ain’t got all day, boy.”

Through fluttering eyes, I see both guards turn and head for the ramp. I take a tentative step.  Aargh! The shackle bites into my ankle, the pain red-hot. Trying not to grimace, I inch my rear foot forward, and the same searing pain attacks that ankle. I try to ignore it by focusing on a positive.  The sweat has cleared from my eyes. And not a moment too soon as I see the driver turn his head back towards me and spit his venom. I feel it splat on my shoe. Because I know he’s trying to bait me into giving him an excuse to pounce, I concentrate on holding the box.

Besides, I won the first contest when I successfully exited the van. Giving them the pleasure of seeing me drop the box ties the series and reverts home court advantage – even though I’m a one-man team with no home or real advantage – back in their favor. Neither of us would have much interest in this little ‘game’ I’m being forced to play if not for the predators – masters at detecting mental and physical weaknesses they will exploit without hesitation – lurking amongst the nearby prisoners. While the guards’ interests are purely sadistic, my interest is quite vested – my manhood could be at stake.

TO BE CONTINUED…

©Reshi Yenot

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The Comforts Of Solitude

I’ve spent the past 6,945 days and counting in solitary confinement. I keep track of days the way one has a hobby in the free world. It’s only real significance is giving me a reason to mark another ‘X’ on the calendar.

I’ve filed grievances and signed on to be a plaintiff in a lawsuit about the inhumane and draconian practices of solitary confinement and how it’s the epitome of cruel and unusual (unnecessary) punishment. Lawmakers have eased up on its use for non-death row inmates and even publicly admitted that solitary confinement causes lasting harm to anyone locked away for 10 years or longer.  Such sympathy was shocking for ‘conservative’ lawmakers to admit. However, apathy is not given to male Texas death row inmates, who were excluded from the leniency.  We remain in solitary.

On July 19, 2018, my last appeal was denied. Not on the merits of actual guilt, for my case on appeal has never been argued orally. In fact, a recent study by the Houston Law Review cited my case and others for the opprobrious “rubber stamping” policy that Harris County and the southern appellate courts use.

Legally, they use a loophole, declaring a case ‘Procedurally Barred’ – giving the appeal judges room to not entertain a death row inmate’s case by adopting the previous court’s opinion, word for word. I believe it’s morally and ethically wrong, unfair, and racially biased and at times motivated. But what can we do? These practices aren’t ‘new’, and a lot of men and women have been judiciously murdered using the same practices, to which I often react the only way I can, with an inhale, exhale and languorously voiced, “Fuck it!”

On Texas death row we are allowed two hours of recreational time Monday through Friday, with no movement on the weekends. If you choose to go to this ‘recreation’, you are ordered to strip nude and do the nude-dance.   Then you are taken to another cell that is bigger in space than the cells we sleep in.  If it’s indoor recreation, you are placed in a cage in front of the other 14 cells in that section.  You can walk around like a lab rat, in circles, or some guys invent a workout routine that may be part yoga, part push-ups and sit-ups, and part creativity. As long as one can sweat, for the most part, one is relatively happy. Some guys don’t work out, and instead engage in shouting conversations about legal work, or which Kardashian is the most desirable or they engage in religious debates that start off with platonic, brotherly order and become heated when there are disagreements regarding trivial interpretations of Scripture – which leads to a cussing match and the overly-used, proverbial Texas row insult, “You dick-sucker!”

Pure madness!

Outdoor recreation isn’t that much larger in size than indoor rec. There’s a netless basketball goal and an orange, rubberless basketball that one can use to play run-and-shoot alone, to see how many shots you can make. You’re surrounded by four 25-foot off-white concrete walls so you can’t see anything diagonally, only an upward view of the sky. Sometimes you’ll see a plane fly high above leaving its wasted fuel’s trail within the cerulean sky’s sea.  With two major airports close by, these sights are common. This prison is close to a small highway and every now and then when it’s really quiet, you can hear the thunderous rage that screams from the pipes of a motorcycle that just opened up on the highway.

Most guys don’t like going outside in the summer because of the Texas heat and the sun’s rays that beat down on you without mercy. One can’t help but feel like a rotisserie chicken. I love it. The heat helps me sweat, and the more I sweat, the more I release stress. Plus, I like the solitude. It gives me a chance to think.

After I was denied, it took me nearly two weeks to pick myself up mentally. It is not the outcome I nor my family and supporters wanted or expected. When you’re disappointed like that, logic and one’s perspective gets thrown out the window. Desperation sets in. Your mind wonders about life after death, if it exists. You think about your family. You think about regrets. You fornicate with the idea of what you’ll miss within the carnal world. You think and think… until you need some aspirin to sooth the headache. You find yourself having so much to do, but lack the will to do it. You want to be left alone, although you are aware that loneliness isn’t what you desire.  So when it’s time for me to go to recreation I always ask to go outside in the heat – alone.

