BEFORE THE GOVERNOR FOR THE STATE OF TEXAS
AND
THE TEXAS BOARD OF PARDONS AND PAROLES
Inre
ROBERT EARL CARTER
Applicant
APPLICATION FOR REPRIEVE
FROM EXECUTION OF DEATH SENTENCE AND
COMMUTATION OF SENTENCE TO IMPRISONMENT FOR LIFE
: SUBMITTED BY:
Bill Whitehurst
Texas Bar No. 00000061 7
Whitehurst, Harkness, Ozmun & Archuleta
1122 Colorado, 24th floor
Austin, TX 78701
(512) 476-4346
(512) 476-4400 [fax]
COUNSEL FOR APPLICANT
Ld
I. INTRODUCTION
The case of Robert Earl Carter is a perfect example of the system’s complete and
utter failure to give Texas’ indigent citizens “full access to the courts.” Mr. Carter sits
on death row today based upon an unconstitutional sentencing process and an
appellate experience which would shock even the most ardent death penalty advocate.
Mr. Carter’s trial was plagued by prosecutorial misconduct; his sentencing jury was
unconstitutionally influenced by the prosecutor’s misconduct; and his appellate rights
have been horribly crippled by the state’s appointment of unqualified, unethical, and
irresponsible attorneys. Mr. Carter has effectively been denied access to the courts, and
his case demands the intervention of the Governor and this Board.
I. STATEMENT OF THE CASE
A. Statements Required by 37 TAC §143.42:
1. Name of Applicant
Robert Earl Carter
2. Identification of Agents Presenting Application:
Bill Whitehurst, attorney for Mr. Carter
3. Copies of Indictment, Verdict, Judgment, Sentence and Execution Date:
Attached as Appendix tabs 1-5.
4. Statement of the Offense
Mr. Carter was indicted by a Burleson County grand jury for the deaths of six
persons -- Bobbie Davis, Nicole Davis, Lea Erin Davis, Brittany Davis, Jason Davis, and
Denitra Davis -- which occurred during a single criminal transaction in August of 1992.
Mr. Carter, who had never before been arrested or convicted of any crime, let alone a
felony offense, pled not guilty.
5. Appellate History
On February 8, 1995, a jury in Bastrop County, Texas, convicted Robert Earl
Carter of capital murder. (XXI R. 520).! Although the results of the punishment hearing
that followed Mr. Carter’s conviction were uncertain,? the trial court assessed
punishment at death. (I R. 93-94; XXII R. 635); see TEX. CODE CRIM. Proc. ANN. art.
37.071, § 2(g) (Vernon Supp. 1998).
On February 28, 1994, an attorney named Walter Prentice was appointed to
represent Mr. Carter in his direct state appeal. During the time in which he was
representing Mr. Carter, Mr. Prentice’s law license was suspended. See State Bar of
Texas Press Release, attached as Appendix, tab 6. He did manage to file an appellate
brief on Mr. Carter’s behalf, which was supplemented by another brief filed by attorney
Mary Hennessy, who was appointed temporarily to Mr. Carter’s case when Mr.
Prentice’s license was suspended. However, on May 8, 1996, the Texas Court of
Criminal Appeals affirmed Mr. Carter’s conviction in an unpublished opinion. See
Carter v. State, No. 71,836 (Tex. Crim. App., delivered May 8, 1996). Joel Shearer, an
attorney in Bastrop, was next appointed to represent Mr. Carter on his state habeas
' "R" refers to the record on Carter's state trial. The Roman Numeral preceding the "R" references
the volume and the number after the "R" references the page.
2 The jury, in accordance with the court’s instructions for if they could not agree, announced that
they had reached a verdict and retumed with two of the special issues blank during the punishment
phase of Mr. Carter’s trial. Although the result should have been the imposition of a life sentence,
the trial judge rejected that result and simply told the jurors that they had “not completed [their]
job,”. sending them back for further deliberations. XXII R. 628-31. The jury eventually
“completed [their] job” to the satisfaction of the trial court by returning with all three blanks on the
special issues filled in, and the trial judge assessed punishment at death in accordance with this
second verdict. I R. 93-94; XXII R. 635. The constitutionality of the trial court’s actions is one
issue pending before the Supreme Court.
appeal. On October 6, 1997, Mr. Shearer, apparently without conducting any
investigation into the facts surrounding Mr. Carter’s arrest, indictment, conviction or
sentencing, filed an unsigned, skeletal state application for writ of habeas corpus on
Carter’s behalf, the substance of which consisted of only two pages (the third page of
the application consisted solely of a signature block). See Appendix, Tab 7. Not
surprisingly, the petition was denied without written order by the Court of Criminal
Appeals on November 18, 1997. See Ex parte Carter, Application No. 8003-A.
Mr. Carter filed his case in the United States District Court for the Northern
District of Texas, Fort Worth Division, on February 2, 1998; the case was transferred to
the United States District Court for the Western District of Texas, Austin Division, on
February 3, 1998.
On February 18, 1998, undersigned counsel, Bill Whitehurst, was appointed to
represent Mr. Carter for purposes of his federal habeas appeal. Because Mr. Whitehurst
does not regularly practice criminal law, he moved for the appointment of co-counsel.
This Motion was denied on June 3, 1998. On August 28, 1998, Mr. Whitehurst filed a
petition for writ of habeas corpus on Mr. Carter’s behalf in federal district court. On
March 18, 1999, the federal district court entered its Order denying Mr. Carter's Writ of
Habeas Corpus and granting Respondent's Motion for Summary Judgment. See Carter
v. Johnson, No. A-98-CA-067 SS (W.D. Tex. Mar. 18, 1999) (opinion and order at p.1).
On April 16, 1999, Mr. Carter filed his Application for Certificate of Appealability
with the district court on two appellate issues; his Notice of Appeal was timely filed on
the same day. On April 26, 1999, the district court entered its Order granting Mr. Carter's
request for certificate of appealability as to both of Mr. Carter’s appellate issues. See
Carter v. Johnson, No. A-98-CA-067 SS (W.D. Tex. April 26, 1999).
On June 14, 1999, Mr. Carter filed his appellate brief in the Fifth Circuit. The Fifth
Circuit filed its judgment and opinion order affirming the district court's denial of Mr.
Carter's writ of habeas corpus on November 2, 1999. See Carter v. Johnson, No. 99-
50392, slip op. (Sth Cir. November 2, 1999) (per curiam). Mr. Carter timely filed a
Petition for Panel Rehearing, pursuant to Federal Rule of Appellate Procedure 40, which
was denied on December 22, 1999. See Carter v. Johnson, No. 99-50392, Order (5th
Cir. December 22, 1999) (per curiam). The mandate was issued in Mr. Carter’s case by
the Fifth Circuit on December 30, 1999. See Carter v. Johnson, No. 99-50392, Order
(5th Cir. December 30, 1999) (per curiam).
Mr. Carter filed a Petition for Writ of Certiorari and an Application for Stay of
Execution in the United States Supreme Court on March 20, 2000. Both the Petition
and Application are still currently pending in the Supreme Court. ,
Mr. Carter’s execution date is currently scheduled for May 31, 2000.
6. Statement of the Legal Issues Raised on Appeal
Mr. Carter has asserted a number of constitutional challenges to the validity of
his conviction and death sentence. The major claims raised on appeal include (but are
not limited to) the following:
a. The trial court erred in failing to give a jury instruction to correct the
prosecutorial misconduct which provided the jury with inaccurate parole
information.
b. The trial court erred by unconstitutionally forcing the jury to continue
deliberating after it had reached a result which mandated the imposition of
a life sentence.
Gs The appellate courts erred in failing to consider the circumstances and facts
surrounding claims upon which a certificate of appealability had properly
issued.
7. & 8. Requested Length of Duration of the Reprieve and Grounds Upon the
Basis of Which the Reprieve is Requested.
Due to the facts that: (1) the Supreme Court has yet to act on Carter’s Petition for
Writ of Certiorari; (2) counsel for Mr. Carter will soon be filing a supplemental Petition
with the Supreme Court based on an opinion recently handed down by that Court on
another case which affects Mr. Carter’s case; and (3) there is a possibility that the
Supreme Court will enter into its summer recess before making a decision on Mr.
Carter’s case, undersigned counsel on behalf of Mr. Carter respectfully petitions the
Board and the Honorable George Bush for a reprieve of 120 days to allow Mr. Carter
sufficient time to exhaust his appellate remedies and to allow the Board to convene a
hearing to consider evidence and argument in support of this application. In the
alternative, Mr. Carter and his counsel would respectfully request a reprieve of 30, 60, or-
90 days, which will at least increase the possibility that Mr. Carter will have the
opportunity to exhaust his appellate remedies, receive a stay of execution from the
Supreme Court, and/or conduct further investigation into the grounds of his clemency
petition before his life is irreparably taken.
9, Victim Impact Statement
Out of respect for the Davis family’s privacy, undersigned counsel has not
attempted to contact them directly, and thus cannot convey in any detail the
undoubtedly profound impact of their loss.
Il. REASONS WHY CLEMENCY OR A REPRIEVE SHOULD BE GRANTED
A. The Inadequacy of Mr. Carter’s Appointed Appellate Representation Has
Denied Him Meaningful Access to the Courts.
Due tothe obviously irreversible nature .of the death penalty, one would think
that the attorneys appointed to represent an indigent death row inmate such as Robert
Carter would be at least minimally qualified to undertake the challenging and important
task of representing Mr. Carter in the fight for his life. Nothing could be further from the
truth in this case. The attorney appointed to represent Mr. Carter on direct appeal,
Walter Prentice, had his law license suspended for two years during the pendency of Mr.
