Z@©,©L(»/- C>Y
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
Ex Parte Larry Michael Francis § AND IN THE Applicant § lST JUDICIAL DISTRICT COURT
AT JASPER COUNTY, TEXAS Trial Court No. JD-8968-HC CCA No. 60,061-001
Cf/Jf/.`/>¢/.`/>
AMENDED ACTUAL INNOCENCE CLAIM SEEKING RELIEF UNDER
ARTICLE 11.07, SECTIoN 3 oF THE ' _ RECE|VED IN
STATE oF TEXAS coDE oF cRIMINAL PRocEDURE goumoFCHlMlNALAPPEN-S
iAN 20 2015 To THE HoNoRABLE-JUDGE oF SAID.coURT;
Applicant, Larry Michael F`rancis, TDCJ-MTC No. 0111;§@@Mcosfa,Clerk currently unlawfully incarcerated in TEXAS DEPARTMENT OF CRIMINAL JUSTICE - Management and Training Corporation located at Sanders Estes Correctional Center, 1100 Hwy 1807, Venus TX 76084, Johnson County, Texas, in pro se capacity and unable to afford an attorney, files this hiS_Amended“Actual Innocence Claim Seeking Relief Under Article 11.07, Section 3 of the State Of Texas Code of Criminal Procedure, to amend his claim amount for compensation and to request a Special Review of his Original claim(s) for relief.
Amended Claim Amount For Compensation
Applicant's original habeas corpus filing was made in March 2003, but was ignored by the court and no notice to Applicant was given to allow timely recourse or remedy of the claim. Since that time, subsequent filings of Article 11.07 have been dismissed under Subsequent Writ Doctrine without_written order and without prejudice. Applicant has remained unlawfully incarcerated for nearly twelve and one-half years (12% years). Applicant's claim for compensation is based on the usual one thousand dollars per
day ($1,000.00/day); however, the Courts limit aggregate compen-
sation to'a lump sum amount of eighty-five thousand dollars per year ($85,000.00/year) plus an annuity in the same (matching) amount ($85,000.00/each year in payments) plus a state-provided insurance plan equal to that of state employees. [Note to Court: To date, Applicant's lump sum amount has accrued to $1,105,000.00, and the matching annuity has accrued to the same amount; Therefore, as of this filing Applicant'S amended claim for monetary compene sation in the aggregate is $2,210,000.00, plus the insurance.] g Applicant's Request for Special Review Under the current review policy of Court of Criminal Appeals of Texas, known as Subsequent Writ Doctrine, most subsequent filings_for habeas corpus relief are summarily dismissed without written order unless there is evidence of ineffective assistance of counsel, an actual innocence claim, new evidence that was not available at trial, the outcome of the conviction would have been, different, and the Applicant has the ability to investigate and discover grounds to overturn his conviction. The usual Discretion- ary Review period has already expired on Applicant's last filing (most recent subsequent CCA No. WR-60,061~OO7), and therefore Applicant must-seek relief directly from the trial court officials under a request for Special Review» At the time of Applicant's unlawful conviction the District Courts had discretionary power to reverse unlawful convictions and restore lawful unadjudicated community supervision probated sentences, or reduce the sentences, or both. Applicant requests Special Review and provides for the Court's convenience true and correct copies of three (3) letters that Summarize best Applicant's claim(s) for relief: 1. February 28, 2008, letter to Ms Catherine Alexandra Simmons (Ex Parte Francis, 8968-HC-B and Request for Special Review Vote); 2. October 26, 2008, letter to Honorable Joe Bob Golden (Request for Rehearing on Motion to Adjudicate Guilt & Revocation); 3. August 285 2009, letter to Honorable Joe Bob Golden (Ex Parte Francis)
- Certification . All of the facts and allegations contained in the foregoing
document and in the attachments are true and correct and not misleading to the best of my knowledge and belief. Respectfully Submitted,
Larry Michael~Francis, Applicant
Signed on January 4,'2015§ at Johnson County, Texas.
THE sTATE oF TEXAS § . , JOHNSON COUNTY " - § SS: Signed Statement by Inmate
Certification of Service by Mailing True and correct copies of the foregoing document were mailed tot b Honorable-Judge Craig Mixson, lst District Court, 121 N Austin.St5 205 Courthouseg Jasper TX-75951;
District Clerk Kathy Kent, 121 N Austin St Rm 2023 Jasper TX 75951;
District Attorney Steve,Hollis & Assistant District Attorney Andrea Clinger, 121 N Austin St Rm 101, Jasper TX 75951;
County Sheriff Mitchell Newman, 101 Birch St,, Jasper TX 75951; 4
Deputy Sheriff Joe Sterling; Precinct 6 Constable, PO Box 507, Evadale TX 77615;
Chris Thomas, Director Adult CSCD, 121 N Austin St Rm 301, Jasper TX 75951; `
John Stephen.Seale? Attorney-at-Lawz 146 E Lamar, lasper TX 75951; `
Clerk of Court Louise Pearson, Texas Court of Criminal Appeals, Supreme Court Bldg, 201 W 14 St? PO Box 12308, Capitol Station; Austin TX 78711-2308;
Special Legal Counsel Brian McGiverin, Prison Justice League, 1405 Montopolis Dr, Austin TX 78741;
3.
file (2). \ ` VS€A»U_M/ZW@ Larry Michael Francis, Affiant Signed on January 4, 2015,
at Johnson County, Texas.
