Category Archives: Sentenced to Death

The Mamou Transcripts – Part II

As revealed in Part I, Kevin Walter, the state’s first witness, contradicted himself repeatedly on the stand.  He agreed when the defense attorney questioned, Once some police detective shows you, tells you about how we’re not worried about you and this dope case; we’re interested in prosecuting this guy, and that’s the first time you’ve come forward with information, and you had basically explained what you testified to on direct examination?”

Walter’s answer was, “Correct.”

Which makes many wonder – what is the value of snitch testimony?  Is it valuable enough to sentence a man to death?   It wasn’t only testimony that was given by someone involved in criminal activity, but the testimony wasn’t even able to place Charles Mamou at the scene of the crime for which he is sentenced. 

According to Kevin Walter’s testimony – he came forward with information only after he was told they weren’t interested in his dope case – the interest was in prosecuting ‘this guy’ – Charles Mamou.

Kevin Walter didn’t have anything to contribute to the jury that could point to Mamou murdering the victim.  But, he was able to testify regarding the drug deal and apparently avoid prosecution for his involvement.   

After his testimony, the state presented some individuals who came upon the scene of the drug deal gone wrong and some detectives, but no information was shared that would point to Charles Mamou as a murderer.  As a matter of fact, their testimony at times highlighted the deception of the other states’ witnesses who lied repeatedly when questioned. 

And then Dion Holley took the stand.  Mr. Holley was one of the individuals whose role on the night of the drug deal was to rob Charles Mamou, and after testifying against Mr. Mamou, it appears he, also, was never charged with his involvement.

Mr. Holley spoke freely about his participation in a drug deal and when asked by defense, “What were you going to meet about?” Holley replied, “About him buying some drugs.”

Holley was asked, “What was your understanding of what was going to happen at Northline?”

“That Mamou was going to trust Kevin Walter with the money.”

Defense, “How much money?”

Holley, “It was supposed to be $20,000.”

Defense, “$20,000.  Trust him with the money to do what?”

Holley’s answer, “To get him some drugs.”

There was no question that the man whose testimony was being used to convict Mamou of capital murder was very involved in a drug deal and the events that took place that night. 

Mr. Holley was also aware there was at least one gun involved and when asked of his associate in the drug deal, “Now did Terrence Gibson have on – in his possession, a gun?”

The answer was, “Yes.”

Mr. Holley also testified, as did Kevin Walter, that it was Dion Holley, Kevin Walter and Terrence Gibson who went and picked up seventeen year old Mary Carmouche, involving the seventeen year old in a drug deal and planned robbery.  It was, according to Holley’s and Walter’s own testimony, their actions that brought Carmouche to a drug deal involving what was believed to be $20,000, a robbery and at least one gun.  Again, regardless of their testimony, it appears they were never charged with anything.

Dion Holley also testified to lying to the police, just as Kevin Walter testified before him.  When asked about talking to the police after the drug deal, “And did you lie to them?”

“Yes.”

Again, when asked, “Did you – so the time they first came to talk to you, you never told them the truth about what happened?”

The answer from Holley, “That’s correct.”

Not only did Dion Holley testify to lying when first questioned by the police, he also testified to lying when they questioned him again. 

“Did the police come back at a later date and talk to you again?”

“Yes.”

“And were you just as uncooperative the second time they came as you were the first?”

“Yes.”

“And did you continue to tell them lies?”

And Holley’s answer was once again, “Yes.”

Dion Holley continued to testify to his own lying.

“At any point in time, did you ever tell the police a true story about what happened?”

“No.”

Again and again, Dion Holley testified to lying.  “The State asked you whether or not you lied to the police when they asked you about the circumstances of this case, and you admitted lying to the police?”

“Correct.”

“And you always lied to the police about the case?”

“Correct.”

“You’ve never given them the truth about this case?”

“Correct.”

When questioned about the night of the drug deal, Dion Holley testified regarding his intentions and when asked, “What is your understanding about what your role is going to be in this plan?” Holley replies, “For me to have the drugs.”

The defense asked, “So this is the first time that your friend, lifelong friend, Kevin comes to you and says, I’ve got a plan; we’re going to rip somebody off?”

“That’s correct.”

“And that’s okay with you?”

“At the time, yes.”

“Okay.  And at that time, throughout that night, it was okay with you?”

“That’s correct.”

“In fact, you played a major role in making that happen, correct?”

“That’s correct.”

When describing what he thought was going to take place at the scene of the drug deal, Holley said, “I thought he was going to hand the money over to Kevin.  We was going to drive off, supposedly going to get the dope, but just get on the freeway and leave.”