Carter’s direct state appeal because he “neglected a legal matter; failed to carry out
completely the obligations owed to the client; failed to keep the client reasonably
informed about the status of the matter; knowingly disobeyed an obligation under the
standing rules of or a ruling by a tribunal; and engaged in conduct constituting
obstuction of justice.” See State Bar of Texas press release, Appendix, Tab 6. Joel
Shearer, Mr. Carter’s appointed state habeas attorney, filed a three-page, unsigned
habeas application in the state court raising superficial, inadequately-briefed claims that.
reflected no substantive investigation into the case, despite the fact that Mr. Carter's
state habeas proceedings were his only window of opportunity for investigating and
raising claims outside the trial record. For example, Mr. Shearer failed to uncover facts
that a modicum of investigation would have revealed: that the jury that sentenced
Robert to death did so in part because they believed -- at the prosecutor’s urging — that
giving Mr. Carter a life sentence would mean he could be released in as few as seven
years.’ See discussion in part I(B), infra. Mr. Shearer’s law license is currently not in
good standing with the Texas Bar. Even Mr. Carter’s present counsel, the undersigned,
who was appointed to represent Mr. Carter on his federal habeas appeal, does not
regularly practice criminal law and has never represented a client in a habeas corpus
appeal. Although present counsel requested from the federal court appointment of co-
counsel more familiar with criminal appeals, this request was denied.
> The law in effect at the time of Mr. Carter’s sentencing would have required that Mr. Carter, if
given a life sentence, serve at least 35 +ears before he was eligible for parole.
Capital inmates seeking to pursue post-conviction relief in the state courts are
entitled to the appointment of “competent counsel.” See TEX. Cope CRIM. Proc. Art.
11.071 Sec. 2(d). The difficulty and complexity of habeas corpus law and procedure is
widely recognized. See McFarland vy. Scott, 114 S.Ct. 2568, 2571-72 (1994). In the
federal system, this recognition resulted in the standards for appointed counsel set out in
21 U.S.C. §848(q)(9), and guidelines which encourage the appointment of two
attorneys in all federal capital habeas corpus appeals. See Guide to Judiciary Policies
and Procedures: Representation in Federal Capital Cases and in Death Penalty
Federal Habeas Corpus Proceedings, Chapter VI, Appointment of Counsel in Capital
Cases §6.01(A). 21 U.S.C. § 848(q} also encourages the appointment of at least one
attorney with “not less than three years experience in the handling of appeals in that
court in felony cases.” ;
Yet despite the well-recognized challenges of habeas corpus litigation, Texas’
own statute requiring the appointment of “compeient” counsel, and the federal
guidelines encouraging the appointment of two attorneys in federal habeas corpus
appeals (one of which should have at least three years’ experience in handling felony
appeals in federal court), the state repeatedly appointed Mr. Carter inexperienced and, in
the case of his state habeas attorney, wholly inadequate counsel who completely failed
to protect his rights. It shocks the conscience to know that two of Mr. Carter’s four
appointed appellate attorneys charged with protecting the rights of Mr. Carter before
the State determined that it was proper to take his life have either been disciplined by or
are not in good standing with the State Bar. Because the issues which Mr. Carter could
raise in his federal habeas appeal were strictly limited to the issues raised by his appellate
attorneys in the state courts, these same two atiorneys determined the course and
limitations of Mr. Carter’s entire appellate process. Mr. Carter’s failure to receive
adequate appellate counsel denied him the “full access to the courts” required to ensure
that inmates are not put to death without appropriate safeguards. Mr. Carter’s case
requires the intervention of this Board and the Honorable Governor.
B. Prosecutorial Misconduct During Carter’s Trial Improperly Influenced
the Jury’s Deliberations.
The failures of Mr. Carter’s appellate counsel -- and in particular, his state habeas
counsel -- become even more egregious in light of the facts which that counsel failed to
uncover during Mr. Carter’s only opportunity to do so. During his federal habeas
appeals, Mr. Carter has consistently raised the issue that blatant prosecutorial
misconduct during the trial of his case improperly led the jurors who sentenced him to
believe that if they gave him a life sentence, he would be eligible for parole in seven:
years (at the time of Carter's trial, persons given a life sentence for capital murder were
required to serve at least 35 years before becoming eligible for parole. See TEX. CODE
Crm. Proc. ANN. art. 42.18 sec. 8(b)(2) (repealed 1997) (current version at TEx. Gov'T
CopE ANN. § 508.145(b)). Despite the fact that it was improper for the prosecutor to
even mention parole to the jurors, the prosecutor repeatedly injected inaccurate
information regarding parole eligibility into Mr. Carter’s trial and encouraged the jurors
to consider it. (XV R. 685-86, 715, 792, 1073, 1309). The prosecutor mentioned parole
to the following venirepersons, all of whom sat on the jury panel in Carter's trial:
| (a) Vernon Harvey Jensen:
JUROR: Well, the case you’ ve been just describing, I
wouldn’t have no problem with the death penalty there.
PROSECUTOR: All sight.
JUROR: Because you put them in prison and in a few
years they’re going to be out on the street again.
Leerwsaanedin’
(b)
))
PROSECUTOR: All right, sir. You understand that Texas —
that Texas is not one of those states that has life without
parole?
JUROR: Right. That’s what I’m saying.
PROSECUTOR: And in other words, at some point in time
every murderer that’s sent to prison for life has a
possibility of getting out.
JUROR: True. (XVI R. 1073) (emphasis added).
James Frederick Zeman, Jury Foreman:
PROSECUTOR: “In the state of Texas, just to clear up so
you will understand, some states have life without parole.
Texas is not one of those states. Texas does in fact provide
for parole of anyone. There’s no guarantee that that person
will be paroled. However, considering overcrowding and
considering the fact the legislature could change that law
at any time as to what the parole laws would be. But just so
you understand that a person sentenced to life can be at
some point paroled out in Texas and that part of it.” (XV
R. 792) (emphasis added).
(c) Thomas Archie Whetstone:
PROSECUTOR: “One other thing that I do need to
mention to you that I think is significant and that is that in
Texas law if a person does receive life there is no such thing
as life without parole. There is in some states. Texas is not
one of those states. So a person that receives life in a
capital murder case has a possibility of getting out at
some time on parole irrespective of how long it may be.
Right now there’s a certain number of years. Obviously,
legislature can change that at any time. But with prison
overcrowding and this type of situation, something to take
into consideration.” (XV R. 685-86) (emphasis added).
Joe Berry Townsend:
PROSECUTOR: “You understand also that Texas — the
alternatives in a capital murder case are either life or death. I
want you to understand that Texas parole laws do not
provide for parole -- life without parole. Texas doesn’t
have -that..In other words, -it is possible for anyone
sentenced to life in the state of Texas to get out of prison
at some point in time. You understand that?
(JUROR nods affirmatively)
PROSECUTOR: You also understand that the Texas
legislature can change the parole laws at any time?
(JUROR nods affirmatively)
PROSECUTOR: _ In fact, the prison overcrowding gets
so bad they can change the parole laws at any time?
(JUROR nods affirmatively)
PROSECUTOR: In fact, the prison overcrowding gets
so bad they can say we can parole you out after x-number
of years and that’s always a possibility. But just
understand that is something that does exist.” (XV R. 715)
(emphasis added).
Jeanne Leigh Creagh:
JUROR: Do we have life in prison in Texas?
PROSECUTOR: We have life in prison in Texas. Yes, ma’am.
There are -- there are provisions in Texas, depending on
the temperature of the legislature, for parole and things
like that. There’s not life without parole in Texas.
JUROR: That’s what I meant.
PROSECUTOR: What parole means in Texas is best left
undefined, because who knows. (XVII R. 1309) (emphasis
added).
The federal district court, when considering the prosecutor’s statements in the
context of Mr. Carter’s federal habeas appeal, agreed that the statements were
“improper” and characterized their use as “misconduct.” See Carter v. Johnson, No. A
98-CA-067 SS (W.D. Tex. Mar. 18, 1999)(opinion and order at p. 6)
At the conclusion of the case, Carter requested that the jury be instructed that he
would have to serve a minimum. of 35 years imprisonment, pursuant to TEX. CODE CRIM.
Proc. ANN. art. 42.18 sec. 8(b)(2) (repealed 1997) (current version at TEx. Gov'T CODE
ANN. § 508.145(b)), before he would be eligible for consideration of parole. (XXII R.
10
610-11). In Carter’s case, this information would have informed the jury that Carter,
who had no prior history of violence, would have been at least 63 years old before
being eligible for parole. However, despite the prosecutor’s flagrant transgressions and
United States Supreme Court caselaw which shed considerable doubt upon the
constitutionality of denying such an instruction,‘ the trial court denied Carter’s request.
Of note is the fact that, since Mr. Carter’s trial, the Texas legislature has since seen fit to
pass a law requiring the trial court to give an instruction such as the one requested by
Carter in all capital cases upon the request of the defendant’s attorney. See TEXAS CODE
OF CRIMINAL PROCEDURE Article 37.031 (as amended, effective September 1, 1999).
In support of Mr. Carter’s claims on this issue, Mr. Carter’s present counsel was
able, with minimal effort, to obtain an affidavit from the man who served as the foreman
of Mr. Carter’s sentencing jury, James Frederick Zeman. Mr. Zeman’s affidavit confirms
that “the issue of parole...was extensively discussed” by the jury throughout their
deliberations at the punishment phase of Mr. Carter’s trial; that the jurors “believed that
a life sentence would mean that Mr. Carter would serve only seven (7) years before
becoming eligible for parole”; and that, because of this belief, the jury was “more
inclined to answer the special issue questions in such a way that the death penalty
would be imposed against Mr. Carter.” See affidavit, attached as Appendix, Tab 8.
