A Murder Case

Many people would cringe when hearing that anyone has been accused of murder. For the most part, most people still believe that, if a person has been arrested for murder, it must be so that they have committed it. In fact, if I was to ask you, how would you respond if the same question was asked of you? Well, luckily, this was a rhetorical question. Or was it? …Of course, you would have the same response! Fry the bastard!!!

To my surprise, as I have dealt in the representation of many of these folks accused of murder, most of the people accused of murder, if not all, are charged with these types of crimes, simply because of their status in our society. So much so that, I am representing a wrongfully convicted individual of murder, simply because the real killer, has a very affluential family which diverted the investigation elsewhere. I digress…

Let me explain Texas Law on murder:

A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

At the outset, please notice how (he) is the only pronoun used. Yes folks, this is Texas Law and it still in the books!!! Here is the revision: A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. (b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. So prosecutors in many counties in Texas submit multiple indictments with murder, manslaughter and if intoxication is involved, the person is doomed.

Notice that, A person commits and offense if he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual. Because there is no clear mens rea (i.e. culpable state of mind, such as intentionally or knowingly) required under 19.02(b)(2), Texas courts have not allowed a lesser-included instruction on the offense of Manslaughter (which required a mens rea of recklessness). Now, back to our regular program…

All this legal mumbo jumbo is intended to create, you guest it, confusion!!! The client that I am representing almost pro-bono has been incarcerated for almost a decade simply because he was at the wrong place at the wrong time. Let me give you some facts that I have found in my investigation, and then, you tell me what you think…

First, my client was a minor when the incident happened. Second, my client did not have affluential parents, in fact, he was adopted. Third, he was at his “friend’s” house when the incident occurred. Fourth, the murder weapon was found several miles away from when the incident occurred, which would have been impossible for my client to transport. Although I could go on and on, these are just some of the facts which would not affect the legal outcome once I present the Writ to the Court of Criminal Appeals.

Suffice it to say that, the cops conducting this investigation were, not only in cahoots with others, but also dirty cops. How do I know? I have had dealings with them in the past on other cases. Now you see why I asserted what I did on my second paragraph? I hope and pray that you are NEVER faced with a situation similar to that of my clients. But if you do, please, hire a competent murder lawyer that can handle the case for you.

In the mean time…please keep my client and his family in your prayers, as we are about to face, the most difficult part of the case which is collection of forensic evidence and the re-examination of the same! Until then, please be kind to one another and help each other in times of need…