I’ll run a few games, reliving my high school basketball days. Crowds cheer my jersey number, “It’s on you twenty-two!  It’s on you!”  After an hour of this workout, I begin to relax and think. I’m haunted by time and dates, logic, philosophy, reasoning, fantasy and reality, failure and injustice. But, not just any injustice – the injustice that was rendered upon me.

Some people are visited by the ghosts of the past, present and future – I’m visited by dates. I’m not in denial, but I can’t believe I’m here on Texas death row, for something that can be argued was never an intentional crime on anyone’s part. For something the police initially told me they knew I didn’t do.

June 29, 1999. I was brought to Harris County from Louisiana to face capital murder charges after I refused the 20 year plea deal offered by Detective Bob King, an acting agent of the DA.   Why would I accept a plea deal when I wasn’t guilty and the police had suspects in custody they wanted me to testify against for the plea deal?  Above all, I wasn’t a lying ass snitch, testifying to ‘whatever’ to avoid getting charged – unlike others.

I wrote the DA, who admitted at trial he received my letter, and I offered up my DNA or any forensic evidence they could collect from me. I offered to take a lie detector test. I offered whatever I could, but I refused to testify against the others.

No DNA or forensic evidence was taken from me.

July 20, 1999 was the first time I saw a state appointed lawyer, Wayne Hill, who offered me a plea deal, with no concern as to who I was or what actually happened. I refused his deal.

July 21, 1999.  My first court appearance.

August 11, 1999.  I was officially read the charges against me. I pleaded not guilty. I was then arraigned and had a million-dollar bond set.

September 1, 1999.  I went to court, though my journal does not say why, nor do I recall.

September 7, 1999.  Jury selection began, and the judge told the potential jury members, “I’m not Judge Ito (from the O.J. Simpson trial of the century case), and we will get this right. Being a jury member is like being a pallbearer. No one wants to do it, but it must be done. Think of a child.  When that child acts out, we have to discipline that child.”

I was supposed to be ‘innocent until proven guilty’. The judge was making it clear to the jury, subliminally, that guilt wasn’t the issue. Those words implied I was guilty and they needn’t waste time and effort trying to assume I wasn’t.

September 29, 1999.   Eleven white jurors and one Spanish lady, who was questioned relentlessly about her status as a documented US citizen, completed the picks.

October 4, 1999.  My trial began.  It was also the first time I met my investigator, who asked me if there was anything I wanted him to investigate. Really? He didn’t bother asking this question two weeks – or months – ago?

October 5, 1999.  Two of the alleged state witnesses/victims admitted in court that they had been lying since day one. They lied to the police. They lied to the Grand Jury that had indicted me.  Think about that for a second…

Had that same Grand Jury known they were being told lies, they never would have indicted me on capital murder charges, or indicted me at all.

They lied to their family, the media, and everyone who asked them what happened.  They lied, thinking a lie would prevent them from getting into trouble. In fact, they now admitted the truth, “We were trying to rob and kill Mamou, if need be, for his $20,000.”

You would think that would be enough to set me free, right? Wrong. This is Texas. The Lone Star State. The only state in America that truly believes it can thrive as its own quasi-nation, and once did with Sam Houston as its proxy president. It’s the state that sneezes snow up North, and shits Hell’s fire down South. The state that believes it’s okay to execute an innocent person as long as they can document a fair trial.

WTF?!

In my trial there was no DNA evidence, no eyewitnesses, no gun, no physical evidence that was used or attempted to be used against me – the DA knew that beforehand. What they did was assassinate my character, saying I was a drug lord, which I wasn’t. They put witnesses on the stand who were nothing more than lying jailhouse snitches, trying to get out of the criminal situations they were in. They took deals and testified that I confessed to them.

One guy wrote me a letter which my lawyer had, but ‘allegedly’ lost during my trial and found after my conviction, saying he knew nothing about what happened and that the police and DA threatened to charge him with conspiracy if he didn’t tell them what they wanted to hear about me.

The DA also told the jury that I was ‘guilty’ of two other unsolved murders that I was never a suspect in and never charged for. The only commonality between the cases was that they were ‘drug-related’.  They may as well blame me for killing JFK.

One of the state prevaricators claimed that during my ‘confession’, I said I made Mary suck my dick before killing her. He also admitted that he spent days going over his testimony with the DA, and how he’d been told what to say and how to look directly at the jury when saying it.

Remember, there were nine women in the jury. When he said the lie, each of the female jurors began to cry, which was the result the DA was looking for.  Never mind the examiner testified that Mary’s body was not sexually assaulted, nor otherwise harmed. I wasn’t even charged with rape.  The allegation was made by a hearsay witness and left up to the jury to decide if it was credible. My incompetent lawyers assured me that the false claims were harmless because there was no evidence to support them.