Despite these startling insights into. the jury’s confusion during Mr. Carter’s
sentencing proceeding, however, the federal courts have consistently declined to
consider Mr. Zeman’s affidavit because Mr. Carter’s state habeas attorney did not
* See Gardner v. Florida, 430 U.S. 349 (1977)(stating that due process does not allow the
execution of a person “on the basis of information which he had no opportunity to deny or
explain”); Simmons v. South Carolina, 512 U.S. 154 (1994)(holding that prosecutors “may not
mislead the jury by concealing accurate information about the defendant’s parole ineligibility.”);
Brown v. Texas, 118 S.Ct. 355 (1997)(four Supreme Court justices state that Texas’ failure to
require an instruction such as the one requested by Carter “unquestionably tips the scales in favor
of a death sentence that a fully informed jury might not impose.”
lL
present the information to the state courts. See Carter v. Johnson, No. 99-50392, slip
op. at p. 8 (Sth Cir. November 2, 1999) (per curiam); Carter v. Johnson, No. A 98-CA-
067 SS (W.D. Tex. Mar. 18, 1999)(opinion and order at p. 7). However, state caselaw
also prevents Mr. Carter from bringing the affidavit back to the state courts while his
federal habeas claim is pending. See Ex Parte McNeil, 588 S.W.2d 592 (Tex. Crim. App.
1979). Furthermore, even after Mr. Carter’s federal habeas appeal has been completed,
Mr. Carter may still be prevented from bringing this evidence before the state courts
because state law requires that successive habeas petitions in state court must meet
extremely stringent criteria before they will be considered, including a showing that the
claims and issues presented in the successive petition “could not have been presented
previously in a timely initial application...” See Tex. Code. Crim. Proc. art. 11.071 § 5.
Accordingly, the complete incompetence of Mr. Carter’s appointed state habeas counsel
effectively nullified Mr. Carter’s ability to bring this crucial piece of information before
the courts. Indeed, to allow Robert Carter’s execution in the face of the prosecutor’s
blatant misconduct and the fact that Mr. Carter’s state habeas attorney so egregiously
and irresponsibly hampered Mr. Carter’s ability to successfully raise this misconduct
claim in the courts would make a mockery of the system of justice upon which we must
rely before taking another life.
CONCLUSION
Without the intervention of this Board, Mr. Carter may be put to death despite
the profound questions surrounding his sentencing and the total inadequacy of his
appointed appellate representation. Robert Carter has been denied access to the courts,
and today, the Governor and the Board may be the only forum able to fully consider the
ramifications of Mr. Carter’s situation. ‘Thus, Robert Carter respectfully requests that
this Board of Pardons and Paroles recommend, and that the Governor grant, a reprieve as
requested above and commutation of his sentence of death to life imprisonment. The
failures of our criminal justice system should not be the basis upon which the
unconstitutional execution of Robert Carter rests.
REQUEST FOR NOTIFICATION OF HEARING
In processing this clemency application, Mr. Carter requests that the Board of
Pardons and Paroles comply in al! respects with the Texas Open Meetings Act, Article
6252-17. The undersigned hereby requests notification of the setting of any hearing
pertaining to this matter pursuant to Texas Administrative’‘Code, Rule 143.43(g).
Respectfully submitted,
WHITEHURST, HARKNESS, OZMUN
& ARCHULETA, P.C.
P. O. Box 1802
Austin, Texas 78767
512/476-4346
512/476-4400 FAX
py: Pl Wkduucte
Bill Whitehurst by Mica
Texas State Bar No. 00000061 tla
TK Bay
Counsel for Robert Earl Carter 0 F4634S
13
APPENDIX TO PETITION FOR CLEMENCY
OF ROBERT EARL CARTER
Tab# Document
1 Indictment
Verdict
Trial Court Judgment
Sentence of Death Prior to Appeal
Order Setting Execution
State Bar of Texas Press Release regarding Walter Prentice
State Writ of Habeas Corpus filed on behalf of Robert Earl Carter
ont Dn AWA FF WB bw
Affidavit of James Zeman
14
16-19g4—INDICTMENT—GENSRAL— Class 3-3 (2-32) Hart Graomes—Austin Texas
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
The Grand Jurors for the County of BURLESON State of Texas, duly selected, im- ~
paneled, sworn, charged and organized as such at the ____May ____ Term, A. D. 19 92, of the
Myenty=First Judicial District Court of said County, upon their oaths present in and to said Court,
that POBERT PADT, CARTER , on or about the _19ta_ day of
Ananst A. D. 19_22, and before the presentment of this indictment, in said
County and State, did then and there intentionally and knowingly cause the death
of an individual, namely Bobbie Joyce Davis by stabbing the said
Bobbie Joyce Davis multiple times with a knife in the head, neck and
breast, and did then and there intentionally and knowingly cause the
death of another individual, namely, Nicole Davis by shooting the said
Nicole Davis five times in the head with a firearm, and did then and
there intentionally and knowingly cause the death of another
individual, namely Lea'Erin Davis by stabbing the said Lea'Erin Davis
with a knife in the heart, and did then and there intentionally and
knowingly cause the death of another individual, namely Brittany Davis
by stabbing the said Brittany Davis multiple times with a knife in the
head, spleen and stomach, and did then and there cause the death of
another individual, namely, Jason Davis by stabbing the said Jason
Davis multiple times with a knife in the head, chest and back, and did
then and there intentionally and knowingly cause the death of another
individual, namely Denitra Davis by stabbing the said Denitra Davis
multiple times with a knife in the head, lungs and heart, and all six
murders were committed during the same criminal transaction,
“AGAINST THE PEACE AND DIGNITY OF THE STATE. sgatie “YL gee 2
| Wn Legllye
_ Foreman of the Grand Jury.
normnmrat
No. 8,993
TYE STATE OF TEXAS * IN THE DISTRICT CCURT*
VS. ed * 21ST JUDICIAL DISTRICT
* BASTROP COUNTY. TEXAS
ROBERT EARL CARTE
FORMS OF VERDICT
> .
We, the Jury, find the defendant. Rodert Earl Carter. Not
We. the Jury, find the defendant, Robert Zarl Carter
guilty of the offense of Capital Murder as charged in th
indictment.
residing/ ages
- ORIGINAL?
oO
are)
ital murdez is death or
coniinement in the pen.
mining your answers to the questions, or
Special Issues, submitted to you, you shall consider all tie
evidence submitted to you in this whole trial, which
| includes that phase of
i upon to determine the gu.
and this punishment phase of the trial wher:
called upon to determine the answers to Speci
by the Court. However, in this punishm
the instructions
4
trial you should not conside
Zirst phase of trial that reTate to the law
fe
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Ba
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ry
wo
De
=o you duri
background or
naliv.
You are instructed that when you 4:
cuestions posed in the Special Issues,
circumstances,
may include, but is not ited to, any aspect
ndant's character, background, record, emotional
instabili intelligence or circumstances of
which you believe could make a death sentence
this case. If you find that there are any mitigating
circumstances in this case, you must decide how much weight -
fect and
they deserve, if any, and thereafter, give
consideration to them in assessing the defendan
§ i
's personal
ty at the-time you answer the Special Issue. I
¢
culpabil
you determine, when giving efiect to the mitigation
a
ife sentence, as reflected by an
gG to the issue under consideration,
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Prooz beyond a reasonable doubt, thereZore, must be
most important of your own a
During your delibe
sentence of 1
During your deliberations upon the following Special
Issues, you must not consider, discuss, nor relate any
matters not in evidence before you. You should not consider
nor mention, any personal knowledge or information you may
have about any fact or person connected with this case which
is not snown by the evidence.
You are the exclusive judges of t facts proved and
ity of the witnesses and the weight to be given
imony, but you are bound to receive the law
2Xsf District Court
astrop County, Texas
Further, the jury
0) cr mora jurors agrees. ft is not necessary
jury agree
ROBERT EARL
We, the jury, unanimously find and determ:
ine beyond a
reasonable doubt that the answer to this Special Issue is
a oF the sz4
We, the jury, because at least ten (10) jurors have a
reasonable doubt as.to the probability that the defendant
would commit crimin: iolence that would constitute
~
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a -contir determine that the answer to
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th
to Special Isste No. 1 under the conditions and instructions
2 jury may not answer the Soecial Tf
(10) cz more jurors
that members of the jury agree
supports a negative answer
Special Issue No. 2, with forms for answers, is as
follows:
SPECIAL ISSUE NO. 2
Do you find from the evidence beyond a reasonable doubt
that ROBERT EARL CARTER, the defendant himself, actually
‘caused the death of Bobbie Joyce Davis, Nicole Davis,
Lea'Erin Davis, Brittany Davis, Jason Davis and Denitra
Davis, tne deceased, on the occasion in question, or if he
not actually cause the death of Bobbie Joyce Davis,
Davis an
VOL.
1
"Nig." . ees
Foraman of
unless ten (10) oz more jurors a
a
rae
the circumstances of
andant, do you find that there is sufficient a .
circumstance or circumstances to warrant that a
sentence of life imprisonment rather than a death sentence
be imposed?