And – once again – Holley testifies to lying after being asked, “The story that you told the police later about being boxed in is a lie?”

“That’s correct.”

“And you did tell them that story, right?”

“Pretty much.”

After Dion Holley left the stand, the jury knew that he testified to lying repeatedly, he was a drug dealer, and he was a key participant in a plan to rob Charles Mamou at gunpoint if necessary.  He also testified that he and Kevin Walter, another witness for the state, brought the seventeen year old victim to the planned drug deal and robbery.

Apparently, Dion Holley was never charged for his participation in any of the events that took place.

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

Related Articles:   What Does It Take To Get On Texas Death Row;
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

Writing By Charles Mamou

REFERENCES:
Harris County, Texas. Charles Mamou, Jr. Vs. The State Of Texas. Sept. 1999.

Loading

Testimony Worthy Of An Execution? THE MAMOU TRANSCRIPTS – PART I

Charles Mamou was sent to death row in 1999, based on a case with no eye witnesses, no DNA, and now weapon.  The state needed to present something though, and here is an excerpt from the testimony of the prosecution’s first witness in the case that sent Mamou to death row in Texas:

Q.  But at some point, you’re clear thinking; you’re able to tell the police what took place, right?

A.  Not as I can recall.

Q.  You recall –

A.  I could not talk.

Q.  That’s why you used the notes to write to the police?

A.  I guess.

Q.  Then you would know.  Were you aware of what you were writing when you wrote to the police?

A.  No.

Q.  So, you weren’t aware.   When is the first time you told them about the good samaritan story?

A.  I don’t remember saying that.

Q.  You don’t recall telling the police that some guys looked like they were broke down and ya’ll stopped to help them?

A.  No.

Q.  Are you saying you never told the police that?

A.  I’m not saying that either.

Q.  Now, was there a point in time when you decided that it was okay to tell the police what had happened once you realized you weren’t going to be prosecuted for anything, correct?

A.  Correct.

Q.  Is that what caused you to then come forward and say, Here’s how – what I was going to do.  Once some police detective shows you, tells you about how we’re not worried about you and this dope case; we’re interested in prosecuting this guy, and that’s the first time you’ve come forward with information, and you had basically explained what you testified to on direct examination?

A.  Right.

THE COURT:  Approach the bench for a second, please.

That was part of the testimony of the State’s very first witness, Kevin Walter.  According to his own testimony, which contradicts itself throughout, Kevin Walter was a participant in a drug deal in which he planned to take money from Charles Mamou and his associates by force if necessary.  

Many of the details of the drug deal gone wrong will vary throughout the trial, but everyone agrees that Kevin Walter was involved because he was selling drugs he didn’t have, and planned to take the money in a variety of ways – according to which part of his testimony you choose to believe.  Within his testimony, there are so many variations of that night it is hard to know exactly what he testified to. 

Ultimately, Kevin Walter got shot during the mutual attempted robbery.  None of the parties involved has been charged in that shooting.

As to how the ‘plan’ to rob Charles Mamou began, Kevin Walter testified about a conversation he had with Dion Holley, an associate of his:

Q.  How was it that you just came to just hook up with Mr. Holley in November of 1998?

A.  Well, when he was shooting basketball, I just asked him did he want to make some money.

Q.  Okay.   And I take it that Dion was not surprised that you came and asked him if he wanted to make some money?

A.  No.

Q.  And so, you presented to him what you referred to as the plan, correct?

A.  Yes.

So it was in November of 1998, the beginning of a plan was put into motion.  The details of the plan are very unclear during the testimony with the most consistency being in the contradictions themselves.

For example:

Q.  Tell me what you thought.  Did you think Mr. Mamou was a snitch right then?

A.  Yes.

Q.  Yes or no?

A.  Yes.

A few questions later:

Q.  You’ve already described why that didn’t happen because you thought he was a snitch, right?

A.  No, not really.

Regarding his intent, Mr. Walter stated:

 A.   Whether he was a snitch or not, I take this money.

Q.  So, even if he was working for the police department, you would be willing to take his money from him?

A.  Oh, no.

Q.  Whatever it takes?

A.  Oh, no.

Q.  If you knew he was a police officer, you wouldn’t take his money from him?

A.  No.

Q.  I thought you said even if he was a snitch, you would take his money from him?

A.  That don’t mean the police was there.

Q.  So if the police weren’t there, you would do whatever it takes to take the money?  Fair statement?  This is all about you getting twenty grand, right?

