The Case of Preston Hughes III: Shandra's Trail

Fifteen-year-old Shandra Charles and her 3-year-old cousin Marcell Taylor were brutally murdered at night in an overgrown field in Houston, Texas. The police claim Shandra lived long enough to identify her attacker as "Preston." The police located Preston Hughes in a nearby apartment complex. Hughes confessed not just once, but twice. He was convicted and sentenced to death. He has been on death row for more than two decades. Nonetheless, I have little doubt he is innocent.

For  complete listing of all previous posts for this case, see the Table of Contents I have created for this lengthy series.

In this post, I will walk with you along the trail taken by Shandra and Marcell the night they were killed. This geographic and temporal transport is made possible by the photographs recently provided by Barbara Lunsford. Once again, I thank her.

Two voices will narrate the walk. The first, of course, will be mine. That's a given since there is no way I could remain silent for so long as this walk will take. The second voice will be the one in your head, that of a Jack Webb like character reading from the police reports of Homicide Sergeant D.J. Gafford and Crime Scene Unit Officer F.L. Hale.

I'll begin. Jack can wait a bit. Using the police reports and Google maps, I previously reconstructed the overhead view of the crime scene in my post Geography.  Here's the image I presented when I knew no better.

I cautioned in my post that I had the most confidence in constructing the trail with the two white dots, representing the approximate location of the bodies. I had less confidence in the trail to the south, and no particular confidence whatsoever in the other trails. Here's what I had to go on. Take it away, Jack.

There are numerous trails through these tall weeds but there are two main footpaths that run generally east-west. The main trail, the one with the most traffic, appears to be the one on the south side of the large burned out building in the center of the lot, directly behind the restaurant. There is another well used trail to the north of the burned out building that lead from the back of the restaurant to the rear of two apartment complexes on east side of the vacant lot. The complex to the south is called the Lakewood Village apts and they carry an address of 11770 Westheimer. The complex on the north is the Lakehurst Apartments. ... There were numerous side trails leading off the two main trails in the lot.

I knew also that Drew Hartley and his wife had been walking through the field to get to the Stop N' Go and that they apparently entered and/or exited the field at the car wash.

Now I offer the first of several overhead photographs of the area taken sometime before the murder. It's clear they were taken well before the murder because the car wash has yet to be constructed. Here's the first overhead, and an enlargement of the trail area.

You're in a helicopter. You're looking down and west. Fuddrucker's is near the top of the image. The Lakehurst Apartments, where Preston lived, are at the lower right. The Lakewood Village Apartments are at the lower left.

The obvious feature of the photograph, particularly in the enlargement, is the "large burned out building in the center of the lot." The south trail is to the left. It is clearly larger than the north trail, barely visible at the lower right of the burned out building. There's a big difference between those two trails. The northern trail, the one less traveled, the one taken by Shandra and Marcell that night, is clearly going to be more obscured and darker than the southern trail.

I don't see any trails heading north or south (left or right) in this photo or in any of the nine other overhead shots. I don't see any other east-west trails either. The only two trails that I can see are those shown in the picture, and one of them is barely visible.

Now if you will just have the helicopter pilot swing around to the south of that area, you will see this shot, looking north. My previous recreation should match this photo. It doesn't.

What I find interesting, very interesting in fact, is that the wide south trail forks. One branch continues nearly straight and must serve the fine folks of the Lakewood Village apartment complex. There must be a hole in the fence just north of that red car. The other branch veers north, and seemingly serves the fine folks of the Lakehurst Apartments. If so, it would join the narrow northern trail and empty at the hole in the fence by the power pole.

In either case, I find the northern fork interesting indeed. If it does not lead to the Lakehurst Apartment complex, why is it as well traveled as the southern fork? If it does lead to the Lakehurst Apartment complex, why would Shandra have elected to take the more narrow, the more heavily covered, the darker northern trail? In either case, there is mystery here.

Now back to Jack.

There is a wooden fence that runs east and west that separates the two complexes. This fence ends at the vacant lot and there is a utility pole at that location. ... There is a hole in the fence that provides free access to the apartment complex.

Here's a picture showing the hole in the fence looking from within the Lakehurst Apartment complex.

That is one world-class hole in a fence. The scofflaws didn't just tear out five-foot worth of fence. They built a privacy wall. Possibly the people in the apartment complex didn't want those people at the fence opening to see into the complex. More likely, the people transacting business at the fence opening did not care to be viewed by the security guards at the apartment complex. Either way, all parties seem to have agreed on the value of the privacy wall. It had been there for a while. It's visible in the overhead shots already presented, and those shots were taken before construction had even begun on the nearby car wash.

Notice that it's dark out there past that hole in the fence. It's pretty dark on this side of the fence as well, when not being illuminated for photography. Let's step through the opening and take a peek back into the apartment complex. You'll see how dark it was in there that night.

What did I tell you?  Now let's swing around and take a look into the field we're going to walk through.

Whoa! It must have been really dark out there. In fact, it was even darker out there than suggested by these pictures. These pictures were taken sometime past midnight, when the moon was high in the sky. When Shandra and Marcell were attacked, the moon was much lower in the sky. Check out the image below to understand my point.

I obtained the moon path data from WolframAlpha, the mathematical search engine. If you wish to do so yourself, go to WolframAlpha.com, enter Moon Houston September 26 1988 in the search field, and click the equal sign.

When the police investigators were out there past midnight, the moon was higher than 60 degrees above the horizon. Given that the moon was nearly full and the night was clear, the moon would have provided a reasonable amount of light, assuming you were standing in the open. Let's hear what the police had to say about the lighting that night. Take it away, Jack.

The weather was clear and warm. ... In the vacant lot, there were no lights but there was still enough light to be able to see where one was going. Visibility was assisted by officers flashlights and a video flood light.