The jury, however, need not agree on what particular
inding on this Special
a
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We, the jury, unanimously Zind and determine that the
oraman of the Jury
In th
n
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cy
o
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the jury is unable to agree to an
Zom
open court the above answers to
to us, and the same is our
( {
NO. 8003 ’
THE STATE OF TEXAS me IN THE 21ST DISTRICT coURT
vs. d¢ OF
ROBERT EARL CARTER. d¢ BASTROP COUR
On Change of Venue from Burleson
county, Texas
JUDGMENT
On this the 2nd day of February A.D. 1994, this cause was called
for trial, and the State appeared by her District Attorney, and the
defendant, ROBERT EARL CARTER, appeared in person in open court, his
counsel, Dain Whitworth also being present, and the said defendant
having been duly arraigned, entered a plea of NOT GUILTY to the charge
contained in the indictment herein, both parties announced ready for
trial, and thereupon a jury was selected and seated consisting of
James F. Zeman and eleven others who were duly sworn. Thereupon the
indictment was read and the defendant entered his plea of NOT GUILTY
to the following charge contained in the indictment ‘and read to the
jury by the State: Capital Murder.
All of the evidence was presented by both the State and the
Defendant and the charge was read to the jury by the Court and
thereupon the jury heard the arguments of both sides and retired in
the proper officer to consider of their verdict and
were brought into open court by the proper officer, the
and his counsel being present, and returned the following
verdict which was received by the Court and is here now entered upon
the minutes of the Court, to-wit:
FILED 3:20P :
DATE olds
LaNele Hibbs
val ee PARE So. ex rsa eh Sarren eee
“We, the jury, nd the defendant, ROBERT EARL CARTER,
guilty of the offense of capital murder, as alleged in
the indictment.
Signed James fF. Zeman
Foreman"
And on this the llth day of Feoruary A.D. 1994, this cause being
again called, the State appeared by her District Attorney and the
Gefandant, ROBERT ZARL CARTER appeared in person, his counsel also
being present, and the same jury being called to assess the
punishment, evidence was presented to the same jury in the matter of
assessing punishment. The same jury after hearing all the evidence
presented by the State and the defendant for the purpose of assessing
punishment, and after having heard argument of counsel, again retired
in charge of the proper officer to consider of the verdict, and
afterward were again brought into court by the proper officer, the
defendant and his counsel being present, and in due form of law
returned into open court the following verdict, which was received by
the Court and is here now entered upon the minutes of the Court,
to-wit:
“SPECIAL ISSUE NO. 1
Is there a probability that the defendant, ROBERT EARL
CARTER, would commit criminal acts of violence that would
constitute a continuing threat to society?
ANSWER
We, thé jury, unanimously find and determine beyond a
reasonable doubt that the answer to this Special Issue is
"Yes."
Signed James F. Zeman
Foreman of the Jury
VOL. LE pace SH Ie
SPECIAL ISSUE NO. 2-
Do you find from the evidence beyond a reasonable de
that ROBERT EARL CARTER, the defendant himself, actually
caused the death of Bobbie Joyce Davis, Nicole Davis,
Lea'Erin Davis, Brittany Davis, Jason Davis and Denitra
Davis, tha deceased, on the occasion in question, or if he
did not actually cause the death of Bobby Joyce Davis,
Nicole Davis, Lea'frin Davis, Brittany Davis, Jason Davis
and Denitra Davis, that he intended to kill Bobbie Joyce
Davis, Nicole Davis, Lea'Erin Davis, Brittany Davis, Jason
Davis and Denitra Davis or another, or that he anticipated
that a human life would be taken?
ANSWER
We, the jury, unanimousl
Y
reasonable dovbdt that the answe
"ves."
nd and determine beyond a
to this Special Issue is
Signed James F. Zeman .
Foreman of the Jury.
SPECIAL ISSUE NO. 3
Taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability
of the defendant, do you find that there is sufficient
mitigating circumstance or circumstances to warrant that a
sentence of life imprisonment rather than a death sentence
be imposed?
The jury, however, need not agree on what particular
evidence supports an affirmative finding on this Special
Issue.
ANSWER
We, the jury, unanimously find and determine that the
answer to this Special Issue is "No."
Signed James F. Zeman
Foreman of the Jury
7
VERDICT
We, the jury, return in open court the above answers to
the Special Issues submitted to us, and the same is our
verdict in this case.
Signed James F. Zeman as
Foreman of the Jury"
wnt PR PAGE SED qq
“
It is therefore CONSIDERED and ADJUDGED by the Court that the
defendant, ROBERT EARL CARTER, is guilty of the offense of capital
Murder as found by Ewe jury, and the jury having further answered that
there is a probability that the defendant would commit criminal acts
of violence that would constitute a continuing threat to society and
that the defendant himself, actually caused the death of Bobbie Joyce
Davis, Nicole Davis, Lea'zZrin Davis, Brittany Davis, Jason Davis and
Denitra Davis, the deceased, on the occasion in question, or that if
he did not actually cause the death of Bobbie Joyce Davis, Nicole
Davis, Lea'Erin Davis, Brittany Davis, Jason Davis and Denitra Davis,
that he intended to kill Bobbie Joyce Davis, Nicole Davis, Lea'Erin
Davis, Brittany Davis, Jason Davis and Denitra Davis or another, or
that he anticipated that a human life would be taken and that taking
into consideration all of the evidence, including the circumstances of
the offense, the defendant's character and background, and the
personal moral culpability of the defendant, that there is no
sufficient mitigating circumstance or circumstances-to wabcan. that a
sentence of life imprisonment rather than a death sentence be imposed;
and the law providing that on such jury finding the Court shall assess
the death penalty to the defendant;
It is, therefore, the Order of the Court that the defendant be
punished by having the death penalty assessed against him.
The Defendant is now remanded to the custody of the Sheriff of
Burleson County, Texas, to be transported to the Institutional
Division of the Texas Department of Criminal Justice at Huntsville,
-
Texas, there to await the action of the Court of Criminal Appeals and
Aviat
RL vce BE 4
the further orders of
Entered this the
this Court.
1g day of FE
é 3B
ROBERT EARL
On
called,
Defendant,
in the charge
of the
herein
present. The
the Court whether he had anything to say why said
be pronounced
whereupon the
ROBERT EARL CARTER,
Whereas,
murder by the
a probability
violence that
the defendant
Davis, Nicole
Denitra Davis,
CARTER.
this llth
the State
ROBERT
mG - BASTROP COUNTY,
SENTENCE OF DEATH PRIOR TO APDEAL
day of February, 1994, this cause being again
appeared by her District Attorney, and the
EARL CARTER, was brought into open Court in person
of the Sheriff, for the purpcse of having the sentence
law pronounced in accordance with the verdict and judgment
rendered and entered against him, his counsel also being
reupon the Defendant, ROBERT EARL CARTER, was asked by
sentence should not
against him and he answered nothing in bar thereof,
Court proceeded, in the presence of said Defendant,
to pronounce sentence against him as follows:
the Defendant has been adjudged to be guilty of capital
jury and the jury having further answered that there is
that the defendant would commit criminal acts of
would constitute a continuing threat to society and that
himself, actually caused the death of Bobbie Joyce
Davis, Lea'Erin Davis, Brittany Davis, Jason Davis and
the deceased, on the occasion in question,
or that if
~he-did-not-actually cause the death of Bobbie Joyce Davis, Nicole
Davis, Lea'Erin Davis, Brittany Davis, Jason Davis and Denitra Davis,
that he intended to kill Bobbie Joyce Davis, Nicole Lea'Erin ~
salu:
B-18-F9
LaNella Hicbs
Gerist Clerk, Sassop Comty
Davis,
FILES.
VOL. pe PAGE §3h_. OR
Davis, Brittany Davis, Jason Davis and Denitra Davis or another, or
that he anticipated that a human life would be taken and that taking
into consideration all of the evidence, including the circumstances of
the offense, the defendant's character and background, and the
gersonal moral culpability of the defendant, that there is no
sufficient mitigating circumstance or circumstances to warrant that a
sentence of life imprisonment rather than a death sentence be imposed;
and the law providing that on such jury finding the Court shall
sentence the defendant to death.
It is, therefore, the Order of the Court that the defendant is
sentenced to death; but the law further providing for an automatic
appeal to the Court of Criminal Appeals of the State of Texas, the
sentence is suspended until the decision of the Court of Criminal
Appeals has been received by this Court.
The Defendant is now remanded to the custody of the Sheriff of
Burleson County, Texas, to be transported to the Institutional
Division of the Texas Department of Criminal Justice at Huntsville,
Texas, thereto await the action of the Court of Criminal Appeals and
the further orders of this Court.
Entered this the L8 day of fab 1 1994,
Qa 17 Le
t/a
Msr 08 00 11:Sla
NO. 8003
THE STATE OF TEXAS ue IN THE 21ST DISTRICT COURT
Xe
Vs. xe OF
Xe
ROBERT EARL CARTER xe BASTROP COUNTY, TEXAS
AMENDED ORDER SETTING EXECUTION
The Texas Court of Criminal Appeals having affirmed the prisoner’s conviction on
February 11, 1994, and mandate having issued on September 30, 1996, from the Court of Criminal
Appeals in the above styled and numbered cause and all prerequisites required by Art. 43.141 of the
Texas Code of Criminal Procedure having been met, the court now enters the following order:
IT IS ORDERED that the prisoner, Robert Earl Carter, who has been adjudged guilty of
capital murder as charged in the indictment and whose punishment has been assessed by the verdict
of the jury and the judgment of the court at death, shall be kept in custody by the Director of the
Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas, until
Wednesday, the 31st of May, 2000, upon which day, at the Institutional Division of the Texas
Department of Criminal Justice at Huntsville, Texas, at any time after the hour of 6:00 p.m., ina
room arranged for the purpose of execution, the Director, acting as provided by law, is commanded
to carry out this sentence of death by intravenous injection of a substance or substances in a lethal
quantity sufficient to cause the death of Robert Ear] Carter, and until Robert Earl Carter is dead, such
procedure to be determined and supervised by the Director of the Institutional Division of the Texas
Department of Criminal Justice.