A.  Right.

Q.  How were you going to divide it between you and Holley and Gibson?

A.  I don’t know.  Once we took the money, we would divide it.

Q.  You worry about that later on; get the money first?

A.  The main thing was to see the money, count the money.

Q.  Take the money.  There was a third part to it, right?  Right?  See the money, count the money, take the money?

A.  Yeah.

Q.  I believe your testimony when Mr. McClellan was talking to you was the plan was to rob the defendant, Charles Mamou, correct?

A.  Correct.

Throughout his time on the stand Mr. Walter’s restates his plan to rob Mr. Mamou.  At one point he goes into more detail about the plan:

Q.  And when he asks to see the dope, it’s part of your plan to do what?  How do you respond?  What’s your plan?

A.  It’s down the street.

Q.  And that was not true, you had no dope, right?  

A.  Right.

Q.  You never had any intention of giving him any dope?

A.  Right.

Q.  From start to finish, your plan is to rip him off?

A.  Right.

Q.   At some point, when it’s obvious to you that twenty thousand is no longer an issue, according to your testimony, and it’s only forty-five hundred, you’re still wanting to rip him off even for the forty-five hundred?

A.  Yeah. 

At one point Mr. Martin seems a little off balance after the defense attorney refers to him, using the word ‘afraid’.

Q.  Now through this entire time, you indicated to the jury earlier that you were afraid that this man is going to rip you off, right?

A.  Right. 

Q.  That’s running through your mind the entire time?

A.  No.

Q.  What?

A.  I’m listening.

Q.  Is that true?

A.  Yes.

Q.  And would it be a fair statement that the places where the meetings were taking place up to that point were public locations, open to the public?  People could drive by, walk by, see what was going on?  Do you understand my question?

A.  No, but I was just listening to you say afraid.   I never said I was scared.

Q.   You weren’t afraid of Mr. Mamou?

A.  What you mean by afraid?

Q.  Well, what do you mean by afraid?

A.  I wasn’t really scared.

Q.  You were just going to rip him off?

A.  That’s what – yeah.

During the States’ questioning, Mr. Martin continued to contradict his testimony.  He had already testified that he never had a gun, but when describing an earlier part of the evening when it was just him and his friend Dion Holley, he testified:

Q.  Was part of the plan to rob Charles Mamou at gunpoint?

A.  No.

Q.  What was the plan?

A.  To take his money and—

Q.  How were you going to get him to give you the money?

A.  Once we count the money, then we take the money.

Q.  Just going to jump in the car and run?

A.  No.  It was at gunpoint, of course; but it wasn’t no plan.

Q.  Pardon?

A.  If it was going to be gunpoint, yes, of course, once we count the money.

Q.  But Terrence Gibson wasn’t there?

A.  No, no, he wasn’t.  I didn’t see him.

Q.  Did you have a gun?

A.  No.

Q.  Did Dion Holley have a gun?

A  No.

Q.  How are you going to do it at gunpoint?

A.  I don’t know.  I was going to see can I walk away with the money.

Upon recross examination, he was asked about that again.

Q.  Your testimony was that if it was necessary at some point to have a gunpoint to force the money, you said that was okay, isn’t it?

A.  Yes.

Again, later in the testimony:

Q.  And you knew that if it came to gunpoint, then so be it, in terms of getting the $20,000 from Chucky Mamou?

A.  Yes.

After the conclusion of Kevin Walter’s testimony, one is left knowing there is nothing certain about what Mr. Martin testified to regarding the night of the drug deal gone wrong.   And, the drug deal is all that he was questioned about, not the murder of Mary Carmouche. 

It appears that Kevin Martin was not charged for his involvement in any of the events that took place.

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

Related Articles:   What Does It Take To Get On Texas Death Row;
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

Writing By Charles Mamou

REFERENCES:
Harris County, Texas. Charles Mamou, Jr. Vs. The State Of Texas. Sept. 1999.

Loading

Letter From Key Mamou Witness – contradicting testimony?

“I’m glad you didn’t tell me shit about that cause I don’t wanna know shit, I feel better off that way.”

Letter written by Terrence Dodson to Charles Mamou, postmarked January, 1999.

Those were the words of Terrence Dodson, the prosecution’s ‘key’ witness, in a letter written to Charles Mamou while Mamou was incarcerated – and before Dodson testified to Mamou’s ‘confession’.  The jury never saw that letter.   

Terrence Dodson – an admitted drug  dealer who was involved in the planning and execution of a drug deal gone wrong in December of 1998, could not be considered a strong witness in the best of circumstances.   He was a drug dealer involved in a drug deal linked to Mary Carmouche’s murder, although it appears he was never charged with any crimes related to the incident after he testified.