That raises an interesting issue. No flashlight was found on or near Shandra or Marcell. Nor was a video flood light found nearby. Shandra apparently picked the darkest path possible even though she had no flashlight to help her find her way.

Compared to the police, Shandra and Marcell were at a further, substantial disadvantage in seeing. Not only did they have neither flashlight nor flood light, the moon was lower in the sky when they entered the trail.

The attack occurred no later than 11:30 PM. At that point, the moon would have been 45 degrees above the horizon, in the east, behind us as we walk to Fuddrucker's. If you look again at the first overhead shot, which was taken from the east, you will see that there is but a short segment of this path that might have been lit by the moon. If that helicopter dropped lower such that it was looking from a 45 degree angle, it seems as if none of the path may have been directly illuminated by the moon.

Some readers have suggested Shandra might have been attacked soon after 9:30 PM. They argue she could have left the Lakehurst Apartments soon after Evelyn left, sometime after 9:30, and walked to Fuddrucker's for the last fifteen minutes of its opening. At 9:30, the moon was but a little more than 20 degrees above the horizon. There's no way it would have illuminated the northern trail.

I still wonder what Shandra was doing there with Marcell that night. Whatever it was, it cost her own life and that of her young cousin.

As we continue to walk from east to west, from the apartments to Fuddrucker's, we come across Marcell's body. That's Marcell out there, to our right.

Tragic.

Preston Hughes did not kill that young man. To convince others of that, I'll be writing about this case for a while. I intend to proceed carefully and deliberately. I want this young man's killer to be identified. I want Preston Hughes to walk free. I suspect I'll be found wanting. At this point I'll simply take it a step at a time.

And so must we, as we continue to walk that trail on which Shandra and Marcell were murdered that night. Up ahead is another point of interest. It's the Busch beer can the killer may have left in the weeds. There it is, just ahead, again on our right.

I turn it over to Jack for a description.

Between ... where the [victims] were was an empty Busch beer can, which appeared to be fresh. The beer can was clean and had a small amount of condensation on the outside. This beer can was resting in the tall grass.

That beer can is one of the few pieces of evidence retained to this day. It has not been tested for DNA. I repeat, it has not yet been tested for DNA. For now, I'll leave it at that.

Up ahead is where they found Shandra. If it seems suddenly light outside, it's because we don't have a nighttime photograph of this shot. You wouldn't have been able to see the items of interest in any case. You'll just have to pretend it's dark, and the moonlight can't penetrate the trees behind you, and you have no flashlight.

Those items on the trail just ahead indicate where the paramedics treated Shandra as she lay bleeding out on the trail. You can see that she was attacked at a point just before the trail once again disappeared under the trees. That assumes, of course, that she was walking east to west.

Just a few steps more, and we'll have a better view of the scene, assuming we have a flashlight.

That appears to be medical waste laying on the trail. That appears to be Shandra's blood soaking into the earth. That appears to be a lot of blood.

There's more blood just to the right of the trail, lower in the photo, and that's interesting. If Sgt. Hamilton merely rolled Shandra over to speak with her, how did Shandra spill so much blood in two regions so remote, but not much in between?

Also disturbing is the large drink cup beyond and to the right of the medical waste. It's there, neatly tucked into the weeds.

What the hell is that doing there? Is it evidence? Should it have been bagged and tested for prints? Should it have been preserved? Could we have found DNA on the straw today if it had been preserved?

Perhaps it's not evidence. Perhaps instead it was left there by a police officer who sipped a nice cool beverage as he watched the life flow from Shandra. Perhaps that officer was more concerned about quenching his thirst than he was about applying first aid or preserving the crime scene. Instead of helping, he stood by sipping. Instead of preserving the crime scene, he contaminated it.

As I said before, there is little about this case that is not heartbreaking sad.

Let's continue. Not too much further.

As soon as we enter the trees, we come across the northern side of that large burned out building.

I don't know about you, but it seems creepy to me. Especially if it's late at night. And I don't have a flashlight. And there is no way the moon is going to illuminate it very well. Just enough to make it eerie.

Perhaps my imagination is getting away from me when I think that such a place might be occupied by drug addicts, or cut-rate prostitutes, or their clients, or zombies, or orks, or other ne'er do wells. In any case, I don't believe I would like my 15 year old daughter or my 3 year old son walking along this trail, so late at night, alone, without a flashlight. Even if there was an off chance for a nice, juicy burger at the end.

Let's get the hell out of here. There's the end of the trail now.

I know that the parking lot was described as well lit in the police report, but I'm tempted to disagree. Sure looks dark to me. The overhead shots show precious few lamp posts in the area. The few lights that are there seem to be towards the street.

Finally, we're at Fuddrucker's. Unfortunately, it's closed.

So much for the burger.

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The Case of Preston Hughes III: Barbara Lunsford

All of the case documents that Guest Blogger Al and I have used while writing about Preston Hughes III have come from the Mystery Crime Scene web site. That site is the work product of Barbara Lunsford, accountant, blogger, and wrongful conviction advocate. She has been at this far longer than have I.

I've been blogging for two years and a month. I've been working to free Byron Case for a few months more than that. I'm not sure how long Barbara has been blogging, but she has been working to free Betty Wilson for eight years. Eight long years. I repeat the introduction to her blog.

Nine years ago, if someone had told me I would be spending the next eight years of my life involved in injustice, I would have said "You are stark raving mad!". Well, I am here to eat those words.

Eight years ago a friend was telling me about twin sisters, Betty Wilson and Peggy Lowe, from Alabama who were arrested and tried for supposedly hiring an alcoholic, drug addict con-man, James Dennison White, to kill Betty's wealthy husband, Dr. Jack Wilson, who was a very well-liked and well-known eye doctor in Huntsville. Both sisters were tried on the same evidence and lying testimony. Betty was convicted and sentenced to life in prison with no chance of parole because she was a rich bitch and slept with a black man in Alabama. Peggy, the saintly one, was acquitted. The convicted con-man, who never really admitted to killing the doctor, has come up for parole several times but is still incarcerated. 