Here we are nineteen years later, and after I was denied the newspaper and TV media outlets claimed I’m on death row for the rape and murder of Mary Carmouche.  That’s not what I am on death row for.  That wouldn’t matter in normal circumstances, but it does because I now have to explain to my grown daughters why the newspaper is saying I raped a woman.

It’s frustrating, especially when you know fake news is damaging any chance you have at justice.

October 12, 1999.  After thirty minutes of deliberation, I was found guilty.

October 15, 1999.  I received the death penalty.

November 17, 1999.  I was sent to Texas death row a mere three and a half months after I arrived in Texas to face false charges. I never had a chance. My second chair lawyer was hired one month before my trial began, and he had no clue what was going on. Call it railroading. Judicial lynching. Rubber stamping. Call it whatever you want, just don’t call it Justice. In this case the bitch, Justice, truly was blind.

…August 17, 2018.  I have walked and counted eighty-eight full circles while contemplating my situation, which seems so surreal.  Sometimes I wish it was as easy as John McClane made it seem as he stood bare foot, bleeding, bruised and scarred on top of Nakatomi Plaza screaming, “Yippee ki-yay, muther fuckers!”  The good guys stood triumphantly for justice and made sure it rang loud and true.

But this isn’t a scripted movie. It’s real life. In the world you know everything isn’t going to be all right. Even Belshazzar knew what time it was when he saw the writings on the wall with all that, ‘Mene, Mene, Tekel, Upharsin,’ mess.

So, too, I see the writings. But I do not see symbols of mysterious hieroglyphics. I see names that indicate that justice is really ‘just-us’ and not for all. Names like Willie McGee, Todd Willingham, Emmett Till, Aiyanna Jones, Tamir Rice, Treyvon Martin, Michael Brown, and I could go on naming at least 100 more from the top of my head who never got justice, even though the whole world knew they were getting fucked over.  They were not part of the ‘just-us’ crowd.  Men, women and children who are more worthy of a second chance than I could ever be, but no one came to their aid. No one in power spoke out and said this was wrong before the wrongs became so final.

It’s with these thoughts that I appreciate the point of view that solitude has given me.  It comforts me to know I’m not alone, that American justice within the judicial system is only a reality if you have the money to pay the fees the system demands for its servants who have sold their souls and burned every ounce of civility, equality, righteousness and fairness that they once understood.

I may just become another footnote in a fact finding article years down the road, the story of an innocent who was murdered by the state, but I will use my platform anywhere I can to tell my story, a story America keeps on writing.

The comforts of solitude…

ABOUT THE AUTHOR.  Charles “Chucky” Mamou is living on Death Row in Texas.  His last appeal has been denied and he maintains his innocence.

He can be contacted at:
Charles Mamou #999333 Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351

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Human Cost Of The Death Penalty

The number of innocent individuals who have lost their lives to the death penalty is unknown.

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People are executed every single year in cases where reasonable questions exist as to their innocence.

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There are individuals whose job it is to house the condemned, feed them their last meal, strap them to a table, take their life, and remove their bodies from the room.

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Vengeance is not mine.

The price is too high.

There are currently two back to back executions scheduled in the state of Texas for the month of September.   Those will be followed by more in October.

Troy Clark #999351 is on the calendar to lose his live on September 26, 2018.

The following day, on September 27, the same facility will take the life of Daniel Acker #999381.

I have sent the following letter to the Texas Board Of Pardons and Paroles for each of these individuals.  Please feel free to copy, paste,  and revise in any way you like and send to bpp-pio@tdcj.state.tx.us.

Dear Members of The Texas Board Of Pardons and Paroles,

I sincerely request that you recommend to Governor Greg Abbott a lesser sentence than death in the case of Troy Clark #999351, who is scheduled for execution on September 26, 2018.

The Death Penalty doesn’t just take one individual’s life.  It also inflicts irreparable damage to everyone who loves and cares for that person. Their parents, siblings, friends and loved ones.  It can’t be undone.

Just as importantly – it is a burden that every single person in the process of enacting the execution should not be made to bear.

The events that took place to get an individual on death row are inarguable.  They exist.  Guilt or innocence may be arguable, but the events – happened.

The reality of enforcing a Death Penalty for those who must have a hand in taking a life share the same guilt as those – whoever they are – that created the original hurt.  It’s a contradiction of everything it stands for.

If it is a question of faith in a country that is founded on Christianity – there is no question.  Vengeance is not ours.  Please, stand for what is right, and recommend mercy.