Reply to: Larry Michael Francis TDCJ~CID No 01118261 y Mark W Stiles Unit - ST/049 \ 3060 EM 3514 lQ-Bldg X-OSZ Beaumont TX 77705~7635 Thursday, February 23, 2008 Respondent: Catherine Alexandra Simncns Assistant Criminal District Attorney State Bar No 24037493 Jasper County Courthouse 121 N Austin Rm'lOl Jasper TX 75951
Re: Ex Parte Francis, 8968-HC-B and Request for Special Review vote
Dear Ms Catherine Alexandra Simmons:
lt is my understanding from information that I_received from Honorable Joe Bob Golden that you placed a vote on my recent time cut because curren‘ District Attorney Steven Hollis had been my defense attorney during my trial. You also signed Respondent's Original Answer in my application for a writ of habeas corpus (referenced- above). The writ was dismissed (not denied) without prejudice with no written order, and there is a motion pending for amendment of the yorder to dismiss. In plain terms, the CCA did not deny my writ on the merits of my petition. Your original answer was not timely filed; and according to statutes you are only permitted to file a general denial. The purpose 'of this' letter is to provide you with information that was not available to you, or was kept from you for political reasons..
In. this -letter I will be alleging prosecutorial misconduct committed primarily by former Assistant District Attorney in pursuit of a full`DA‘s position, and supported by trial officials and officers in the wh riff's Department of Jasper County. Dis trict Attorney Hollis will already be aware of some of the evidence in support of my complaint, and other supporting information is public‘ record because of information that I supplied to my file at Community Supervision Corrections Department during my probationary period and in the Memorandums In Support of my first two applications for habeas corpus relief. I affirm that my allegations are true and correct to the best of my knowledge and belief. I will attempt to be brief in my state~ ment of the facts, but I will also need to give enough detail to disprove any information in my file which is misleading or included by officials in bad faith. A probationer's file is intentionally kept from the eyes of the probationer, even though it is legally public record. Since I do not know all of the information that is in the file, I do not know what to dispute. This applies also to the file which was sent to TDCJ-CID from Jasper County.
I will reference information sources as follows: Court Records (CR), Trial Transcript (TT), Community Supervision Corrections Department file
including probationer's quarterly reports (CSCD), writs (HC~A) or (HC-B), Pre-Sentence Investigation Report (PSI), related verbally (V).
In a habeas corpus writ or in a Reguest For Time~Cut, an offender tells his side of the story and presents mitigating circumstances. I believe that my incarceration win TDCJ-CID is unlawful and that I should be compensated for the time that I have served and for bad faith actions by trial officials, and. that I should be immediately released from prison. I am not an attorney and ,I am defending myself in pro se capacity. The services of a post-convict- ion attorney are not guaranteed by the justice systemo T‘ reiort, I will plainly and clearly state my claim as best I know how:
NATURE OF MY CRIME
During the late sunner of 1998 (nearly 10 years ago now) I was solicited into a sex for trade `agreenmnt with my brother-in~law’s younger brother, Bradley Collier, who was 16 years of age at the tine. This type of agreement was new _to mel but not to him. He b&asted of four other "sugar~daddies" not including' his own grandfather. Inmediately after- our first time for sex, Brad began' to extort money and property from me or he would tell my wife and family about' whatv we were doing. Shortly before he became of legal age by statute for consensual sex, he reported me to the police through my niece, Lisa Jackson- (July 1999). lis allegations however were not indictable,'yet the District Attorney' s Office combined the allegations with another indict~ ment for my trial in April 2000. Bradley also downloaded some porno< raphic images onto my >computer against my refusal to allow it, and made a claim to Investigator`€urtis Frame that l had used my computer to solicit him.'. '
Nhen I was being questioned I'did.not know that officers had confiscated my computer and intended to keep it; When Curtis Frame typed into my confes~ sion'.that I had used my computer to encourage sexual activity with Brad, that was vtotally false, but I had no compelling reason to have him remove it from the printout, because I did not know that my property was at risk.