After spending six years studying this case including both trial transcripts, putting up an extensive website (http://hankford.com/bettywilson) and spending the remaining two years putting together a book about this case Killer For Hire - The Final Chapter of the Alabama Twins Murder Case, I, as many others, believe that the real killer of the doctor is walking around free. Neither of the twin sisters had a motive to have the good doctor put away but the doctor's ex-wife and son did. 

As time permits, I hope to present other similar cases of injustice along with information on books, movies, TV shows, video games, etc., related to mystery crime. In the meantime please visit http://mysterycrimescene.com/. 

One of the cases that she has presented is that of Preston Hughes III. I'm not sure what prompted her to pursue the Hughes case, but I understand she obtained the case documents on her own dime. Actually, she obtained them on 4,000 of her own dimes. That was what she was charged for copies of the documents she obtained from the Houston PD, or the Houston DA, or whomever. She does not have copies of the trial transcripts because they would have cost her 32,000 of her own dimes.

I am impressed with what she has done with the data they sent her. I like that she made much of the data public. I like that she constructed a timeline. I like that she did a careful accounting of the photos. (She discovered that some had been and are still being withheld.) I like that she tracked the physical evidence as it allegedly moved through the system. (She discovered several substantial and interesting irregularities.) I like that she took the trouble to carefully examine the documents. (She discovered what may be evidence of a falsified voluntary consent to search form.) I like how she focuses on data-supported reasoned argument as a means of correcting what she perceives to be an injustice. I like working with her as I work on the case of Preston Hughes III.

I learned of the Preston Hughes case while working on the case of Frances Elaine Newton, probably innocent and certainly executed. (See The Three-Gun-Monte, Sack O' Fertilizer Conviction and Execution of Frances Elaine Newton.) It is the pathetic work of the Houston PD crime lab that joins them. In Newton's case, the Houston PD crime lab failed to track the alleged murder weapon (a handgun) by its serial number. It's likely they associated the wrong handgun with Newton, and thereby killed her. In Hughes' case, the Houston PD crime lab did not even test the alleged murder weapon for blood before the trial. In fact they first tested the alleged murder weapon from the witness stand, right there in front of the judge. The knife tested negative for human blood and positive for animal blood, just as Hughes claimed all along. The knife was nonetheless presented to the jury as the murder weapon, and thereby helped place him on death row for the last couple decades.

Without the initiative, hours, and dimes of Barbara Lunsford, I would have learned nothing substantive about Preston's case. Based mostly on what she presented on her blog, I am reasonably confident that Preston Hughes is wrongfully convicted.

I have since been communicating with Barbara via email. She has been incredibly generous and gracious with her time, her insight and her data. She has provided me with copies of Preston's two confessions, the police statement provided by Drew Hartley, the police statement provided by Barbara Ann Szekely, all other photographs she had of Marcell and Shandra, all other photographs she had of the crime scene, and ten overhead photographs of the area that the Houston PD sent her. Everything she sends me stimulates my thinking. I have much to study and write of. 

In return, I have shared with her several significant discoveries of my own, still unreported in this blog or anywhere. As I said, I have much to study and write of. However, before I begin presenting posts based on the information she has so kindly provided me via email, I wanted to take a moment to thank her publicly for her efforts in general and for the assistance she has provided to me in particular. It is a pleasure to be working with her on this case.

I'll end with the tag line for her blog, one that is eerily similar to that of The Shadow:

What Evil Lurks in the Hearts of Men and Women?

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The Case of Preston Hughes III: Table of Contents

This blog already includes much writing about the case of Preston Hughes III. Much more will follow. I therefore summarize below all the posts related to his case. I will update this post, this Table of Contents, as I add new posts regarding the case.

This Table of Contents is intended to help both me and the readers of this august blog. It will make it easier for readers to familiarize themselves with the case, and to locate any particular post. It will also free me from the need to summarize the case and all previous posts at the beginning of each new post.

09/27/2001:  An Offer and a Challenge -- In which I challenge readers to investigate any case of possible wrongful conviction, and in which I offer use my blog to publish their findings.

10/07/2011:  The Lingering Case of Preston Hughes III -- In which I ask readers to help investigate the specific case of Preston Hughes III.

10/13/2011:  Reader Response to My Offer and Challenge -- In which I note that multiple readers expressed interest in writing of specific cases of wrongful conviction. Three readers expressed interest in writing of Preston Hughes III.

01/30/2012:  Part 1 of 2 -- In which Guest Blogger Al actually writes of Preston Hughes III. (Fifteen-year-old Shandra Charles and her 3-year-old cousin Marcell Taylor were murdered late at night in a vacant lot in Houston, Texas. The police claim Shandra lived long enough to identify her attacker as "Preston". The police located Preston Hughes in a nearby apartment complex. Hughes confessed not just once, but twice. He was convicted and sentenced to death. He has been on death row for more than two decades.)

02/01/2012:  Part 2 of 2 -- In which Guest Blogger Al provides his analysis of the crime and identifies an alternate suspect. (Hughes provided two confessions. Each confession contradicted the other, and each confession was contradicted by the evidence at the crime scene. Shandra's dying identification of Preston as her murder is questionable, particularly in light of the officer's inability to correctly hear the name of the apartment complex at which Preston lived. The physical evidence in the case is questionable. Preston's previous conviction for sexual and aggravated assault is also questionable. A possible alternate suspect is Douglas Swanson, now serving a life sentence for multiple sexual and aggravated assaults.)