FURTHER, this order sets aside and supercedes a previous order dated January 4, 2000,
setting the execution date for April 26, 2000.
The clerk of this court shall issue and deliver to the Sheriff of Bastrop County, Texas, a
certified copy of this order and death warrant in accordance with this order, directed to the Director
i of the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas,
commanding the Director to put into execution the judgment of death against Robert Earl Carter.
The Sheriff of Bastrop County, Texas, is ordered, upon receipt of the death warrant, to
deliver the death warrant and a certificd copy of this order to the Director of the Institutional
Division of the Texas Department of Criminal Justice, Huntsville, Texas.
| SIGNED AND ENTERED this J day of February, 2000.
br dt (aA FILED fa M
TY9GE PRESIDING DATE 2d =< 7-2
LaNelle Hibbs
Disbict Clark, Bastrop County
Mar O08 OO 11:52a
RETURN OF THE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Came to hand, this the day of , 2000, and executed
the day of , 2000, by the death of
BERT EA ARTE.
DISPOSITION OF BODY:
DATE:
TIME:
DIRECTOR OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE
BY:
PRENTICE, WALTER C.; #16249400
‘U0G/9S - TWO YEAR SUSPENSION, FIRST SIX MONTHS ACTIVE
3/01/95 - W395; ACTIVE
HOL9S - 2/28/97; PROBATED
On February 6, 1995, an evidentiary panel of the District 9A Grievance Committee,
muspeaded Anutin storey Walter C. Prentice, fortwo yeary, partially probeted, effective
March 1, 1995. The panet found that Presiice neglected a legal mater; filled ta carry
out completely the obligations owed to the clieat; failed to beep the client ceasomably
infirmed about the sata of the matter, knowingly disobeyed ua obligation under the
standigg cules of of a culing by « uibusal; and engaged in conduct constinuting
obsiructioa of justice.
Ex parte § In the District Court
Robert Earl Carter § For the 21% Judicial District
§ Bastrop County, Texas
APPLICATION FOR HABEAS CORPUS
TO THE COURT OF CRIMINAL APPEALS
COMES NOW ROBERT EARL CARTER, APPLICANT IN THE
ABOVE-STYLED MATTER, THROUGH HIS PETITIONER
AND ATTORNEY, AND WOULD RESPECTFULLY SHOW
THE COURT AS FOLLOWS:
Applicant is restrained in his liberties as a prisoner under
sentence of death at the Ellis I Unit of the Institutional Division
of the Texas Department of Criminal Justice.
The sentence arises from applicant’s conviction for the
offense capital murder i in a Cause Humber 8 8003 in this Court.
q DP.
71,836, points of error three and four. Applicant
recognizes that the Court of Criminal ‘Appeals selected
U.S. 154, 114 S.Ct. 2187, 129 L.Bd.2d 133 (1994)'is not
applicable to the determination of sentence'i in-Texas.
a) 0
Applicant respectfully requests that the Court
reconsider those holdings and recognize that without
‘guidance on the minimum time to be served before
parole eligibility, the jury may be misled into believing
that a life sentence may in fact.be of relatively short
duration, thus prédisposing them to consider only the
alternative sentence of death in a capital murder case,
depriving Applicant of his right to have the jury
impartially consider the full range of punishment and
to weigh mitigating circumstances in light thereof.
2. Article 37.071 of the Texas Code of Criminal Procedure,
under which Applicant was sentenced to death, is
unconstitutional in that it places the burden of
persuasion on the defendant with respect to the
weighing of mitigating circumstances.
Applicant adopts the argument in his brief on appeal,
point of error eight, with respect to this allegation.
Applicant recognizes that the Court of Criminal
Appeals has rejected the contention, but respectfully
requests that they reconsider their holding and require
the State to meet the burden of showing that the death
sentence is appropriate in cases where it is authorized.
Upon consideration of these contentions, Applicant requests
that the cause be remanded for a hearing on punishment before
a new jury:
There are, to Applicant's knowledge, no unresolved
questions of fact which would require a hearing in this Court
prior to submission of this cause for decision by the Court of
Criminal Appeals.
~ WHEREFORE | APPLICANT PRAYS THAT THE WRITISSUE ©
REQ ISTED HEREIN BE a
Rohert.Rarl. Carter 2. 5
LE Page 2e.8 20020.
The undersigned petitioner swears on oath that the
allegations in this petition are true and correct.
Joel Menachim Shearer
Petitioner and:
Attorney for Applicant
State Bar Number 18168500
P.O. Box 1595
Bastrop, Texas 78602-1595
Subscribed and sworn to before me on this 6 day of October,
~~ 1997. aw
IN THE UNITED STATE DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ROBERT EARL CARTER, §
Petitioner, §
§
v. § Civil Action No.
§ A-98-CA-067-SS
GARY L. JOHNSON, DIRECTOR, §
TEXAS DEPARTMENT OF CRIMINAL § 7
JUSTICE, INSTITUTIONAL DIVISION, § -
Respondent. §
AFFIDAVIT OF
JAMES FREDERICK ZEMAN
BEFORE me, the undersigned notary public, came James
Frederick Zeman, and, after being administered the oath, stated
the following:
Le I am James Frederick Zeman. I am over the age of 21
years and am competent to make this affidavit.
Bis I served as the jury foreman in a capital murder case
involving Robert Earl Carter, in Cause No. 8003, styled The State
xas v. Ro t Ear. er.
By The jurors had difficulty understanding the trial
court’s jury instructions. We, as jurors, were confused about
what “life” meant, and exactly how long Mr. Carter would serve in
prison before becoming eligible for parole should a life sentence
be assessed. The issue of parole, in the context of a life
sentence, was extensively discussed by us throughout our
deliberations at the punishment phase of the trial.
4, We, as jurors, had heard and believed that a life
sentence would mean that Mr. Carter would serve only seven (7)
years before becoming eligible for parole. This concerned me as
well as the other jurors. We did not want Mr. Carter to become
eligible for parole in as few as seven years. *
5: The trial court did not provide us with any information
concerning the definition of a “life” sentence, or how long Mr.
Carter might be required to serve before becoming parole eligible.
6. We. were not aware that had Mr. Carter received a life
1 Lt!
sentence, he would have had to serve a minimum of 35 years in
prison before becoming parole eligible.
Ds Because of the confusion we had with what constituted a
~-“life” sentence, and our uncertainty over the issue of parole, we
were more inclined to answer the special issue questions in such a
way that the death penalty would be imposed against Mr. Carter.
In other words, our confusion over the parole issue “ti the G.
scale in favor of the death penalty. R Q Da f.
SWORN TO AND SUBSCRIBED before me, the undersigned notary
public, on this day of August, 1998.
DENESE H. DUNMIRE Notary Public, State of Texas
Notary Public, State of Texas
‘My Commission Expires 04-14-01
BEFORE THE GOVERNOR FOR THE STATE OF TEXAS
AND
THE TEXAS BOARD OF PARDONS AND PAROLES
Inre
ROBERT EARL CARTER
Applicant
SUPPLEMENTAL APPLICATION FOR REPRIEVE
FROM EXECUTION OF DEATH SENTENCE AND
COMMUTATION OF SENTENCE TO IMPRISONMENT FOR LIFE
SUBMITTED BY:
Bill Whitehurst
Texas Bar No. 00000061
Whitehurst, Harkness, Ozmun & Archuleta
1122 Colorado, 24th floor
Austin, TX 78701
(512) 476-4346
(512) 476-4400 [fax]
COUNSEL FOR APPLICANT :
SUPPLEMENTAL INFORMATION IN SUPPORT OF
ROBERT EARL CARTER’S APPLICATION FOR REPRIEVE
FROM EXECUTION OF DEATH SENTENCE AND
COMMUTATION OF SENTENCE TO IMPRISONMENT FOR LIFE
L Mr. Carter is Worthy of this Board’s Mercy.
Robert Carter is 34 years old. At the time he was arrested on this case at the age
of 26, he had never before been arrested or convicted of any criminal offense, let alone a
felony. His prison record reflecting the time he has been on death row does not reflect a
single infraction or disciplinary measure. In short, there is nothing to indicate that Mr.
Carter will be a danger to anyone if this Board exercises its powers and recommends
commutation of his sentence of death.
To the contrary, for the six years that Mr. Carter has lived on death row, he has
been an inspiration to all those he has come in contact with, from his friends and family
to his fellow inmates. Robert’s positive characteristics are testified to by the numerous
letters in support submitted with this Application. See Appendix, tab 9.! His strong
belief in the Christian faith stands out in the minds of all who know him. Robert is a
father, a husband, a brother, a son, and a friend. His worth as a human being deserves
the consideration of the Governor and this Board. Texas will not benefit by his
execution.
CONCLUSION
Robert Carter respectfully requests that this Board of Pardons and Paroles
recommend, and that the Governor grant, a reprieve as requested in his original
Application and commutation of his sentence of death to life imprisonment.
' The letter of Ella Carter-Sanders, Robert’s sister, which was previously submitted to this
Board, is incorporated herein.
By:
Respectfully submitted,
WHITEHURST, HARKNESS, OZMUN
& ARCHULETA, P.C.