I did report to my brother~in-law, Jerry Collier, an inappropriate sexual contact with my 9-year~old nephew (sometime in the fall of 1998L Caleb often visited at my house and would ask if he could stay overnight. One night when I had fallen asleep in our living-room and was walking back to nw bedroom¢ I stopped at the bedroom where Caleb was sleeping, uncovered him¢ pulled down his underwear, and thinking he was asleep, I put my mouth on his penis, and my hands on his buttocks. l did this for about 8 minutes, still thinki 11g that he was asleep, but then I became disgusted at what l was doing and I starting worrying about him waking up and being hurt by what l had done. So I pulled up his underwear, covered'him, and left the room. He did not let me know that he was aware of what I had doney and he continued to visit in my home, apparently without discomfort or fear that it might happen again.
VILIFICATION
According to the most reliable source, a true incest offender has only a 5% recidivism rate, and that drop<= to O% after one year. even with no treatment (CSCD). Caleb was safe and confident 9 months before I was vilified by an arrest, because I became disgusted at what I had done. Caleb was not inse'urc in confronting me about my crime, and when he did,
I assured him that he had done the right thing . I confessed to his father¢ and I agreed to seek hhlp from professional counselors of his choice. He chose a group from Angelina County (one of the members had 30 years experience in law enforcement in Angelina County). After my first week's session and before they had made a determination to report my crime, my niece reported me to the Jasper County Sheriff'a Department, resulting in my arrest. Because Il was a fireman (one of them) I was paraded through a lineup of my fellow community servicemeni including sheriff's deputies, policemen, other fire- fighters, emergency corpsmen. They provided stern vilification for me.
District Attorney Guy James Gray instructed me to contact Forensic Psych~ ologist Edward' Gripon for an. evaluation, and he would appoint an attorney for' me if I would file for indigency (court~appointed) representation. Before Mr Gray -appointed Steven Hollis as my attorney, I had written 3 letters to the District Attorney'a Office (PSI). Mr Hollis then called me in for a "get~ acquainted meeting"- only, and told me not to write any more letters, which is what ‘I did; but Mr Hollis never called me for any follow~up meeting. Only on the day before my first meeting with Judge Golden did I receive a postcard from Mr ,Hollis alerting me to the court date. At that time I had no idea what my defense strategy would be.
For the 9 months that I awaited trial, I was not restricted from having contact with minor children. C?S Agent Crockett Finch had determined that I was not a threat in the juvenile population. I learned from my first meeting with Dr Gripon that he had 38 years experience in forensics, and that he was often called upon as an expert witnesa.for trials in Jasper.County~ From. the beginning I told Dr vGripon all about my sexual history,.He tested me thoroughly using the must advanced psychological tests. He determined that I was not a pedophile and that if was not predatory (PSI). he stated that my crime was opportunistic (not_planned), and that there was "no significant chance that I would re-offend in the juvenile population." In February ZOOO, he released me from care because "there was nothing to treat," and he sent his report to the District Attorney's Office. (PSI)
l had been first arrested on the charge of Aggravated Sexual Assault and released on a $l0,000 bond (I sold my Toyota truck)). and I went back to work. But then 1 received a call that I was needed at the Sheriff's Office, whereon my arrival there.l was again charged with Aggravated Sexual Assault (perhaps Douhle Jeopardy), and I had to post a $25/000 bond (I sold my Nit~ suhishi car). The alleged date of my offense was not correct: it was the date of my arrest. I didn't even know the date or tine. Nevertheless, Mr Hollis instructed me to sign a plea agreement to sexual assault (he marked out the phrase "any and all" allegations in the indictment so that the DA could not come back with a higher charge on a revocation).
PRE~SBNTENCE INVESTIGATION
My PSI was a fiasco with the "Good~Ole-Boys" led by Chria Thomas. Almost immediately after signing the plea agreement, Chris Thonms began presenting allegations that had not been made before my signing. He tried to charge me with allegations already known to he false in a CPS complaint, and he even presented the false allegations at trial. when I had found the images
that Bradloy had eecrotly‘ and maliciously stored on my computer, I deleted them and the folder that he had oreated. Chris Thomae went to the Sheriff's Office and restored the images, making it look like I had knowledge of them. l explained in court (TT) that I had only seen one of the images while it was on~acreen; I had never seen the'others~-only the file names when I deleted them. Chrie Thomae then claimed that he did-not use Dr Gripon anymote, and he took the false allegations from a very vindictive`and'meaneopirited pereon, along `with my| file, to Dr Ray_CoXe, a Sex Offender Treatment Provider, and according to Dr Coxe, Chrie Thomas told him that the false allegations were true, and that the DA nee"ed a report eto contradict Dr Gripon'e report. Dr Coxe told me that Chrie Thomas said that if the report contained certain wording (i.e. that I was §redatory and_a pedophile) that Dr Coxe could.count on much more business in the future from Jaeper County and other eurrounding countiee' who would turn to him for PSI'S. Dr Coxe admitted to me that he wrote into the PSI report the words that Chria Thomae had requested of him. '
inary sexual attraction is to adult maleS, not-juvenilea. My life
ny pr history is filled with appropriate relationships with childron. I am not
predatory and there is no legitimate reason that'I should he in prieon. Judqe Joe Bob Golden determined from my trial, even with the adverse PSI, that I should have unadjudicated probation rather than a prison eentence.