03/02/2012:  Geography -- In which I describe the geography of the crime scene. (When murdered, Shandra and Marcell were walking through an overgrown vacant lot late at night. I question what she was doing there.) [Post 1; 2074 words]

03/05/2012:  Shandra's Final Day -- In which I describe the events of Shandra's final day on this earth. (Shandra had been with her friend Evelyn most of the day. In the evening, they walked from Shandra's home, with young Marcell now in tow, to the residence of some unidentified friends in the same complex where Preston Hughes lived. Though Evelyn received a ride home from one of their friends at 9:30 PM, Shandra stayed behind. Shandra and Marcell later walked through the dark and overgrown vacant lot, destination or purpose unknown.) [Post 2; 5214 words; 7288 words cumulative]

03/10/2012:  Weed -- In which I hypothesize that Shandra may have been in the vacant lot to sell marijuana. (A small bag of marijuana was found in Preston's apartment. Preston claims it was planted there. Preston claims also that the police told him that they had found marijuana both in his apartment and on Shandra's person.) [Post 3; 1726 words; 9014 words cumulative]

03/22/2012:  Shandra's Final Hour -- In which readers learn of the pathetic efforts to save Shandra's life. (No one provided even minimal first aid at the scene. There was an unexplained lag between the time the dispatcher was informed of the need for an ambulance and the time the ambulance was notified of that need. Though they took Shandra first to West Houston Medical Center, which was but a mile away, they then sent her to Ben Taub Medical Center, 15 miles away. She was declared DOA at Ben Taub an hour and fourteen minutes after the dispatcher was first notified of her plight.) [Post 4; 4041 words; 13,055 words cumulative]

03/31/2012:  Table of Contents -- In which I first posted this Table of Contents.

03/31/2012:  Barbara Lunsford -- In which I credit Barbara Lunsford for her efforts to bring the case of Preston Hughes III into the public forum. ("Without the initiative, hours, and dimes of Barbara Lunsford, I would have learned nothing substantive about Preston's case. Based mostly on what she presented on her blog, I am reasonably confident that Preston Hughes is wrongfully convicted.") [Post 5; 1021 words; 14,076 words cumulative]

4/01/2012: Shandra's Trail -- In which we walk along the trail on which Shandra and Marcell were killed. The mystery deepens as to why Shandra was out there that night. [Post 6; 2387 words; 16463 words cumulative]

4/03/2012: Pools of Blood -- In which readers learn how one might survive, or how quickly one might succumb to a severed carotid artery. [Post 7; 968 words; 17,431 words cumulative]

4/07/2012: Eleven Twenty Five -- In which readers learn how long one might remain conscious and alive with a severed carotid artery, based on expert testimony from various trials. ("Of the seven cases I found where experts testified to such times, none of them, I repeat NONE of them testified anyone could remain conscious longer than 5 minutes without medical intervention. ... So the first two officers arrive sometime after 11:30 PM and find Shandra unconscious. No surprise there. Then the third officer arrives five or so minutes later, after Shandra has bled out even more, and he finds her not only conscious, but sufficiently alert to interview. And with what remains of her blood still flowing from within, she identifies Preston Hughes as her killer. ... Houston, we have a problem!") [Post 8; 2702 words; 20,133 words cumulative]

4/8/2012: Cases Involving Severed Carotid Arteries -- In which I provide a link and a quick summary for each case I used in constructing the plot I presented in Eleven Twenty Five. [Post 9; 3739 words; 23,872 words cumulative]

4/10/2012: Lakeside -- In which readers learn of the existence of Lakeside Green Condominiums within 6 minutes walking distance of the crime scene. ("So there you have it. It is exceptionally unlikely that Shandra Charles could have been conscious when Sgt. Hamilton arrived at the scene. If one nonetheless accepts his report at face value, then Shandra Charles did not identify Preston Hughes as her attacker. She identified someone who lived at Lakeside. That is Lakeside. Not Lakewood. Not Lakehurst. Lakeside, exactly as Sgt. Hamilton claims he heard. Lakeside.) [Post 10; 2462 words; 26,344 words cumulative]

4/19/2012: Shandra's Neck -- In which I investigate possible paths for Shandra's neck wound. [Post 11; 1928 words, 28,262 words cumulative]

4/23/2012: Brain Teaser #1 -- In readers have an opportunity to identify which of three police documents is egregiously faked, and which is merely somewhat tampered. [Post 12; 493 words; 28,755 words]

4/28/2012: Documents Gone Wild -- In which I present my solution to Brain Teaser #1. In which also the integrity of the HPD investigation becomes more clearly suspect. [Post 13; 1069 words; 29,824 words cumulative]

5/1/2012: The 99 Cent Coin -- In which readers learn that Shandra had no coins in her pockets. She instead had five one-dollar bills and one five-dollar bill. The money she had in her pocket is inconsistent with her returning from Fuddrucker's. It is, however, consistent with reports that she was in the field that night to purchase drugs as I suggested earlier in Weed. [Post 14; 939 words; 30763 words cumulative]

5/8/2012: Stabbings Well Done -- In which readers can contrast the stabbings as described in Preston Hughes' confessions with the stab wounds as described by the fill-in medical examiner during Preston Hughes' trial. [Post 15; 1821 words; 32,584 words cumulative]

5/13/2012: Stabbings Redeaux -- In which I discuss the inconsistencies between Preston Hughes' confession and the medical testimony at his trial. [Post 16; 1938 words; 34,522 words cumulative]

5/18/2012: Brain Teaser #2 -- In which readers are challenged to offer insightful observations regarding the neck wounds as described in the autopsy reports, recently provided by the Harris County Institute of Forensic Science. [Post 17, 512 words; 35034 words cumulative]

5/23/2012: Dark -- I which readers learn from Shandra's autopsy report that she had multiple, fresh needle marks in the pits of her elbows. This finding further reinforces the hypothesis that Shandra was in the dark, overgrown field that night for a drug transaction, as I suggested in  Weed and  The 99 Cent Coin. [Post 18; 448 words; 35,482 words cumulative]