In spite of his questionable background or possible motive for testifying, Harris County, Texas, prosecutors presented a case that weighed heavily on the only witness that tied Charles Mamou to the scene of the crime –Terrence Dodson.

Yet, all the while the trial was taking place in 1999 – there was a letter.  A letter that was never presented by the court appointed defense during the trial and one the jury never saw.   In that letter the key witness wrote to his cousin, Charles Mamou, who was at the time incarcerated, “I’m glad you didn’t tell me shit about that cause I don’t wanna know shit.”  Those words were written not long after Charles Mamou had supposedly confessed to him.  

The testimony of Terrence Dodson was a key piece of a case built against Charles Mamou that is riddled with more questions than answers.  There was no weapon.  There was no eye witness testimony.  There was no DNA.  During the sentencing phase of Mamou’s trial, victim impact statements were allowed from crimes that Mamou was never even charged with.

This all took place in Harris County, Texas – a county with a big reputation for sentencing people to death.  In 1999 Texas averaged nearly three executions a month.   According to Charles Mamou, the letter written by Terrence Dodson was in the possession of his defense attorney during his trial but it was ‘misplaced’ and not located until after the trial was concluded.

The letter has since been unaccounted for but became available this week and has since been forwarded to Charles Mamou’s current defense. 

Related Articles:   What Does It Take To Get On Texas Death Row;
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;
Testimony Worthy Of An Execution? The Mamou Transcripts Part I

Writing By Charles Mamou

Loading

Selfie


I am a ponderer of life,
Contemplating the now and what’s to come.

I am my mother’s son,
And my father’s – sometimes.

My greatest flaw was being everyone’s perfect,
But never my own content. 

I am unintentionally hypocritical,
Though such awareness keeps me grounded. 

I am a race against time in an unjust system,
To prove I am of value.

I am strong because I am vulnerable,
My truths no longer weigh me down.

I was dressed up insecurities,
I’m now dressed down and confident.

I am stilled waters on a stormy night,
My faith survives the chaos.

A glimmer of light in a distant place
Is the beacon of my hopes.

I’m the best of failed intentions,
Self-doubt on the doorstep of promise.

I’m a believer in the healing of humanity,
Though it’s people that give me wonder.

Who am I, one may ask… 
I am who I need to be.

©Chanton

ABOUT THE AUTHOR:  Terry Robinson lives on Death Row and has always maintained his innocence.  He writes under the pen name ‘Chanton’, and it is a true privilege to share his work. He can be contacted at:
Terry Robinson #0349019
Central Prison
4285 Mail Service Center
Raleigh, NC 27699-4285

All Posts By Chanton

Loading

Because They Can – Execution In Texas

In 1999, the year Charles Mamou was sentenced to death, Texas performed 35 executions.  The following year, they performed 40.  The state was and is very practiced at executions – but has it become too easy to execute?

Tough on crime is one thing, execution quite another.  There is no do-over.  The system is not faultless.  Innocent people have been executed, and they will continue to be as long as there are executions.   Those mistakes are more likely in a state that gets too comfortable executing.  History has already proven that it sometimes doesn’t matter if the cases in question involve minorities or the poor or both.

As Charles Mamou’s execution inches closer, many who have looked closely at his case feel he won’t be executed because he is guilty of the crime for which he was sentenced.  Some feel he will be executed because – Texas can.

Charles Mamou was guilty of being a drug dealer.  But in the case of the murder he will die for – there were no eyewitnesses, no confessions, no DNA, and no physical evidence outside of a shell casing found near the body that cannot be definitively linked to anything – in spite of the prosecution’s arguments.

So, in a year in which Texas averaged about three executions a month, the testimony of a handful of drug dealers who had a lot to gain by pointing the finger away from themselves, sealed the fate of Charles Mamou.  They didn’t even have to testify to witnessing the crime.  They all had a lot to gain in a capital murder case with the death penalty on the table – and nothing to lose but their integrity.

The night of the drug deal that started it all, Kevin Walter, Dion Holley and Terrence Gibson had guns and planned to meet up with Charles Mamou and his friends to sell drugs – which actually were not drugs.  They had nothing to sell.  That is why they went to the meeting with guns.  Each of the men intended to come away with cash from a drug sale in which they did not have drugs to sell.  There is no doubt each of the three – Kevin Walter, Dion Holley and Terrence Gibson – intended to commit  crimes that night with loaded guns in tow.  They were willing to go to extreme lengths to commit their crimes.   They also knew Mary Carmouche was out of sight and in their backseat.  Mary would be found dead two days later.