PROSECUTORIAL MISCGNDUCT`ALLEGATIONS
Jaeper County- is a ,small vrural county with relatively little crime. .In… ordetl.fon an AaaietanthA~to compete for a,fulerA'a positionp there moot be at`least some significant successful orosechhions. Otherwiee'a rural px:'os~v ecutor'e record will look skimpy-compared to those in crime rich neighbor~ hoode¢_ Aeeietant District Attorney- was extremely disappointed when Judge Golden pronounced my unadjudicated probation, and my attorney told me that "I wee a marked man in Jasper County." Mr-Hollie was not the only person to tell me that."$everal eheriff'e deputies admitted that Patriok,Hardy had pereonally~ told them to get something on me to revocate my probation. Both my CSO` (Thoronda Levias) and CSCDv Supervieor William Sparke told me that Patrick Hardy had been paeeed over twice for-DA, and he intended to revocate my probation no that he would not he passed over again. Both CSCD officers promised me that they would initiate a full investigation to protect me from prosecutorial .mioconduct by Mr Hardya Even Stacey Chambere admitted that ho' had eat me up' for Patriok Hardy'e record, eo that he could advance to the position of full District Attorney. Unfortunately for ne, when the time came for truth, Mr Hardy wrote an order to CSCD to prevent their intervention or any communication-with He. I went to a revocation hearing with the expecta- tion that CSCD was filing for an investigation into Mr Hardy'e misconduct.
NON;§ONDITIONAL PROBATION AND PERFORNANCE
Prohation conditions are atrictly an agreement between the judge and the probationer (HC~A). Frobation officers are not permitted to amend or alter conditions pronounced in court (HC-A). A PSI that refers to a lie~dete- ctor test (even if the defendant requests it, cannot be used, it is invalid. (HC»A)). The firet. issuance of probation conditions was defective. (HC-B).
Chrie Thomae unlawfully added conditions on the defective document. when a Nunc Pro Tunc order is.corrected, two iteme_may not be amended: the Defend- ante Nane end the foenee of Conviction“ (HC~B)1 At the issuance of the final Nunc Pro Tunc Crder for Probationer'a Conditions, Judge Joe Bob Golden inst~ ruoted CSG Chrie "nonaS that ;-iobe tioner Larry blichael Frencie was not requir- ed to eign the Conditione for Probation. (HC~B). I did not eign the agreement. Therefore, the revocetion of ng'probation is unlewful, becauee it 15 premieed on 5 violation of`e condition that l was not required to 51c1. (HC~B).
CSCD Supervisor Williem Sparks told ne that I was not required to take eex offender treatment because it was not a condition for me. He 3ugg ested that l volunteer for the program for its benefits alone. I agreed and volun- teered with tlie understanding that the claeeee would he one hour every other week (or eemi~monthly) end CSCD would pay for the costs of the program.;€hrie Thomae tried to force himeelf into our 5153555, but l 1iledn comyleint with the Sex Cffender Treetment Board of Texas Department 01 liealth to prevent Mr Thomae' interference 'with cur. claeeee The anrd ruled in my favor and' also filed t eir own complaint with the Board of Examinere of Peyohologiete because the person reireeenting herslef 55 my therapist was not licensed with tne minimum re~uirements for 5 Licensed Professional Couneelor. Dr`Clark net with Chrie Thomae .tne next meeting time, end 1 was o-5m1"“eu from the claes, unfairly. Chris Thomes had been removed irom my ceees becaue e of his
over- jealous end mea n~egiri ;ed allegations at my trial. (C5 CD).
When a §robationer is dismissed from a mandated_claee he 15 in jeoperdy of» revocationa~-Howeverv my attendance~wae‘not~mandeted;~3.thot\n my CSO told me that if l didn't get into another cleae, I would have tc spend each week~ end from Frida;' evening until Mondey morning in Count y Jail. ( CSCD).
I should have contested Me Levias' etatementi but I decided to enroll in wl ther class that was available in Beaumont, Nency Lyone SOTP. Problems arose there 3ecau5 LPC Cher;l Underhill. required CSO Theronda Leviae to amend my (uneiqned) conditions to prevent my contact with my victiu". Judge Golden had made no euch restriction. end had allow d my contact with Caleb, in writing (CSCD .& TT). z\cein I filed a complaint with the 5t5te Board an once again the decieion 555 in my favor (adminietratively end legelly). 5till, § was removed from the Clase 511d was eubj ecte d to the aoe"ibli y ofi eve ocetion on uneigned conditione end in 5 nonenandat=d cless. (““CD)1
Finally I eigned up for treatment with Dr Ray Coxe, the person who had given the adverse report to contrecdict Dr Gripon. Dr Coxe after 5_1ew weeks confeesed to me shat he had done et t.e requeet of Chrie Themee. 55 explained that ne w55' led to believe thet the fal5e allege tion5 had 5ctually air eedy been l"roven true, and that he 1 3 coeraed into a business arrangement with Chrie Thomae to point other county agencies in his direction. I Continued the oleee and graduated in July 2002 after t\o 1ea 5 of voluntary treatment.