5/29/2012: Back -- In which I announce that I will post of no subject other than Preston Hughes (and impending executions) until I have completed my series on Preston Hughes. [Post 19; 207 words; 35689 words cumulative]

5/29/2012: On Being Blunt -- In which readers learn from the autopsy reports that none of the stab wounds had a blunt end. This finding excludes the Preston Hughes' knife as the murder weapon. [Post 20; 1182 wors; 36871 words cumulative]

5/31/2012: Exsanguination -- In which readers learn that the autopsy reports make clear that Shandra's carotid and jugular were "transected" (completely severed) while Marcell's carotid and jugular were "perforated" (not completely severed). This suggests that Shandra must have bled out more quickly than Marcell. Given that Marcell apparently died just as the first officers to the scene discovered his body, this suggests that Shandra died before the police alive. She could therefore not have provided a dying declaration (naming Preston as her assailant) to Sgt. Hamilton as Sgt. Hamilton claimed in his police report. [Post 21; 826 words; 37694 words cumulative]

5/31/2012: Silence of the Lambs -- In which readers learn that sheep are slaughtered by the severing of their carotid and jugular on one or both sides. When the carotid and jugular are severed on one side only, brain death occurs in 70 seconds. [Post 22; 424 words; 38,121 words cumulative]

6/3/2012:  Where's Willis -- In which readers learn that sheep are good analogues for humans, at least when it comes to studying how long one might live with one or two severed carotid arteries. [Post 23; 1149 words; 39270 words cumulative]

6/4/2012: Shime-Waza -- In which readers learn that properly applied judo choke holds can render a human unconscious in approximately 10 seconds. This information directly supports the body of evidence previously presented that humans will lose brain function in 14 seconds or so if both carotids are severed. The choke hold information supports indirectly the body of evidence that humans will lose brain function is 70 seconds or so if just a single carotid is severed. The choke hold information thereby casts further doubt on the police claim that Shandra Charles provided them a dying declaration on the night of her murder. [Post 24; 492 words; 39,762 words cumulative]

6/9/2012: Right Tool for the Job -- In which readers learn that a dagger was more likely the type of weapon used to kill Shandra Charles and Marcell Taylor.  Specific types of daggers, referred to as sticking knives, have long been used to sever the carotid arteries of livestock during slaughter. [Post 25; 807 words; 40,569 words cumulative]

6/12/2012: Marcell's Neck -- In which I insert Preston's knife into Marcell's neck and learn that the knife blade was too wide to have created Marcell's neck wound. In which I learned also that Preston's knife blade was too wide to have created Shandra's neck wound.  Preston's knife could not be the murder weapon for two reasons. First it is too wide. Second, as explained in On Being Blunt, it is single-edged where the murder weapon was double-edged. [Post 26; 1462 words; 42,031 words cumulative]

6/15/2012: Witness To Murder -- In which the reader learns of Drew Hartley and Barbara Szekely, husband and wife, who were walking through the dark, overgrown field that night and may have witnessed the prelude to the murder of Shandra Charles and Marcell Taylor. [Post 27; 2587 words; 44618 words cumulative]

6/22/2012: Meet the Hartleys -- In which the reader learns of the criminal record of Drew Hartley. [Post 28; 1562 words; 46,180 words cumulative]

6/23/2012: Frankenmap -- In which I introduce to the world my creation: an overhead view of the crime scene as it may have existed on the day of the murders. [Post 29; 324 words; 46,504 words cumulative]

6/25/2012: Prelude to Murder, Act I -- In which the Hartleys ran in fear from the field where Shandra's body was later found. They thought thought they were being stalked by shadowy figures, reported such to the employees at the Stop N Go, who then called police. [Post 30; 2233 words; 48,737 words cumulative]

6/27/2012: Prelude to Murder, Act II -- I which the Hartleys become separated be talking to the police who had been summoned to the scene. [Post 31; 1528 words; 48,737 words cumulative]

7/1/2012: Prelude to Murder, Act III -- In which Drew Hartley, while searching for his wife, heard a woman scream and may have witnessed Shandra Charles being dragged into the overgrown field where she was later discovered, stabbed in the neck. I estimate the time when Drew heard the scream and possibly witnessed Shandra abducted. [Post 32; 2531 words; 51,268 words cumulative]

7/4/2012: Independence Day 2012 -- In which we learn that Preston Hughes may be scheduled for execution in November. [Post 33; 1792 words; 53,060 words cumulative]

7/9/2012: Summary -- In which I provide an occasionally updated summary of the case of Preston Hughes III. [Post 34; 2566 words; 55,626 words cumulative]

7/10/2012: Brain Teaser #4 -- In which readers realize that of two photos allegedly showing the exterior of Preston's apartment, one actually shows a different building. In which also, one reader identifies the actual building mysteriously included the photos associated with the case of Preston Hughes. [Post 35; 1280 words; 56906 words cumulative]

7/15/2012: Miscellany -- In which we learn that Preston did not wear his hair in an afro, as did the person who allegedly frightened Barbara Szekely from the dark overgrown field. In which we also learn that Preston did not walk through that field during while returning home from work. In which readers are reminded that, since Shandra Charles entered the field from the Lakewood Village apartments, she would have had to go out of her way to be on the more northern of the two trails. [Post 36; 1291 words; 58,197 words cumulative]

7/17/2012: The Big Sleep -- In which I outline the shocking implications of Shandra Charles dying soon after having her carotid severed. In which I also present my hypothesis regarding how the police quickly homed in on Preston Hughes, since Shandra's rapid death precluded the possibility of her naming Preston in a dying declaration. [Post 37; 3264 words; 61,461 words cumulative]

7/18/2012: Madness! --  In which the State and people of Texas schedule Preston Hughes to die sometime after 6 PM on 15 November 2012. [Post 38; 54 words; 61,461 words cumulative]