P. O. Box 1802
Austin, Texas 78767
512/476-4346
512/476-4400 FAX
Bill Whitehurst
Texas State Bar No. 00000061
Counsel for Robert Earl Carter
APPENDIX TO SUPPLEMENTAL PETITION FOR CLEMENCY
OF ROBERT EARL CARTER
Tab# Document
9
letters of Mrs. Marilyn Adkinson, Cheryl Campbell, Katrina
Daniels, Estella Daniels, Lady Robinson, Jewel Maxey, and Mrs.
Mary Bryan in support of Robert Earl Carter’s Application for
Reprieve and/or Commutation
ae
Marilyn Adkinson a
1204 Westover
College Station, TX 77840
May 14, 2000
Dear Board of Pardons,
1 am writing this letter on behalf of Robert E. Carter #999091 who is scheduled to be
executed on May 31, 2000. | am asking that you consider granting him some type of
clemancy.
| have known Robert since the early 1980's when | was his English teacher for four
years. When Robert was convicted of mass murders in 1994, it was a total shock.
Out of all my students, | would never have imagined such a possibility for Robert.
During twenty-nine years of teaching Robert was one of my favorite students!
After his sentencing, I began to visit Robert every six weeks or so. While Robert
was in the Georgetown prison, a pastor led him to saving faith in Jesus Christ.
During subsequent visits | began to see a tremendous change in Robert.
Over the years our visits have taken on a new complexion. At first | was c
omforting/encouraging him. As Robert has spent four or five hours a day reading the
Bible, he has developed into a spiritually mature man and has come to encourage
me. His conversion has proved to be genuine over the past six years, and | treasure
the times we have spent together.
Abour six weeks ago | received a call from Chaplain John Downs, a chaplain in the
Houston penal system. He related to me that of all the inmates he has known,
Robert has shown the greatest spiritual maturity and Is having the greatest spiritual
impact on his fellow prisoners. Chaplain Downs says that when he visits the
inmates he likes to come the the cells unannounced and unexpected so he can see
the prisoner's activities before the inmafe has a chance to put up a front. Chaplain
Downs says that without exception every time he has visited Robert, Robert has
been studying the Bible.
Robert is at peace (and so am |) in the knowledge that God holds the keys to death
and life and in His sovereignty will take Robert at His appointed time. Therefore, |
re
trust the judicial system to carry out its’ God-ordained duty to administer justice. On
the other hand, | plead for Robert's life to be spared that he might continue his
ministry to the men confined in the Terrill Unit. | understand that his ministry there is
quite beneficial to the atmosphere of Death Row.
Thank you for your consideration of this matter.
Sincerely,
Yer tr Cidlecaaee
Marilyn Adkinson
(979) 696-3497
ah
May 10, 2000
TO WHOM IT MAY CONCERN:
My name is Cheryl Campbell. I am writing this letter in regards to the
— of Robert Carter. I have known Robert all of my life because
we grew up together. He was like a big brother to me. I was shocked to
learn that Robert had been convicted of the crime he is scheduled to die
for. Living next door to Robert all of our childhood showed me that he
could never have done what he has been convicted of. All of our
relatives were actually convinced that Robert would someday become a
minister. When he was not doing homework for school, he was
studying his bible. I know these things about him because he is not only
my cousin, but he is also my friend. For those who take a life, I do
believe that they should pay for their crime. But, I believe that God is
the only one who has a right to take life because He gives life. Iam
totally against the Death Penalty.
(VR) 695- (387)
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4
FILE COPY
Wutenurst, Harxness,
WILLIAM O. WHITEHURST. JR* Ozmun & ARCHULETA
THOMAS R. HARKNESS* ‘A PROFESSIONAL CORPORATION
SCOTT OZMUN‘* ATTORNEYS & COUNSELORS AT LAW MAILING ADDRESS:
MICHAEL £. J. ARCHULETA * * P.O, BOX 1802
CYNTHIA K, STEWART HaCOL Oe ame AUSTIN, TEXAS 78767
SALLY STARNES METCALFE . TEXAS
MICHELLE M. CHENG
‘SYLVIA H. IMHOFF
LAURIE M. HIGGINBOTHAM
TELEPHONE: (512) 476-4346
TELEFAX: (612) 476-4400
May 16, 2000
VIA FACSIMILE
[BOARD CERTIFIED-PERSONAL INUCRY TRIAL LAW* 512/467-0945
BOARD CERTIFIED - CIVIL APPELLATE LAW*
‘TEXAS BOARD OF LEGAL SPECIALIZATION
ATTN: Maria Ramirez
Executive Clemency Section
Texas Board of Pardons and Paroles
8610 Shoal Creek Blvd.
P.O. Box 13401
Austin, TX 78711
RE: Robert Earl Carter, TDC #999091
Dear Ms. Ramirez:
Attached please find letters to the Board from Mr. Hezekiah Carter, Sr. and Mrs.
Barbara Carter, Robert’s parents, Warren Williams, Robert’s nephew; Yolanda Blake,
Robert’s niece; Mr. John Pool, Robert’s uncle; and Mrs. Debra Sprague, friend of the
family.
Although the Supreme Court denied certiorari on this case yesterday, Mr. Carter
will be filing a petition for rehearing with the Court based on a recent Supreme Court
case (handed down since Mr. Carter filed his petition for writ of certiorari) which
changes the appellate court’s standard of review in cases such as Mr. Carter’s. Because
the Fifth Circuit clearly used the wrong standard of review in deciding Mr. Carter’s case,
I think Mr. Carter’s petition for rehearing will have a good chance of being
granted. Mr. Carter’s petition for rehearing is due twenty-five days from the date
of the Court’s order denying certiorari, which falls on June 9, 2000 (nine days after
Mr. Carter is scheduled to be executed). If Mr. Carter’s federal appellate remedies are
unsuccessful, he would still have a right to file a subsequent habeas petition in state
court. Accordingly, on behalf of Mr. Carter, I respectfully request that this Board grant a
reprieve or commutation as requested in our original Application.
Thank you for your assistance with this matter.
Bill Whitehurst
Enclosures
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1 AM WRITING ON BEHALF OF OUR SON , ROBERT EARL CARTER#999091 WHO IS SCHEDULE
FOR EXECUTION ON MAY 31 ST . FOR A CRIME HE DID NOT COMMIT. HIS FATHERAND I
ARE AT A LOST FOR WORDS AT THE THOUGHT OF LOSING OUR SON. WE RAISED OUR
CHILDREN TO BE GODLY MEN AND WOMEN. 1 KNOW THAT KNOW THAT NO ONE IS
PERFECT BUT WE COULDNT ASK FOR BETTER CHILDREN. WE LOVE OUR CHILDREN AND
WE KNOW THAT THEY LOVE AND RESPECT US . ROBERT HAS ALWAYS BEEN AND
OUTSTANDING YOUNG MAN AND WILLIING TO GO OUT OF HIS WAY TO HELP OTHERS
‘WE KNOW THAT ROBERT IS INNOCENT OF THIS HORRIBLE CRIME AND THAT HE COULD
NEVER DO ANY THING CLOSE TO THIS.FAMILY MEANS ALOT TO THIS FAMILY.. AND
OUR CHILDREN AND GRAND CHILDREN IS OUR FUTURE. I BELIEVE THAT THERE WAS NOT
ENOUGH INVESTIGATION IN THIS CASE ON OTHER LEADS THAT IS MORE THAN LIKELY
‘WAS THE RESULT TO THIS HEART BREAKING DISASTER NOT ONLY FOR THE VICTIMS
AND THEIR FAMILY BUT TO ALL THE INNOCENT WHO ARE ACCUSED FOR THIS CRIME.
PLEASE PLEASE TAKE MERCY ON BEHALF OF ROBERT TO SPARE HIS LIFE SO THAT ONE
DAY SOON IT WILL BE BROUGTH TO THE LIGHT THAT HE WAS WRONGLY ACCUSED SO
THAT HE MAY HAVE THE CHANCE LIKE CLARENCE BRANDLY HAD I KNEW HIS MOTHER
NOW IL KNOW WHAT SHE WAS GOING THROUGH. PLEASE LET US ALSO REJOICE INTO
THE NEAR FUTURE OF OUR SON PROVEN INNOCENT AND SENT HOME TO BE WITH HIS
DFAMILY WHILE HE STILL A YOUNG MAN . THANK YOU FOR LISTENING YO OUR PLEA
PLEASE SPARE HIS LIFE .
HEZEKIAH CARTER SR- FATHER
BARBARA CARTER - MOTHER
223 KAYE ST
SOMERVILLE TX 77879
409-272-8331
'BS- 84-00
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FILE COPY
Wuitexurst, Harkness,
WILLIAM O, WHITEHURST, JR.* Ozmun & ARCHULETA
THOMAS R. HARKNESS* A PROFESSIONAL CORPORATION
SCOTT OZMUN*t ATTORNEYS & COUNSELORS AT LAW MAILING ADDRESS:
MICHAEL E. J. ARCHULETA raz'core STREET. 2ATIU FLOOR: - =P.O. BOX 1802
CYNTHIA K. STEWART TEXAS ia AUSTIN, TEXAS 78767
SALLY STARNES METCALFE AUSTIN, waroL
MICHELLE M, CHENG: TELEPHONE: (512) 476-4346
‘SYLVIA H. IMHOFF TELEFAX: {512) 476-4400
LAURIE M. HIGGINBOTHAM May 17: 2000
VIA FACSIMILE
oni conn rcs SE a 512/467-0945
BOARD CERTIFIED - CIVIL APPELLATE LAW*
‘TEXAS BOARD OF LEGAL SPECIALIZATION
ATIN: Maria Ramirez
Executive Clemency Section
Texas Board of Pardons and Paroles
8610 Shoal Creek Blvd.
P.O. Box 13401
Austin, TX 78711
RE: Robert Earl Carter, TDC #999091
Dear Ms. Ramirez:
Attached please find letters to the Board from Ryan Carter, Robert’s son; Theresa
Carter, Robert’s wife; Mr. Robert Pool, Sr., Robert’s uncle; Lt. Hezekiah Carter, Jr,
Robert’s brother (two letters); Michael Sanders, Robert’s brother-in-law; Kevin Ray,
Robert’s brother-in-law; Reverend John and Edna Hudson; Tanisma Neal, Eddie Blake,
Jr., Hezekiah Carter Jr. II, Christopher Neal, Courtney Carter, and Daphne Carter,
Robert’s nephews and nieces; Birdianne Carter, Robert’s aunt; Beverly, Helen, and
Rodney Davis, Robert’s aunts and uncle; Alice Martin, the cousin of Robert’s mother;
Patrick Blake, Robert’s nephew; Isaac Butler, a friend; and a joint letter from sixty-eight
of Robert’s friends and family members.