COI€?LI.INCE NITH THE JUDTE'S CRDERS
Eeeide the conditions that I waexnm:required to Sign, ti'zei e were epecl Mf ic Or:ere given at 113 11ntentlng. I was n“qulttu to reimburse the te weu ry for the coe ts of my court~appointed attorney, Mr Stoven Hollie, which I did as
soon 99 the awount was re §orted to me (CSCD). I was required to serve for contribute value equal to) 270 community service hours (TT). Chris Thom&s was 9§§9ct9ug 99 to buy him a computer for hi$ desk, but I chose to give two now fire protection Suits to nw local volunteer fire de§artm~nt. I first h9d to arrange fe th9 ga§erwork to qualify them for the donation, buy the Suits, and then insure Lhat Chris Thomas g9v9 me credit for the hours (CSCD)
There' 999 no resti$;ution ordor9d for my vl"t;r, as none w99 raqu :awte (TT}. I. had to r9§0£t in to CSCD wo9kly; and §aya a mintenance fee of $40.00 per
month, which l paid in advance of the due date (CS CD). Note that the CSCD _never,~§ai§,,for. myv clas§e§… 99 _they had'agr=@é.l have submitted a requestr to CSG L9vi99 for compansation for time lo9t from my job, travel 93§9n599, and the $35.00 per week attendance fees during my volunteer §9rtici§ation in treatment (CSCD).
l nov9r mis99£ 9 schedulQG 9 pointm9mt, 9nd wh9n 59999929& l promptly met with CSCD Lor audits of my prcgress» I Submitted cuart@rly report‘o HW' §vogress w?zile in treatment, until E»r E9y Coxo ina Lr“L-r§ mc that it was not a requirement fcrr me to report to them dir@ctly Ho Said that he would Séud a quarterly r9§0rt with ihe minimum amount Of information that was ne@ded and no mmr§» `
_ CECD Sucerv`sor Nilliem Sparks to lo me :ha! if I had children in my v§higie that I should aleo nav‘e anothe‘ éful t in tn9 car, jua 90 that there would 99 no hara§sm&nt flom.uninforned persons. I agreed and complied with his sugg stion (CSCD).
Any tim than a qu@$tion was relsed by CSCD ragarding a condition, 1 responded in writing with 9 r'e" port cr an 3bv9¢t10~9.3 ;a.“€ six §olygro§h tests wherein l Stdt ®Jer lied to ny CQO, an@ th at I dié not have any thoughtB cf Sexual § ;ith children. Isubmitt@d to s veral P9 chho- Sexual Invent ory II "“ lra sic Sexual T\v€wfory II t98t9 to 99t9zmine
m althouoh th .999 Gid not hav@ to be 9a m>mitted
the~ vali§ity` of my ` L ~ n for concern) (Lyons and Cox@).
§raduation from SOTP u@ant that I hac§ godromceq ’}m> iasu 29 of my off$§ve and ha9 identifioé my primary Sezual ~tLLaot*on to oth 91" :9199 9¢ an` h&€ §9' ‘\
opeé §§Lo§rl~»Q 999991 rcla tion9hips with ma 199 15 \aars-dn old9r. I Jve not 'hovn any i:m lectlon to r9cidivat9 in th9 3uvo 119 ;mp l&t :io:h 99 wzs originally det§zm inod by Dr G.ri§on 'n 1999,
HH:W THEN WA$ HY PRC¢ATIJN REVOCATED?
Stao€y Chamber$ called him msa l: th9 Wn~wlu" D9al¢r" at 999 J9.9§9r County Sheriff’s Dep9rtm9nt became 9 he gets OffsnGers to tra:e Someona else for 9 l; seal charge or a free §999. In his rwchP1/Lv of "in 199t1 igation" he first charges a person with 9 much rcra s 99 off9n99 than the 9y 9 tually committed Such 99 "organized crime" or intent to distribute, for example. Ihen he offers them a chance to snitch on 9 r:mbooy 9199 v.'th a r@re ~MLl\§Q faifen$e. This is what happened with Aum 9" Hookor Mept that I was not juil y of any crime. When Aubre" turneo 18, he called me and as k9o me to §ick him up 9t his work.