Thank you for your time,

You can also call the Governor Abbott Information and Referral and Opinion Hotline at: 512-463-1782; and The Office of the Governor Main Switchboard can be reached at 512-463-2000.

Words from the real people on Death Row in the United States – who I believe include some that are innocent:

“’You know, in my day your kind would’ve never gotten so much generous attention. We simply would’ve brought you out yonder, found a good ole tree to hang ya from. Just one less…’ he was saying just before he cut himself off” Charles ‘Chucky’ Mamou, Death Row

 “It’s baffling that people can actually believe justice is being served by watching a man being strapped to a table and having an IV inserted into his arm to be filled with poison until it kills him.  Justice…”
Travis Runnels, Death Row

I just heard on the radio they put him to death,
And his last words were, “I can finally rest.”
I feel ya bro, no more pain and misery,
Rest in peace my friend, you’re finally free. Troy Clark, Death Row

I’d been labeled a murderer by all those that mattered. There’d be no more tedious claims of innocence for doubters to discredit.  There’d be no salvation for people like me as long as there are people like them.  And there’d be no hope of a better tomorrow when my tomorrow was upon me today. Chanton, Death Row

I seen Lil Jack get in that van.
I seen Big Buck get in that van.
I seen Thread get in that van.
I seen Smoke get in that van.
I seen Chester get in that van.
I seen Ross get in that van.
I seen Tick get in that van.
I seen Savage get in that van.
I seen Bones get in that van.
I seen Diaz get in that van.
They won’t get me, ‘cause I have a plan.
I don’t want to kill myself,
I don’t want to kill myself.  Pete Russell, Death Row

 

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Laughing Matters

Imagine an agitated rattlesnake, poised and ready to strike, and you’d know what it’s like to know my Grandma Fannie. Though small in size, she had a mountain of attitude, with a low tolerance for nonsense. Grandma chastised with a straight forwardness that came off as mean and fussy, yet behind her snappiness and rigid demeanor was a loving woman who put her family first.

Grandma’s favorite pastime was fishing. It was an enjoyment she shared with us all. Where family squabbles would create wedges, fishing would bring us together. The best fisher in the family was Grandma. While we struggled to manage one casting rod, Grandma used several. Even on days when the fish weren’t biting, they’d always snack on her bait, and she had a knack for choosing hotspots that resulted in filling her buckets with fish.

One evening we all got together and headed out to Lover’s Lane, a secluded area on the countryside popular for its fishing. Cloudless skies enriched our spirits while songbirds chirped at our arrival. Uncle Kenny went off to search for snakes, believing they hung out in good fishing spots. My brother, Ray, was tasked to keep near my mom to unhook and rebait her rod. Grandma tended to my cousin, Teeka, and I as we settled around the creek with our poles.

Fishing was a ritual that never changed for Grandma. I watched as she placed one bucket and scooped water in another, baited her hooks, and went to work. In no time, she was pitching fish in her bucket, while Teeka and I barely had nibbles.  I scratched my head in wonderment. What was she putting on her bait? Soon, I grew bored with my pole and toyed with the fish gathered in the shallow water.

“Git still, boy!” Grandma snapped, “That’s why ya can’t git a bite.” Her sharp tone was enough to make me mind her, but it did nothing to resolve my boredom. Moments later, I peeped over my shoulder, before taking another step toward mischief. “Boy, git back here! Where you think you’re going?”

“Nowhere, Grandma. I’m right here.”

Amused by the activity along the bank, I barely turned around when I heard my mother’s voice warn, “Mama, don’t get so close to that water.”

Grandma was too stubborn to take advice, especially when it came to fishing. With her attention on me and her fishing equipment, Grandma failed to watch her step.

“Ma-a-a-ma!!,” my mother yelled as I jerked around to look. Grandma’s feet were off the ground, her body horizontal, as her legs pedaled in the open air, arms flailing wildly in a backstroke.

I was grinning before Grandma even touched down, thinking, ‘That’s what her mean self gets.’

Splash! Grandma landed in a spray of muddy water as I fell to the ground in laughter.

My mother yelled for help, “K-e-n-n-y! Hurry up! Mama done fell in the water!” Grandma stood up in shallow waters, her lost wig a drenched casualty.

“You better stop laughing at my mama,” my mother threatened, while I rolled around with my stomach in knots. Uncle Kenny came and helped Grandma to the bank before wading out in the water to retrieve the wig. Aside from embarrassment, Grandma turned out to be okay. Later, we all shared a laugh.

My fondest memory of my grandma Fannie was that day at Lover’s Lane. She taught me the value of a family laughing together, though it came at her expense. In August, 2010, my grandma passed away at the age of 82. Though I’ve cried many nights as I’ve struggled to find closure, I think of her and that day now, and I am still able to laugh.

©Chanton

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