Thank you for your assistance with this matter.
Sincerely.
Michelle Cheng
Enclosures ~
May 16, 2000 .
To Whom It May Concem:
My name is Theresa Carter, wife of Robert Carter. I arn writing this letter to speak on the
well being of my husband. Robert is a God fearing man who patterns himself in the
footsteps of our Lord and Savior Jesus Christ. He is a man who has a love for his family
as wel] as other people, He is a humble person, who not only reads the Holy Bible but
also follows its every word, Hc is a wonderful husband, father, son, and friend. He is
friendly with everyone whom he would meet, and always has a smile on his face. He has
always been active in the church, and always willing to share the Good News of Jesus
with every stranger, family member and friend. Most of all he is loving. He has a huge
heart that is filled with love that he shared with everyone.
Sincerely
Theresa Carter
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70. WHOM [1 CONCERNS
1AM WRITING IN REFERRENCE TO (ROBERT EARL CARTER) WHO JUST HAPPENS TO BE
MY BROTHER. THIS IS ONE OF THE HARDEST THING THAT OUR FAMILY HAS EVER BEEN
UP AGAINST. WE BEEN UP AGAINST DEATH BEFORE DUE TO ILLNESS OR ACCIDENTS
FIRST LET ME SAY ROBERT IS NOT A MURDERER!! ALSO HE COULD NEVER EVER HURT
A CHILD ESPECIALLY HIS. WE AS WELL AS HE ARE NOT PERFECT / BUT EVER DOING
ANYTHING THAT WOULD HARM A LIFE NEVER WE WERE RAISED TO WORK AND
PROVIDE FOR OUR FAMILIES .OUR PARENTS SHOW US LOVE AND TAUGHT US LOVE
NEVER ANY TYPE OF ABUSE NONE WHAT SO EVER SO WHERE WOULD YOU THINK HE
COULD THINK UP SUCH A HORRIBLE WAY NOT 10 PAY CHILD SUPPORT IT JUST DOES
NOT ADD UP. AS A LAW ENFORCEMENT OFFICER WE ARE TRAINED TO LOOK AT
CERTAIN ASPECT AT CRIME, THIS DID NOT FIT ROBERT BUT I DIDNT NEED THAT TO
TELL ME THAT BECAUSE MY BROTHER ANDSISTER AND I ARE VERY CLOSE VERY GOOD
FRIENDS. WE HAVE COME FROM A FAMILY FILLED WITH ONE TYPE OF LAW
ENFORCMENT OR ANOTHER. THAT DOESNOT MEAN THAT IF YOU ARE AN OFFICER YOU
DONT COMMIT CRIMES , BECAUSE WE SEE EVERY DAY IN THE NEWA BAD COPS
LAWYERS, JUDGES,DA’S THIS 1S TO LET YOU KNOW THAT EVERY DAY MY LIFE
IS PUT ON THE LINE I DONT WANT TOO HAVE TO HURT ANYONE IM HERE TO PROTECT
AND SERVE .WE WERE RAISED TO HELP ONE ANOTHER AND OTHERS NEVER TO TAKE
WHAT WASNT YOURS TO LOVE AND RESPECT LIFE .THERE IS NO WAY ROBERT COULD
HAVE COMMITED THESE MURDERS ARE HAVE ANTHING TO DO WITH THEM. HE WAS
NEVER GIVEN A CHANCE FROM THE FIRST ARREST AND I LOVE THE LAW AND TO SEE
IT ABUSED BY THOSE JUST TO GET A CONVICTION IS DEVESTATING!If
ROBERT IS INNOCENT THERE IS NO DOUBT AND TO TAKE ALIFE THAT IS INNOCENT IS A
CRIME MY MIND IS STILL NOT UNDERSTANDING AT THE TRIAL WHEN THE JURY CAME
BACK WITH THERE DECISION WHY THE JUDGE TOLD THEM TO KEEP GOING BACK
OVER AND OVER AGAIN UNTIL THEY CAME BACK WITH DEATH NO MAN OR WOMAN
SHOULD BE SENTENCE TO DEATH BECAUSE THE PUNISHMENT DOESNOT CARRY
ENOUGH YEARSTHEY FILL HE NEEDED TO BE PUNISH. SOMETHING IS WRONG WITH
OUR SYSTEM. IVE READ STATMENT FROM THE JURY FORMAN WHO SAID THAT IF THEY
HAD BETTER INFORMATION THAT WITH OUT A DOUBT THE OUT COME OF THE
PUNISNISMENT WOULD HAVE NOT BEEN DEATH. PLEASE LOOK INTO MY BROTHER
DOES NOT DESERVE YO PAY FOR A CRIME HE DIDNT AND COULDNT COMMIT
ROBERT IS STILL THE SWEET, CARING LOVING AND FUNNY BROTHER THAT I HAVE
ALWAYS KNOWN.
LT. HEZEKIAH CARTER JR.
408-272-2325
TO THE BOARD OF PARDONS AND PAROLE
OR TO WHOM IT CONCERNS
IM WRITING ON BEHALF OF ROBERT EARL CARTER MY BROTHER INLAW WHO IS MORE OF
ABROTHER THAN ANYTHING. IVE KNOWN A LOT OF GOOD PEOPLE IN MY LIFE BUT THE
FAMILY IVE MARRIED INTO WORDS CANT DESCRIBE THE LOVE AND AFFECTION THIS
FAMILY HAVE FOR ONE ANOTHER THERE PARENTS RAISED THEM THE RIGTH WAY AND
IM PROUD TO BE PART OF THIS FAMILY I COULD NOT ASK FOR BETTER BROTHERS.
ROBERT HAS ALWAYS BEEN A GOOD FATHER AND HUSBAND A GREAT SON.
I KNOW THIS SOUNDS LIKE A FAIRY TALE WHERE THEY ALL LIVED HAPPILY EVER
AFTER AND NEVER MADE MISTAKES. BUT WE ALL HAVE MADE MISTAKES AND SAID OR
DID SOMETHING TO BE ASHAME OF. SO THAT MAKES US NOT PERFECT. ROBERT WAS NOT
PERFECT AND HE 1S NOT A KILLER AND THERE IS NOWAY HE COMMITED ANYTYPE OF
CRIMINAL ACTIVIES LET ALONE MURDER HE DID NOT HAVE A GOOD LAWYER FROM THE
START AND THE ONE THEY GOT TOOK THE FAMILIES MONEY AND WAS ASKED OFF THE
CASE. WE STILL DONT KNOW TO THIS DAY WHY 7ANYWAY ROBERT LOVES HIS CHILDREN
AND COULD NEVER HURT ONE!!! PLEASE STOP THIS EXECUTION AND SAVE MY BROTHER
HIS PRESENCE IS GREATLY NEEDED IN THIS FAMILY.|{THERE CONTINUE'S TO BE A-VOID
IN THIS FAMILY UNTIL HE IS RETURN SAFE WITH OUT HARM. THANK YOU FOR HEARING
THE DESPERATE PLEA OF THE CARTER FAMILY AND FRIENDS !1!
MICHAEL SANDERS
713-466-4103-WK 713-782-7490-HM
ah
May 16, 2000
To Whom It May Concem:
Iam writing this letter on behalf of my brother in law, Mr. Robert E. Carter. Robert is a
person who is a strong man of God. Although he was not active in the community, he is
a hard worker and a very devout Christian. Church is his life. Other than working and
spending time with his family, he would take time out of his busy schedule, and
concentrate on the Word of God. Robert is very optimistic, and very friendly. Every
time you see him, he has a smile and always giving a kind word to people whom he has
met. T feel that Robert would not be a threat to society, for the simple reason that this
man is loving, caring, and family oriented. He was raised to help those in need, and to
always treat people with love, honor, and respect. Something that was instilled in him
from birth, and something that is still within him today.
