In closing arguments, Lynn McClellan fought for the death penalty, assuring the jury that while determining Mamou’s future threat to society, they could consider things they would, “hear about his character”. – Volume 24 of the Reporter’s Record at page 6
Mr. McClellan worked under District Attorney, Johnny Holmes, whose office was unquestionably skilled at acquiring death sentences, putting over 200 people on death row.
Ms. Connors, also during closing arguments, painted a picture for jurors, “And he takes her to Lynchester. He marches her to the back, and he makes her commit oral sodomy, makes her suck his penis. Imagine that, ladies and gentleman.” – Volume 24 of the Reporter’s Record at page 38
She used multiple adjectives to describe Mamou, arguing, “You know he will be a continuing threat.”
“He’s vicious.”
“He’s ruthless.”
“He’s cold-blooded.”
“He devastated and destroyed.”
The jury was convinced, determining Mamou should be executed, and the media ran with the sexual assault, even though Mamou was never charged with that.
Mamou could not counter the claims. Unfortunately, although it seemed unusual, the Autopsy Report did not include any mention of a rape kit being collected or any other trace evidence. There seemed to be no physical evidence found on the victim to aid in the investigation. Even her clothing was reported to have been in place, including her belt buckle.
Roger Milton was the medical examiner who performed the autopsy and was called to testify at the trial of Charles Mamou. Mr. Milton described the process of recording his findings.
A. Well, at the time of the autopsy, everything that we observe, we document on a chart, written as well as a verbal, dictation into a cassette tape. So, as we observe the appearance of the body externally, we describe it on the tape and continue to describe the entire autopsy. And that tape is later transcribed into a typewritten report form. – Volume 20 of the Reporter’s Record at page 51
Q. Is the information placed on the report made by someone who has personal knowledge of what they’re observing? That would be you, correct?
A. Yes.
Q. You have personal knowledge. You dictate your findings into a cassette recorder?
A. Correct.
Q. And it’s transcribed?
A. Right.
Q. And after you dictate your findings and the report is transcribed, do you review this report?
A. Yes.
Q. And as an assistant medical examiner, do you have care, custody, and control of the records at the medical examiner’s office?
A. Yes. – Volume 20 of the Reporter’s Record at page 51
According to the testimony, the entire autopsy is documented. So, when Mamou saw the Autopsy Report, it was apparent there was nothing found that might help in his defense. The thorough report included six single spaced pages of text describing the process, so detailed it documented where dry skin was located. What was obtained for toxicological analysis was described. A Report of Analysis of blood and urine was included. A seven-page Investigator Report was included which indicated Dr. Carter requested dentals to be done to confirm the victim’s identity. And although Mamou was accused of sexual assault by his cousin during the trial, there was no evidence to support or refute that – because it appeared no rape kit had been collected. There was no mention of it.
Or so Mamou thought until 2019. It was just last year he learned the Harris County D.A. knew one existed in 1999 and requested it be processed not long before the trial, the results to be forwarded to their office.
After a records request last year, it was found in Supplement Number 11 of Incident Report 157191298, that on Thursday, July 8, 1999 – a couple months prior to Mamou’s trial – “On this date, Sergeant Foltz received a phone call from D.A. Investigator Al Rodriguez requesting that Sergeant Foltz create this supplement and forward same to the Houston Police Crime Lab. Rodriguez advised the D.A.’s office is requesting that the rape kit obtained by the Harris County Morgue at the time of the autopsy be processed through our crime lab.”
The rape kit obtained at the time of the autopsy…
For twenty years, Charles Mamou never knew it existed, and less than a year ago he was told it did – and it has been sitting in the HPD Property Room all this time.
What other information did the rape kit contain that was withheld from Mamou for twenty years?
I contacted the Houston Police Department in an attempt to locate the results of the kit. I was told rape kit results were not kept in the Houston Police Department files, and upon further inquiries with the police department, I was ultimately told, “The rape kit results are irrelevant. Mamou was not charged with sexual assault, and he was given all that information during discovery. The opportunity to test anything is gone. That window of opportunity is closed.”
I asked the person who told me that if she considered the matter closed, and she replied, “Yes.”
Not to be deterred, I obtained the report through other avenues. The results the D.A. requested and received twenty years ago included, “Fingernail Scrapings” and “Trace Collection Items”.
Also reported, “No semen was detected on any items analyzed.” While the prosecution used ‘sexual assault’ allegations to their advantage – they had this information and never shared it with the jury or Mamou.
The jury and Mamou were also not told ‘hairs were collected from the t-shirt’ of the victim.
According to the report, included in the evidence is a “Plastic Ziploc (sealed) containing, ‘Trace Collection’ items – Not Analyzed.”
The only basis the prosecution had for sexual assault claims was Terrence Dodson’s statement claiming his cousin sexually assaulted and murdered the victim. As, shared previously, the ‘confession’ Dodson described could not have taken place the way he stated. Yet Dodson’s video statement to police – with all it’s inconsistancies investigators were aware of – seemed to have scripted the prosecution’s entire case.
Charles Mamou is out of appeals and awaiting his execution date.
Anyone with information regarding this case can contact me at kimberleycarter@verizon.net. Anything you share with me will be confidential.
TO CONTACT CHARLES MAMOU:
Charles Mamou #999333
Polunsky Unit 12-CD-53
3872 South FM 350
Livingston, TX 77351