7/21/2012: Exceptional -- In which I describe a rare situation in which someone might survive a severed carotid without receiving prompt medical care. In which I also why Shandra Charles was not exceptional in that regard. [Post 39; 702 words; 62,163 words cumulative]

7/24/2012: Floor Plan -- In which I present the layout of Preston's apartment, and identify which of two apartment units must have been Preston's. [Post 40; 1101 words; 63,264 words cumulative]

7/26/2012: The Searchers -- In which readers can move from room to room in Preston's apartment, seeing the evidence collected from the various rooms. In which also I state with confidence that none of Preston's clothes had any visible trace of blood on them. [Post 41; 2463 words; 65,727 words cumulative]

7/27/2012: Brain Teaser #5 -- In which I ask: What the hell happened to brain teaser #3." In which I also challenge the readers to explain why I am right or why I am wrong when I claim that none of Preston's clothes had any visible trace of blood on them. [Post 42; 500 words; 66,227 words cumulative]

7/27/2012: Brain Teaser #6 -- In which I challenge readers to identify which, if any, items were removed from Preston's apartment but not included in the inventory of evidence collected. [Post 43; 1072 words; 67299 words cumulative]

7/29/2012: The Searchers Part 2 -- In which I test my eyeglasses on my couch to see if Shandra's eyeglasses could have fallen or slid in between the cushions of Preston Hughes' couch. [Post 44; 813 words; 68,112 words cumulative]

8/1/2012: The Searchers Part 3 -- In which I contrast Officer Hale's interest in carefully testing the eyeglasses for prints with his lackluster effort to find prints on the Busch beer can found at the crime scene. [Post 45; 1044 words; 69,156 words cumulative]

8/3/2012: The Searchers Part 4 -- In which I fail miserably to account for all the 35mm pictures Officer Hale may have taken. [Post 46; 2355 words; 71,511 words cumulative]

8/4/2012: The Searchers Part 5 -- In which I finally finish this overly long mini series within a series by talking briefly of the maroon shirt and marijuana found on Preston's dining room table. [Post 47; 379 words; 71,890 words cumulative]

8/12/2012: Singularity -- In which the reader is challenged to find a subtle but significant clue in a single photograph. In which the reader realizes that the police have illegally searched Preston's apartment not just once, but twice. [Post 48; 731 words; 72,621 words cumulative]

8/12/2012: Down the Rabbit Hole -- In which I speculate on the events that surrounded the two searches of Preston's apartment. [Post 49; 2600 words; 75,221 words cumulative]

8/14/2012: Opus 50 -- I which I direct the readers to David Protess' article regarding my exploration of Preston's case. [Post 50; 249 words; 75,470 words cumulative]

8/23/2012: KPFT Interview -- A YouTube clip of my 6 minute interview by KPFT radio regardings Preston's case. [Post 51; 17 words; 75487 words cumulative]

8/24/2012: 20G40 -- In which we consider more carefully Sgt. Hamilton's insertion of himself into this case. [Post 52; 1326 words; 76,813 words cumulative]

8/29/2012: Confession #1 -- I which I provide Preston's first confession, in its entirety, along with the circumstances surrounding that confession. In which I ask the readers whether they believe Preston's first confession to be true or false. In which I ask the readers to defend their thinking. [Post 53; 3958 words; 80,771 words cumulative]

9/2/2012: A Blogger's Cruelty -- I which confess to the cruelty of insisting that people defend their beliefs about Preston's first confession in particular, and our justice system in general.. [Post 54; 667 words; 81,438 words cumulative]

9/4/2012: 14244 -- In which I make the case that the words found in Preston's first written confession are more likely Sgt. Gafford's words than Preston's words. Assuming I am correct, Sgt. Gafford unwittingly provided guilty knowledge of his earlier, illegal search  of Preston's apartment. [Post 55; 1190 words; 82628 words cumulative]

9/7/2012: The Big Why -- In which I explain that Preston Hughes confessed because he was told he would be allowed to go home if he did so. [Post 56; 710 words; 83,338 words cumulative]

9/9/2012: The Big How -- In which I explain how to extract a confession from a suspect, whether or not that suspect is guilty. [Post 57; 3520 words; 86,858 words cumulative]

9/13/2012: Easy Peasy -- In which I explain why it was particularly easy to extract a confession from Preston Hughes III. [Post 58; 757 words; 87,614 words cumulative]

9/17/2012: The Gingerbread Man -- In which the children's story of The Gingerbread Man becomes a parable for Preston's reason for signing the second confession. [Post 59; 1320 words; 88,935 words cumulative.]

9/22/2012: Confession #2 -- In which I conclude this series by describing why Preston Hughes signed the second confession. [Post 60; 1625 words; 90,560 words cumulative.] 

The Impending (But Stayed) Execution of Tommy Arthur

Tommy Arthur sits on death row awaiting execution by the people of Alabama. The execution, recently scheduled for Thursday 29 March, has been stayed (possibly only briefly) as the parties argue over Alabama's execution protocol.

Arthur's case is complicated by multiple trials, ever moving execution dates, unstable accomplice testimony, favorable and unfavorable inmate testimony, last moment eyewitnesses, possible witness intimidation, a last moment confession from the alleged real killer, an offer to recant the confession in exchange for visitation privileges, legal tussles over DNA testing, lost and destroyed DNA evidence, inconclusive DNA test results, and less than accurate court documents provided by both the State and Arthur's defense team. This case is, in summary, a confusing morass of claims and counterclaims.

I will attempt to clarify all in this modest post, but I doubt I will succeed. In any case, at the end of this post, I will either oppose the execution or stand mute regarding it's propriety. I will do so based on whether or not I believe there is any reasonable chance of Tommy Arthur's factual innocence.

I begin by presenting the best summary of the case I was able to find. It is from a the adverse appellate decision of Arthur v. State (1996). I have changed the format of the presentation slightly to improve readability. I include my observations in brackets.