The buyers were to be Terrence Dodson (not to be confused with Terrence Gibson), Samuel Johnson and Charles Mamou.   Those three men also traveled with loaded guns and had no cash to make their purchase.  It was a drug deal – a crime – in which all parties were planning to come out ahead, with little regard for the others involved.  They weren’t there for charitable purposes – and the actions of them all indicated that at that point in time – they were each willing to give up their integrity for personal gain.

Of the sellers that night, Terrence Gibson lost his life.  He had a loaded gun and no one was ever charged with his death, and if they had been, there would be a strong argument for self defense.

Dion Holley testified for the State at Charles Mamou’s trial, and it appears he was not charged with any crimes related to what happened that night.  The vehicle the sellers were driving belonged to Dion Holley’s mother, and of the scant amount of evidence in this case, Dion’s print was the only one later found in the vehicle.  And – it was Dion’s friend, Mary, who was hiding in the backseat of the car they arrived in.   Holley testified regarding hearing shots at the drug deal, running, getting shot in the arm, seeing Mamou get in his mom’s car and hearing both cars leaving the scene of the drug deal.

Kevin Walter also testified for the State.  It appears he was also not charged with any crimes related to what took place, although he testified regarding the plan he and his friends had to arrange a fake drug deal and rob Charles Mamou of $20,000.  Mr. Walter was clear about his understanding of the planned robbery and his participation in it.

Samual Johnson testified for the State.  It appears he was also not charged with any crimes related to what took place, although he testified regarding his own involvement in the plan to rob men of drugs and his connection to the crimes.  Samual Johnson was the driver of the car that Charles Mamou arrived at the scene in.  Charles Mamou was actually from Louisiana, and did not have a vehicle in Texas, nor was he as familiar with the area as the men he was working with.

Terrence Dodson testified for the State, although there was nothing he could testify to that would benefit the prosecution regarding what he had ‘seen’ that night, because he was not at the scene of the drug deal.  But, according to court documents, Terrence Dodson was very involved in the drug deal, and it appears he was not charged with any related crimes.  But, Terrence Dodson was instrumental in arranging the deal, and also intended to rob the dealers with a gun he had.  Terrence Dodson had good reason to be concerned about what he might be charged with for his involvement in the murder, although he was not in the car by the time the deal actually took place.  During the trial Dodson testified that Charles Mamou ‘confessed’ to him that he had committed the crime because the victim looked at him ‘funny’.  Mamou has steadfastly denied this confession took place.

That is what the State had.  That was the closest that they could get Charles Mamou to the actual murder through witness testimony – several young men who all had something to gain by working with the State, all involved in criminal activity, and all with questionable integrity going into the trial.  Even with their testimony, which Mamou’s current defense says is ‘riddled with inconsistency’, none of them witnessed anything connected to a murder.   Mamou has always maintained that after the drug deal gone wrong, he and Samual Johnson drove back to the apartment complex he was staying at.  He was distraught and several other people saw Mary and interacted with her.  That was the last night he ever saw her, and she was alive.

Some would say Charles Mamou doesn’t matter, because he was a drug dealer himself.  It is correct that Charles Mamou was a drug dealer twenty years ago.  Since that time he has spent all his days in a solitary cell on death row in the state of Texas.   He’s now in his forties.   The chance of him ever resuming a life of dealing drugs is near non-existent – and being a drug dealer is not a crime punishable with death in this country.  If it were, the State’s key witnesses would be in neighboring cells.

Logic alone would make one question why Charles Mamou would call up a drug dealer and tell him he murdered someone because they looked at him ‘funny’, when he has steadfastly maintained his innocence.

One might also wonder how Charles Mamou located a deserted home in which to murder a girl in a state he didn’t even live in.  The witnesses who testified against him would be more aware of the surrounding area and more capable of accomplishing that.

In the case of Charles Mamou an execution may allow Texas to close a chapter, but his death will not answer the question of who killed Mary Carmouche.  There isn’t enough evidence to prove who killed her, and Texas quit looking for the answers soon after the crime took place.

REFERENCE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. CHARLES MAMOU, JR., vs. WILLIAM STEPHENS, CASE No. 4:14-CV-00403, AMENDED PETITION FOR WRIT OF HABEAS CORPUS . 4 June 2015.

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

Writing By Charles Mamou

Loading

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

Loading

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.

Loading

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

Loading

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

Loading

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

Loading