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Here we go again.. - 8/29/2012 6:31:24 AM   
stellauk


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Preston Hughes is scheduled to be executed in Texas on November 15.

From the Texas Department of Criminal Justice website for 'Scheduled Executions' we read..

quote:



Convicted in the September 1988 stabbing deaths of 15-year-old Shandra Charles and her 3-year-old cousin Marcell Taylor. The two victims were found lying on a dirt path behind a Houston restaurant. Charles was still alive and told police that "Preston tried to rape me". Lab tests later revealed that the girl had been raped. The girl's dying statement led police to an apartment complex at the end of the dirt path. Hughes was the only 'Preston' living there, and police found the girl's eyeglasses in the apartment and blood on his clothing. Hughes gave two statements to the police before finally admitting to the murders. Both victims died of stab wounds.

source: http://www.tdcj.state.tx.us/stat/dr_info/hughesprestoni.jpg



Therefore this is a conviction obtained on the following 'evidence':

- Shandra Charles identified her assailant as 'Preston' to a police officer before she died.

- The murder weapon was found in Preston's apartment. It had blood on it.

- Preston's clothes, recently worn, had blood on them.

- Shandra's glasses were discovered in Preston's apartment.

- Preston Hughes confessed not once, but twice to the murders.

Seems to be cut and dried, right? Not quite.

Preston Hughes III was 'arrested' in the early hours of September 2 1988. Around 2.15am Houston police turned up and knocked on Preston's door. They came in, looked around for a few minutes, and asked Preston if he would come down to police headquarters. In spite of the fact that the sergeant would not answer the question "What's this all about?" Preston agreed to go because he had done nothing wrong. By 6.40am after being yelled at, slapped, lied to, and punched in the chest Preston, fearing for his life, signed the last page of the sergeant's typed false confession.

Later that morning another sergeant was reviewing the false confession and noted that the murder of the little boy had not been included. The officer picked up Preston from the jailhouse and by 1.15pm - after the officer had threatened to kill Preston - Preston involuntarily signed a second false confession.

There was no evidence collected by Houston Police Department that tied Preston to these murders.

On September 27 1988 at 2.58am an officer turned into the Houston Police Department property division 15 items, including items from Preston's apartment. The girl's eyeglasses and a small plastic bag containing a green leafy substance were not among these items. These items showed up later in one of the officer's reports.

The Voluntary Consent for Search and Seizure was supposedly witnessed by two sergeants around 5.30am, two and a half hours after an officer turned in 7 items from Preston's apartment. Preston's signature was cut and pasted on this form and only a copy of this form was presented at trial. Additionally one of the sergeants who supposedly witnessed this form had FIRST met Preston when she was called in to witness his signing of his coerced confession after 7.00am. So there is no way she could have signed this form at 5.30am.

The officer who did the crime scene photos and collected the evidence including the 7 items from Preston's apartment wrote in his report that he was contacted at 8.30am by a sergeant to go and get some clothing and a knife - the alleged murder weapon from Preston's apartment since they now had a signed search and seizure form. This was five and a half hours after this officer had already turned in 7 items from Preston's apartment including the knife and clothing.

Being a stabbing, this was a particularly bloody murder. Both Shandra and Marcell were stabbed in the chest and neck. Each suffered two stab wounds, one each to the chest and one each to the neck. Shandra's left carotid artery and jugular were both completely severed. Marcell's left carotid and jugular were punctured. The injuries were inflicted by a double-edged blade approximately 5/8 inch wide.

The knife that was seized by police at Preston's apartment had a one inch thick single-edged blade. It was not tested in a lab, but in the courtroom before the judge just before the 'forensic expert' was to testify. The test proved positive for animal blood, but not for human blood. However the judge allowed the knife to be introduced at trial as the murder weapon.

When the carotid artery is severed loss of brain function occurs within ninety seconds. It would have taken police at least fifteen minutes to arrive on the scene. Therefore Shandra being able to make a 'dying statement' to police seems virtually impossible.

The Voluntary Consent for Taking Samples of Blood, Urine or Hair form was supposedly witnessed by two sergeants around 7.45am. When Preston signed this form there was no place provided for any witness signatures and no samples were ever taken.

Apropo the silver rim eyeglasses belonging to the female victim. The lab report indicated no latent prints containing sufficient characteristics to effect an identification, but when introduced at trial as being found between two cushions on a couch in Preston's apartment, had what appeared to be bloody spots on the eyeglasses. A witness saw the prosecuting attorney wandering round the halls of the courthouse with the eyeglasses in a plastic bag. He was then seen to approach a woman to borrow some make up from her which was smeared on the eyeglasses. These eyeglasses were obviously planted between two cushions on the couch in Preston's apartment otherwise some of this blood would have transferred to the cushions.

Two blue short sleeved shirts and one pair of blue jeans belonging to Preston were seized. The police did not seem that bothered to test these items of clothing for blood. No blood was visible on the clothing. After 213 days without testing the clothing was subjected to a presumptive testing for blood just 4 days before the head of the serology department would testify at trial. There was a presumptive test which proved positive for blood. But the lab reports indicated that there was not enough to positively identify it as human blood and not enough to identify a type.