Thirteen witnesses testified for the state, the state's case being bottomed on the testimony of accomplice Judy Wicker, Wicker having been indicted and convicted by a jury verdict for the intentional murder of her husband, Troy Wicker. 

Wicker's conviction and life sentence were affirmed in May, 1983 at Mary Jewel Wicker v. State. Wicker was in state custody when she testified on Wednesday of the trial week. [Before her testimony, Wicker was serving a life sentence for the murder of her husband. After her testimony she was released on parole. Arthur's prosecutor had previously been Wicker's defense attorney.] 

Proceeding Wicker's testimony: 

Eddie Lang, sergeant with Muscle Shoals Police Department, testified about observations of Ms. Wicker's movements on the morning of the killing, February 1, 1982, and his observations of the house where the deceased was murdered. 

Joseph Gary Wallace of the Department of Forensic Sciences, lab director in Florence in 1982, testified about his observations at the scene, the gathering and transfer of physical items from a certain Buick Riviera vehicle 

Brent Wheeler and John Kilbourne of the Huntsville forensic lab testified about lab procedure. 

Joel Reagan, who ran a mobile home sales lot testified about the defendant's employment at his place of business. 

Talmadge Sterling, correctional officer at the Decatur Work Release Center, testified about defendant's residency at the center as did Pat Halliday, employed at the center, who testified about a discrepancy in the defendant's payroll records. [The summary seems to leave out a critical piece of inculpatory evidence. Because of discrepancies in Arthur's records, Arthur's clothing was searched. Twenty $100 bills were found in his pockets. Such a substantial sum would require some explanation from someone having such limited financial resources as did Arthur. More on this issue during the discussion of the defense witnesses.]

Pat Yarbrough Green, who testified that she became acquainted with defendant at Cher's Lounge (Ms. Green was employed at Cher's Lounge in "parole" status, having suffered several felony convictions); that defendant wanted to talk privately at the lounge; that in the kitchen he asked the witness, "Can you get me some bullets? Has to be .22 caliber mini mag long rifles."; that she enlisted the services of a third person to go across the street to buy the bullets; that the defendant gave her $10.00 for the bullets; that while waiting on the delivery of the bullets the defendant stated, "Someone will be killed in Tennessee. Don't worry, it won't be traced to us."; also, that defendant asked witness if she had access to "jars" or knockout pills and asked if she knew where defendant could get some jars/pills; that she gave the .22 bullets to the defendant. [I distrust this testimony because (1) it is snitch testimony, (2) possibly purchased by the State by threat or promise of favor, (3) uncorroborated though it could be corroborated by the third person who provided the .22 caliber rounds, and (4) the third person seemingly was not even identified, much less forced or allowed to testify.]

Debra Lynn Phillips Tynes, manager of Cher's Lounge and defendant's paramour, states that on the day of the killing the defendant was late for a lunch date, that ultimately defendant and she went for a car ride across the Tennessee River Bridge; that defendant stopped the car and threw into the river a "plain black garbage bag" wrapped in a sheet, stating that "I want to get rid of some old memories." [Being late for lunch is hardly evidence of committing murder early in the morning. On the other hand, the testimony about throwing the garbage bag into the river seems quite inculpatory.]

Dr. Pirl, toxicologist, stated that there was no ethanol in the deceased's body nor could he detect any narcotics. 

Dr. Aquilar testified as to cause of death; that deceased was shot at close range through the closed right eye.

James Otis Garrard, clerk of the circuit court of Marion County testified regarding ... court documentation reflective of defendant's prior conviction for second degree murder. 

Judy Wicker, who at the time of her testimony in the latest trial resided at a work release center in WetumpkaTidwell Homes; that she and Teresa discussed killing Troy in early 1981; that several conversations occurred between she and Teresa regarding killing Troy; that there was $90,000 worth of life insurance on Troy's life; that the defendant Arthur called her by phone and stated "I'm hired to do a job -- kill your husband'; that about one week after the phone call she and Arthur met at Arthur's father's house or at Reagan's Mobile Homes; that there were sexual encounters between she and Arthur; that she knew the day of February 1 that this was the day her husband was to be killed; that the night preceding the killing she, her husband and Teresa had a drinking party at the Wicker home; that she dropped the children at school on February 1, met ... her sister, finally getting together with Teresa "out by the airport"; that Teresa was driving a Riviera; that defendant was with her, "made up" to look like a black man -- face blackened, wearing an Afro wig and gloves; that Arthur got out of Teresa's car and into her car; that she smelled alcohol on his breath; that he had a pistol plus a garbage bag; that en route to the Wicker home she asked Arthur not to "do it," "I'll give you money or whatever"; that Arthur stated "The SOB deserves to die"; that she had left her husband in bed asleep; that upon entering the house defendant began destroying things. "We went to the bedroom, I ran but I heard the shot. I ran to the utility room --"; further, that she ended up in the den, receiving a blow to the head "battering my head badly, knocking out some teeth, upper lip cut into my nose. I didn't have an upper lip."; that previously it had been established that she was to say that her and Troy's home was burglarized and she was assaulted by a black man; the first persons she saw on regaining consciousness were her sister and a detective; that after the killing she and Arthur continued to talk, go places together; that upon receipt of the insurance money witness paid Arthur $10,000, paid her sister, Teresa, $6,000 and Theron McKinney received some jewelry and a Trans Am automobile. [In her previous 7 sworn statements, including her own trial, Wicker swore under oath that she had been attacked and raped by the murderer, a black man, obviously not Arthur. Clearly, Wicker would lie under oath, either previously or during the Arthur trial(s), to save her skin. Her testimony, in my opinion, demands substantial corroboration. I find it disturbing also that neither her sister nor brother-in-law were charged for their role in the murder. If Wicker's testimony was true, it was her sister that orchestrated the murder. I find it suspicious that Arthur's prosecution used to be Wicker's defense attorney.] 