He told me that he knew that I coul6i have sexual contact with anyone over the age of 18, and that he knew t at l liked yo ung men. I told him that I van in a treatment class where my tex\:al attlvlii was defined for me by my treatment provider. lt ha~ to be approg)riate, and that mt ant consennal (with both persons knowing 1;he conooc:ences of the activity), non~vio]€:nt, mutual gratifying, nonwdegrading_ (meaning that it could not involve an exchan;_ of money for sex (prostitution)), and of course legal. l fatthet explained all of the conditions 50 that l knew for sure that he underetood each aspect completely, ann in wordo, that he could congrehend¢ I oid_thie many times over as he continued to call me to give him a ride home ffrom wort. He also had a friend (ovor lB) who would also tide with nS, but I did not discuss at xual matters with Anbrey'e friend in tie car. Aubrey told me that he would l e to experiment with gay eex, and that he might consider Sex ‘ith me some- tine. No commitment to n time or place was made however,
During thin time, Anbrey and his ftiend were caught with some dtngs/ an:. threy- called me at work to bail him outn l agaeeo to pay the minimum tt>nd .anmnnt‘ ana I aajd it for his raleaae. I made_no :eqnirement of him for repayment, and I oion’t' hear from him for a whila. I Qon't know how Sonny Conn woulo. have become involvod, as I never met the-person, and I was ne‘n.x aware of any complaint from him until l had been in prison for se oral yeart. Since it was' a aecret indictment;' boo.\b]' F€ny1c:t¢d, T can on}\ assume that Stacey Chambere made a neal with Au?.ztt y to :et me up ion Pattich Haroy’a conviction record, through a-prohation revocation.
Anbrey called me at . and said that he was zeadw to have sex wi ne at the Ramada'lnn. He acid to meet him at his workplace after I oot off. I not ‘him at Church'o Chicken, and he was in his.wot}~:clothesq He tolo me that he wasn 't gettino oai§ ntil the next Tueeday, and he neeoed $l LOC wah
e 6 oav me ;“ck out of hi§ payche cl£. I'agreed to the loan and welrt the AEL to met cab -h.
§e appeared` lnxloi' to get to the Ramaéa; eo we went and checked in.
I thought that lie wanted to get cleane@ up- and maybe we could grab a b‘te to Aftet l got the heyl Aubrev ¢uww»"t~c that ~e take a look aj the ewi_m-ing pool, wilco was empty of water and nude t conetrnction ot reo:zi:. §hat ia when he told me that it'wae a Set~no; in erect tor him to get out cf a verv ~\\on" charged l ccn:;tclec Cthe coneoqnencea for him if I iut‘t hel;\ him out ~no gpla Y alo ono with ';he€ t-uo: and we vent up to the Loom and
etaged he acene that .Stacey Chamber: aanteo him to act outn I knew that it was n eet~ny to revoke my yrocati;n, ind I knew the consequences wete serious fox Aubr @. I aloo trust d thet CBCD would initiate a full ii' Wv< atic:- tion to defend ne from the revocat
(l
.1on foz7'Pa trick §ardy'e recctd.
I wee charged ~ith Jtornrlnw ptoetitntion, and ot. janized crime. Captain Catter ectatchci out the organized crime chaxge, and I co ended out on the trumped up miedeneanor charge lacking an indictment. Stacey Chamners somehow arranged for my arteat without bond gending revocation of my prohation. Pat Hardy blocked any’ CSCD inventioation that had bean oromi$ed to me. Stacey thomc-t promieed that l woo id only he in orieon fox ?:wo jeans at i:hc: mont.
.. ~s
Ch:rc_d Leviae toll me that W~t:icn Eatoy£ ac ieoueo a let -ei that she could
?
not accept any correspondence from me, but that she could ask me if I wanted him to appoint another at&orney for my hearing. which she did. Patrick Hardy went for a revocation and adjudication of judgmeqt for a Fiftaen Yaar term in prison on Sexual Assault To A Child, even though I never entered a plea of guilty for that charge anG did noL plead vuilty 50 his phz¢ l ”55y 555 all" allegation5 in theo -chnui 555515155» lh5L5£555. l dm uniuwfoii inca; ccrat@d for 5 charg® uhat I did not pi¢ad guilty to.
I was scheduled £or my revocation hearing on August 15th¢ I think. But I 555 called to tha 555»51055_55.11, on Amgust 1552 to answer whetner th5 miSdemeanor allegations were §ume. 1 bwiioacc Lhat ahere would be 55 inveat~ igation agAinSZ Patrick HarGy, 50 I an5w5:55 Tru5 in flout of him. By Augu5t 4th, however, l saw, that nothing was b5ing donee 50 l changed my plea to "Not irm@“ in 5 lette; directly to dudge Gol&en. Ou August SLH, Patrick,m¢r&y_ had writt&n up a erooation 'ord@r wwbrein it 555`5555~5 th&L l had waived nw cight to change nw plea, but.that was not tru5, auél die not sign it.