Sincerely
Kevin D. Ray
REV JOHN & EDNA HUDSON
TO WHOM IT CONCERNS EXECUSE THIS LETTER IM GOING TO THE POINT
WE DONT HAVE MUCH TIME. PLEASE SAVE ROBERT CARTER FROM
EXECUTION. THIS MAN IS INNOCENT HE !S 4 MAN OF GOD IVE WORKED WITH
HIM MANY TIMES IN CHURCH AND WATCH HiM GROW TO A GREAT MAN *~
HUSBAND AND FATHER HE COULD NEVER DO THIS CRIME NOMATTER IT LOOKS
LIKE EVERY THING ISNOT ALWAYS AS IT SEEMS.I USE TO MINISTER YO A
WOMAN SON WHO WAS ON DEATHROW AND NOW HE’S OUT CLARENCE
BRANTLY SO [Y LOOK UKE HE DID fT BUT THAT WASNT TRUE AND MANY
PEOPLE KNEW IT AND SET.ON THE TRUTH ITS THE SAME WITH ROBERT
{ PRAY THAT HE IS STILL ALIVE WHEN THE TRUTH COMES GUT. PLEASE SAVE
THIS YOUNG MAN HE IS INNONCENT
REV&EDNA HUDSON ~409-272-901 4
TO WHOM IT CONCERNS
PROM THE NIECES L8 NEPHEWS OF ROBERT EARL CARTER
WE COME TO GETHER AS A HOLD TO ABK FOR MERCY FOR OUR UNCLE TIME 13 PABSING
FAST AND WE THOMGHT WE PIAD MORE TIME LIKE PEOPLE IN PRISON ON DEATH ROW, =
FORYEARS OUR UNCLE ONLY HAD SYRB AND NOW THEY WANT TO TAKE HIM OUT. WE BELIEVE
IN PUMIBTIMMENT FOR THE GUULTY BUT NOT DEATH, WE WERE TAUGHT TO VALME LIFE. .
Ahh TOME (AUPE BRE ALLE ROBBRI AP IDLIOLEAT ONE FOU CRANE ALE AAP COWNU ETE OF OO
PLEABE SPARE HS LIFE BECAUBE ONLY GOD BHOULD TAKE IT NOT MAN.
PLEASE BAVE HUM FROM THIS EXECUTION ALL PRISONERS FROM DEATH THERE GOT 70 BE A
BETTER WAY BECAMBE THIS ONE 18 NOT IT THANK YOU FROM ALL OF KS
TANIBtIA NEAL EDDIE BLAKE IR, ttEZEX(Atl CARJERIRII
CHRISTOPHER MEAL COURTNEY CARTER DAPtihdiCARTER
ce pp ea 2
de ce uunngevnis sitet Wagninetvenens sa aciry a 1s Ee ch .
cee ceetnmnenanees wemmmamnie et ee nam con Liat he cade The a
/ a Untitled
TO WHOM IT CONCERNS
I AM WRITING ON BEHALF OF INMATE “ROBERT EARL CARTER™
ON MAY 31ST IF THIS MAN IS EXECUTED. IT WILL BE A SAD
DAY, NOT JUST FOR THIS MAN LOSING HIS LIFE NOT JUST FOR .
THE FAMILY THAT STANDS BESIDE HIM.BUT FOR FOR THE UNJUST *~
OF THE JUSTICE SYSTEM.THE SYSTEM HAS FAIL NOT ONLY FOR THIS MAN
BUT FOR SO MANY MORE BEFORE HIM AND AFTER HIM.
THERE ARE TO MANY PRISONS BUILT TODAY TOMANY PEOPLE ON
DEATHROW.THIS SENTENCE IS HARSH AND THERE IS NO WAY OF
UNDOING ONCE THE SENTENCE IS CARRIED OUT.WE SAY VIOLENCE
BEGAT VIOLENCE.IF ABUSED YOU WILL ABUSE.DEATHPENALTY IS
A VIOLENT ACT AND DOES NOT DETAIN ANYONE FROM KILLING.
SINCE ITS AFFECT THERE ARE MORE PEOPLE ON DEATHROW THAN
EVER.AS WE SAY VIOLENCE BEGAT VIOLENCE. SO WE MUST FIRST
EDUCATE OUR PRISON STAFF THEN EDUCATE OUR PRISONERS SOME
HAVE BEEN TREATED LIKE ANIMALS ALL THEIR LIVES SO WHEN
YOU THROW THEM IN AND TREAT THEM LIKE DOGS.THATS WHAT
THEY ARE USE TO. IF WE TREAT THEM FOR WHAT AND WHO THEY
ARE .YOU JUST MIGHT GET RE-ADJUSTED MEN AND WOMEN WHO
WOULD BE ABLE TO RETURN TO SOCIETY AND LIVE AND FUNCTION
AND ABLE TO HELP OTHERS THAT ARE ON THAT ROAD TO DESTRUCTION
SO PLEASE SAVE THIS YOUNG MANS LIFE AS WELL AS THE LIFE
OF ALL THE OTHERS . GIVE HIM A CHANCE TO TO LIVE !!!!!!!
THANK YOU FOR TAKING TIME OUT TO LISTEN TO THE PLEA
FROM THE FAMILY AND MANY FRIENDS.MAY GOD GUIDE YOUR
DECISION.AND SAVE AN INNOCENT MAN FROM DEATH! !!!!tritiirery
BEVERLY AND HELEN DAVIS
RODNEY DAVIS (317-266-4009)
Page 1
FO WHOM rr COoONCEHEIVNS
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BRS ALION MAR wre
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TO BOM IT CONCERNS
WE ARS WRITING ON THS RENALF OF ROBRT GARL CARTER WHO IS SCHDULS FOR
EXECUTION ON MAY 7ST THIS MAN IS INNOCENCE OF ALL THAT HE HAS BESN ACCUSED
OF.BK5 "UB KNOGUN THES MAN ALL OF HIS LIFE AND HIS FAMILY TOO.WS'VE SEEN H/M WITH
SES FAMILY HIS WIFE AND CHILOREN AND THERE IS NO DOUBT THAT WE LOVES THEM
AND THEY LOUE M.TOO SEE HIM GIITH HIS SON (3 LIKE SEGING HIS FATHER CARING FOR
HIS CHILOREN.THIS 1S AMA OF GOO AND YOUR TRYING TO TAKE HIS LIFE FOR
SOMETHING 3% OIONT AND COULON'T DO, PLEASE FIND IT IN YOUR HEARTS TO GS
THISMAN HIS LIFE BACK TO HIM.PLEASE GN ROBERT THE SAME CHANCE AND TIME
UKE CLARENCE BRANDLY AND JOYCE BROWN AND SO MANY OTHERS THAT GRE ON
DEATHROR) FOR ABOUT 9 TON YRSAND THEY FINALLY PROUBD THEIR INNONCENCE
AND NOW THEY ARS SAFELY AT HOME WITH THEIR FAMILIES THE UNOBRSIGN ARS
ASKING YOU TO SAUS THIS MAN FROM AN UNDSSERUING FATS. AND LET HIB LIVE SO
THAT Hi AND HES FAMILY ALL NOT BECOME URCTIMS TO SUCH AN UNGODLY ACT
GOD GUUES LIFG 1 ONLY GOD SHOULD RS ABLE TD TAXS IT.
AUES POOL ~~ CHAIRMAN DEACON BOARD—UNCLE
AMES FLOWERS IR.CHMMY) FAMILY FRIEND
AGNES FLORIERS ~ CLASS MATS
6SOLA ROBINSON ~ CLASSMATES
PAM MARTIN ~- COUSIN TOC OFFICER
SHERYL CARTER— SISTER ~INLAW
DELORES JOMN'SON-=- COUSIN
ROOSEUELT CARTER— UNCLE
CATHBRING CARTER- ADAMS-—AUNT
DEBRA CARTER- COUSIN
THADEUS (TSO) POOL ~~ COUSIN—- HPD OFFICER
LOURSE WEARO-~ FAMILY FRIEND
SUALTERING HEARD—FAMILY FRIEND
CLARENCE HEARD FAMILY FRIEND
CORING HEARD FAMILY FRIEND
EDD POOL JR- COUSIN
MARTHA POOL AUNT
WILLIE EMA CARTER- (FAMILY FRIEND)
TASS QUILL ae JOHNSON--FAMILY FRIEND
DBLTON FINES Y--FAMILY FRIEND
ANANIAS BOARTIN—-COUSIN:
SHARON MARTIN COUSIN—TDC OFFICER
ESTER WILSON --FAMILY FRIEND
CALWRENCE—LY/LSOM—FAMILY FRIEND =
a%
CONTINGED
RUBY ROBINSON-—-FAMICY FRIGND
DOROTHY FLOQMGERS—~ FAMILY FRIEND
GOQHSNDOLYN BARNES CLASS MATE AND FRIGND OF AMILY
RUBIG LEE HEARD FAMILY FRIEND fed
PERRY BARNES-~ COUSININLAW
POTHORY BUTLER—FAMILY FRIEND
ELLEN PHILLIPS—-COUSIN
ALICE MARTIN ~~~ COUSIN
1OLA CHESTER---COUSIN-~-GO9-B25-E278
DAPHNE CARTER-—SISTERINLAW TEACHER
MONIQUE CARTER-NIECE
YAY CARTER--NSPHEW
LATASHA POOL--~COUSIN CLASSMATE AND FRIEND
TIFFANY DANIELS-~COUSIN:
MICHELLE POOL-COUSIN
MRS REESE MOORE~ FRIGND OF FAMILY-STATEBOARD COSMETOLOGY
BARC MUNSUN-~UNCLS OFFICER
ERIC JOHNSON—COUSIN
WOHM POOL- BX OFFICER UNCLE
UERA POOL--RUNT OFFICER
ALBERT PODL—~EX OFFICER
AMM POOL—SCHOOL TEACHER
MARSHALL NGAL~~ 5X BROTHERINLAW (THIS A GOOD MAN NOT CAPABLE OF WHATS
GARY CARTER-~COUSIN-NAVALOFFICER
SHARON ADAMS-—COUSIN
PATRICK CARTER-~OFFICER/COUSIN
JOMM BOWARD ADAMS—COUSIN
CALUIN HEARD-—~CLASSMATE AND FRIEND
DORIS HEARD-ACLEN
as