Witness Wicker was thoroughly cross-examined by defense counsel as to the prior contradictory statements she made to the police and under oath at her trial, as to what she expected to gain from testifying. [According to several sources, Arthur's court appointed attorney was, by Alabama state law, limited to no more than $2000 remuneration for a capital case.]

The defense case featured four witnesses: 

Officer Coan, a scene witness. 

Bruce Carrol, an inmate at St. Clair prison who stated he lost $6,500 to the defendant in a poker game. [I find this difficult to believe. I'm loath to rely on snitch testimony, whether or not the inmate hopes to benefit from either the state or the defense.]

Ronald Spears, an inmate at West Jefferson prison who stated that Patsy Yarbrough Green had previously stated to him "The cops told me to lie on Tommy regarding the .22 bullets". [Once again, it's always difficult to tell  which snitch might be telling the truth.]

Gene Moon, residing in Cullman County Jail, stated that "Inmate Murry gave me an envelope with $2,000 in it and I put it in Tommy's coat," thus accounting for the defendant's possession of an inordinate amount of currency at the work release center. [This seems inconsistent with the defense's earlier claim that the money was found in Arthur' clothing because he had won it in a poker game, with another inmate.] 

The defendant did not testify. [The defendant has a Constitutional right to not testify. The invocation of such a right is neither inculpatory nor exculpatory.]

This case is wafer thin on forensic evidence and profoundly thick with accomplice and snitch testimony. As a juror, I would be forced to decide it the State sufficiently corroborated Wicker's story by the testimony that Arthur, soon after the murder, threw a garbage bag in a river and that $2000 were found in his clothing. I would find the defense's conflicting arguments about the source of the money to be counterproductive to their case. Though I would need far more of the trial testimony and exhibits to reach a verdict, I can envision that I would have voted guilty beyond a reasonable doubt.

Three separate juries did find the evidence sufficient, though I argue frequently that juries tend to be too compliant and insufficiently skeptical.

Three substantial developments followed the three trials. The defense located two alibi witnesses who affirmed that Arthur was with them at the time of the murder; an inmate confessed to the murder of Troy Wicker; and DNA evidence from the crime scene tested negative for Arthur's DNA. I'll consider the developments in turn.

In 2002, the owner and an employee of Copper Mobile Homes each provided Arthur's defense team with an affidavit claiming that Arthur had been with them on the morning of the murder. Since their business was located 75 miles from the scene of the murder, their recollections, if honest and accurate, would exonerate Arthur. Their stories were strikingly similar in detail, though each claimed they had not spoken with the other prior to providing their affidavit.

Each person claimed that Arthur, in an effort to gain employment, offered to help them deliver a mobile home to Birmingham and help set it up. They declined. The next day, they each heard of the murder, but thought little of it. After Arthur was arrested for the murder, they talked about how he been with them on the morning of the murder. They did not mention to the police, or the prosecution, or the defense because no one asked. They agreed to sign the affidavit 20 years later only because Arthur' defense team had finally asked each of them (independently) to do so.

Not long thereafter, each affiant provided an additional affidavit, this time to the State, essentially recanting what they had said in their affidavits to Arthur's defense team. One person claimed he was heavily medicated. The other said that, upon further consideration, he cannot be sure of the date on which they spoke with Arthur at Copper Mobile Home.

Not long thereafter, the defense team provided affidavits strongly suggesting that the two witnesses had been intimidated by the state to recant. Of the three sets of affidavits, I find the last set most likely to be true. In other words, I suspect (but cannot prove) that the mobile home witnesses were incorrect (or untruthful) about being with Arthur that specific morning, and that the State improperly applied substantial pressure and threats to get them to recant.

In 2008, Bobby Ray Gilbert confessed to killing Troy Wicker. Gilbert's confession, if honest and accurate, would exonerate Tommy Arthur. Gilbert's confession nicely fit Judy Wicker's later version of the murder except that Gilbert, rather than Arthur, was the hired killer. Part of Gilbert's claim was that he and Judy Wicker engaged in unprotected sex after the murder. Gilbert, who was serving life without parole for another crime, confessed once he learned that he was ineligible for the death penalty due to his age at the time of the crime.

In 2009, based in large measure on the confession of Gilbert, the DNA evidence still remaining from the crime was finally tested. No usable results were obtained from the wig. The only significant results came from small samples of semen located in Judy Wicker's jeans and underwear. That semen tested positive for Troy Wicker, negative for Tommy Arthur, and negative for Bobby Ray Gilbert. The DNA finding corroborates Judy Wicker's prior claim that she had sex with her husband soon before he was killed to provide evidence of a recent rape. She did not, of course, realize at the time that DNA testing would later prove or disproved her story.

After the DNA testing and an evidentiary hearing into Gilbert's confession, the Court found not only that Gilbert's confession was false, but found that Arthur had committed a fraud on the Court. The Court found that Arthur slowly fed details of the crime to Gilbert by passing him notes. The Court found that Gilbert was offered and anticipated several benefits in return for his confession. The Court found, substantially in my opinion, that Gilbert offered to recant his confession in return for increased visitation privileges.

I find reasonable the Court's detailed argument that Arthur perpetrated a fraud via Gilbert's confession. Coupled with the conflicting inmate testimony about the origin of the $2000 in Arthur's clothing, I suspect that Arthur also orchestrated the affidavits of the two post-conviction alibi witnesses.

Much of the information I've relied upon for this post comes from Tommy Arthur's web site. I refer you to that site for a more stout defense of his case. Based on my review of the evidence, however, I believe that Tommy Arthur did indeed murder Troy Wicker. With respect to the propriety of his execution, I therefore stand mute.

For other cases in which I study and reject superficially compelling claims of factual innocence, see my posts on Cleve Foster and Steven Woods.