5y September. Silz I “ad ,becn 555555 out of 5!25 fourw;y J¢“l and wa& 55 th5 Holliday` iut5ke Facl iliC cy¢ delivered th5r5 in p5rson in the Sh5riff’5 cas by' then jailer l`r@nti 55 5trickland, mhwex l £il55 my fir5t ha 55 s-corpu5, it w52 originally2 15:"“5 5. Eacn 5155 that l have filea £or 5 w-i:_o£ habeas corpus, the Di$crict At torney‘$ Sifice has not timu ly filec an an swer.' Some- tim55 'it ia.,month?s .later 551055 the QA 55550555. Acco;aing to 555&555, if tha DA 5055 non respond within 15 day5, only d general denial iB permitted.
RELIEI" `£\’r`.'. QUE§.‘ E‘D 1 am 5“55555455 three thinga £rom you. please:
l. Change your vote to_r5 lease n urly on my Tim5~€ut Reque$t;
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"1 x'. '
5. withdraw your 5ntin5ly 555 w5r(5) to my writs ;EoL 555555 corpusz 3. luiti5te 555 inv5551955155 that was §romisad to ma.
I have been `in prison for over fiv‘ va years and l did not 5 werve to be in here from 525 `cglnnlag l cm uni 'ful-, ix 54-5;5¢50, and I 5555 com- penSaLion for the bad fdi;h dcti 555 tak&n agaiuat me Hy Sdlary at 315 tim_ of wy ;5Jmcation 555 SBG,GUC. 60 -5: y@cr. l 1555 ry wife 555555 5 1 555 555515 to w@tch 555 iealtn. l hav@ 55£15§55 much more than 15 g»aSonable. Ywur pz5mpt and 505:55555 Sitencion 55 civ is nutter is greatly apy:5ci555dq
oectfull‘ Submitted/
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no 5:51;
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Reply to:
Larry Michael Francis TDCJ-CID No 01118261
Mark W Stiles Unit - ST/O49 3060 FM 3514 19-Bldg X-052 Beaumont TX 77705-7635
Sunday, October 26, 2008
Respondent:_ _
Honorable Joe Bob Golden, Judge Presiding Telephone: 409-384-3792 lst Judicial District Court at Jasper County, Texas ' Fax: 409-384-9722 Jasper County Courthouse, Courtroom # l `
PO Box 1290
Jasper TX 75951
Re: JD-8968', 8963-A, 8968 JD-Hc_-B CCA NO WR_601061_011 "02:1 "03 Request for Rehearing on Motion to Adjudicate Guilt & Revocation
Greetings} Honorable Joe Bob Golden, Judge Presiding:
This is to request the order of a Bench Warrant for my return to First Judicial District Court for rehearing of Motion to Adjudicate Guilt and the Revocation of my Court-ordered Probation. The grounds for my request are that (l) I was not required to sign Conditions of Probation upon which the motion to revocate was based, and (2) the allegations against me were untrue and unlawfully obtained. Furthermore, the allegations were obtained solely for the purpose of political gain for then Assistant Attorney Patrick Hardy, amounting to prosecutorial misconduct.
I have been unlawfully incarcerated for over six (6) years, and on Jan- uary 2010 I will become eligible for parole. However, I will not be able to sign~ the conditions that will be presented to me by the BoardrMEPardons and Paroles. This is because: if I sign the parole conditions, the court will assume that I would have signed the probation conditions upon which the unlawful revocation was based, thus agreeing to my unlawful incarceration.
You once wrote me that TDCJ officials are competent to handle conditions of incarcerated persons. Former TDCJ Executive Director James "Andy" Collins was recently quoted in Prison Legal News, September 2008, that prison offic- ials are "powerless" to correct the mistakes of prosecutors and judges; But there remains a remedy: you have discretionary power to (l) reinstate my probation or (2) reduce my sentence, or both. I have time credits for over six (6) years flat time, six (6) years good time, and about four (4) years work time while incarcerated. I have over two years credit during probation, which included my voluntary participation in a mental health-care program from which I graduated. Dr Gripon reported to you that I am not predatory, not a pedophile, and my crime was opportunistic; and there was no significant chance that I would recidivate in the juvenile population (Dr Gripon was selected for me by District Attorney Guy James Gray because he was an expert witness for the Court and had 38 years experience in forensic psychology).
l »
Dr Gripon released me from treatment prior to my trial because "there was nothing to treat." I had already done all that I could to insure that my victim did not suffer injury. My victim reported no harm and his mother, my sister, has written a support letter on my behalf (enclosed). I paid all fees, including treatment fees that Supervisor William Sparks had agreed to pay out of CSCD funds for my voluntary participation in Dr Clark's class. I reported as instructed and never missed an appointment for any other pu- rpose, such as DNA sampling or meetings with CSCD supervisor. Community hours were paid by purchasing fire protection suits for Angelina River Volunteer Fire Department. All said, I did everything right, nothing wrong, and I should never have been sent to prison at all.
Further grounds for rehearing are that the revocation hearing must be the basis for more than. determining probable cause; it must lead to a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation. There was no such determination in my hearing, and within 3 days I had changed my plea from "True" to "Untrue. " Although eight (8) days after the_hearing, Assistant DA Hardy wrote up the hearing record so that it appeared that I had waived my right to change my plea, that was not true, and I had not signed any such waiver of that right;
There are many other issues_of prosecutorial misconduct that have not been resolved by the court, and a rehearing on the revocation of my probation is appropriate. There is no due process procedure that I can access from behind these prison doors, so I must rely upon a rehearing to answer my claims to unlawful incarceration and compensation for time served.
Please order- Clerk of Court to issue the Bench Warrant and schedule the rehearing as soon as possible. Your prompt and courteous attention to this matter is greatly appreciated.
Respectfully Submitted, a M/Mmud» Larry M1chael Francis, Requestor
c: Clerk of Court Linda Ryall; District Attorney Stephen Hollis; Sheriff Ronald R McBride; Clerk of CCA Troy C Bennett Jr; Board of Pardons and Paroles; Deputy Director Rebecca Price, Classification & Records; Kelly R Ward
encl: as indicated
Mark w stiles Unic- - ST/049 3060 FM 3514 lS-Bldg X-052 Beaumont TX 77705~7635
- August 28, 2009 Respondent: a ’ Honorable Joe Bob Golden
969 Hunterwood
Re: Ex Parte Francis: CCA 60¢061 Trial Court NO JD~B§§B*HC_B
Greetings, Honorable Joe Bob Goldno:
For over 7 years I have languished in prison, unlawfully_incarcerated, while those who should have been here have advanced their careers through prosecutorial misconduct. All this time I have awaited the investigation into. Patrick Hardy's politically motivated activities, an investigation that both- CSCD Supervisor william Sparks and CSO Theronda Levias promised would be conducted when Hardy made his move.
"Wheeler-Dealer" Stacy Chambers arrested Aubrey Hooker for possession of marijuana, and Aubrey called me for help on bond. Chhmbers made a deal with aubrey to dismiss the charges against him if he would agree to sting me with a revocation of my unadjudicated probation. Aubrey told me what was planned, and I knew Chambers (and most other-"Good Ol' Boys" in Jaeper County who got\ the meseage from Hardy about targeting me) was out to get the.record of conviction for Hardy, who needed the conviction so he could make full District Attorney. Aubiey and l talked about what we would say and do on the video before we got-to the room where the sting was set up.
I went through with the sting because I knew that Ha: `yos1making his move and that evidence of his prosecutorial misconduct` be needed for the investigation that was promised- to me for my defense. When I appeared before you' at my revocation hearing, Hardy was present, and I had not been permitted to contact CSCD about their progress with the investigation. So. it was necessary for me to tell you that the allegations were "true¢" when they were~ not. And, since you had not required me to sign the Conditions of my probation, I was confident that Hardy would not be able to revoke my probation for allegedly violating something that you had not required of me, even if the allegations would have been "true."
Then, when I got back to the jail» I set you a letter stating that my plea was actually "untrue" and that the CSCD was starting the investigation. Apparently, Hardy typed up some document that said that I cngld not change my plea to "untrue," but I never agreed to nor signed that document{
Respectfully Submitted¢
aimw
Mi heel Francis, §eguestor
Larry Michael Francis
TDCJ-MTC No 01118261
Sanders Estes Correctional Center 1100 Hwy 1807
Venus TX 76084
Sunday, January 4, 2015
Respondentt
Special Legal Counsel Brian McGiverin Prison Justice League
1405 Montopolis Dr
Austin TX 78741
Re: Enclosed Sample of Amended Claim for Relief Under 11.07
Greetings, Special_Legal Counsel Brian McGiverin,
l have enclosed a copy of my amended claim under §.11.07 as a Sample of how the Texas justice System does not work. My trial court judge told me twice that people like me do not go to prison, yet l have languished here for 12% years. l "made parole" over two years ago, and here l Still Sit, off the official TDCJ prison counts but nonetheless still unlawfully incarcerated.
ln the CURE-National newsletter l learned that a proposal will be made in this Session of the Texas legislature to create an oversight/advisory committee consisting of Some formerly incar- Cerated persons. l am recently "retired" at the age of 65+, and
would be interested in a nomination. l have 2% years to go on a 15 year sentence that was originally a minimum 2 year unadjudicated
community Supervision probation.
l am not asking for legal assistance, nor do l need to have any of the enclosed materials returned. l wish you the best of luck in the next SeSSion, l was a Delegate to the State Repub- lican Party Conventions, So l have Some idea at least of what you are facing. I do welcome your feedback.
Respectfully Submitted§
dow
Larry Michael Francisz Requestor Bag of Hot Air bagofhotair@gmail.com kwkr.ward@gmail.com