There was a vaginal swab taken from the female victim. The lab report indicated a very weak positive for semen, but not enough to type. Shandra was not raped.

A bed sheet was taken from Preston's apartment but not logged in. This sheet was stained with fresh semen. I will leave it for you to determine whether this was the semen used to contaminate the vaginal swab.

Please also bear in mind that both the confessions are wildly inconsistent with the facts of the crime. They are also inconsistent with each other. The only consistency is that in both Preston claimed to have stabbed 'wildly, repeatedly and uncontrollably' which is contradicted by the stab wounds themselves. It is clear that Preston had no knowledge of the circumstances or details of the crimes and was merely signing any statement the police wanted him to sign.

Sources:
http://www.thepetitionsite.com/1/save-preston-hughes-iii-from-texas-death-row/

http://www.skepticaljuror.com/2012/07/case-of-preston-hughes-iii-plea-and.html

--------------

We have had Cameron Todd Willingham, we have had Troy Davis, and unless someone intervenes we are going to have Preston Hughes executed despite being innocent.

There have been hundreds of exonerations. Billions of dollars spent.

Yet very clearly innocent people are still being executed for crimes they did not commit.

Do you find this acceptable?








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RE: Here we go again.. - 8/29/2012 6:52:11 AM   
LadyHibiscus


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Horrifying.

Michigan has never had the death penalty, and these cases rarely make the news here.

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RE: Here we go again.. - 8/29/2012 7:11:00 AM   
slvemike4u


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The death penalty is barbaric both in its application and in its "execution".
We,as a country,have an abysmal record as to application.....we have proven,beyond a shadow of a doubt,that we have no business in condoning state sanctioned murder.

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RE: Here we go again.. - 8/29/2012 7:48:26 AM   
subspaceseven


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And people say voting is not important.....want to change things Vote...

Texas has a long history like this, yet it is Texans who vote the very people into office who make the laws........


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RE: Here we go again.. - 8/29/2012 8:02:20 AM   
Rule


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So what other suspects are there? A parent? Someone in the restaurant? An acquaintance of the murdered girl?

Considering the precision of the wounds, the murderer likely is an adult, and has murdered before.

Motives: not financial, apparently not sexual, so what is left?

Why were the children present at that location?
Who was the last person to see them alive, and where?

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RE: Here we go again.. - 8/29/2012 9:07:46 AM   
vincentML


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quote:

ORIGINAL: Rule

So what other suspects are there? A parent? Someone in the restaurant? An acquaintance of the murdered girl?

Considering the precision of the wounds, the murderer likely is an adult, and has murdered before.

Motives: not financial, apparently not sexual, so what is left?

Why were the children present at that location?
Who was the last person to see them alive, and where?


What!? You expect an investigation? Dude, get real!

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RE: Here we go again.. - 8/29/2012 10:32:58 AM   
stellauk


Posts: 1360
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quote:

ORIGINAL: Rule

So what other suspects are there? A parent? Someone in the restaurant? An acquaintance of the murdered girl?

Considering the precision of the wounds, the murderer likely is an adult, and has murdered before.

Motives: not financial, apparently not sexual, so what is left?

Why were the children present at that location?
Who was the last person to see them alive, and where?


Good questions. This is where it gets really weird..

Now bear in mind that both the victims were children. Shandra was 15, and her cousin Marcell was just 3 years old.

The crime scene was a dirt path in a wooded field. The murder took place sometime on the evening of September 26 1988.

Recovered from Shandra's body was a scrap of paper on which was written Dog and a phone number. Also recovered from the crime scene was a Busch beer can.

There is another suspect - Doug Swanson. A witness saw a man fitting Swanson's description entering the crime scene area with both Shandra and Marcell. He drank Busch beer and smoked Benson and Hedges cigarettes. There were bloody footprints leading from the crime scene in the direction of Swanson's apartment block. If the police have photos of these footprints they weren't made available. Swanson left the Houston area shortly after these murders, he didn't notify his employer and left word with his cousin that if anybody asked they were to be told that he was in California. However it appears that he ended up living with his grandmother in Tyler, TX.

In 1991 Swanson was arrested and convicted of aggravated sexual assault with a deadly weapon and is now serving a life sentence at Ferguson Prison in Midway, TX. As you thought he did have previous convictions of this nature.

The Skeptical Juror alleges that the three met as part of a drugs transaction (hence the small bag of a leafy type substance recovered by police) which might explain why the two victims were in that location so late at night.

Shandra's mother Cynthia Charles claims that her daughter was returning from an unspecified store. However it seems that Cynthia did not know where her daughter was on that evening or what she was doing.

Further links
http://www.skepticaljuror.com/2012/03/case-of-preston-hughes-iii-weed.html

http://www.skepticaljuror.com/2012/04/case-of-preston-hughes-iii-shandras.html

http://www.prestonhughes.blogspot.co.uk/







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RE: Here we go again.. - 8/29/2012 10:39:07 AM   
DomKen


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This has got to be the worst case so far.

Why an appelate court has not tossed this whole case is beyond me.

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RE: Here we go again.. - 8/29/2012 10:55:48 AM   
Rule


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quote:

ORIGINAL: stellauk
Shandra was 15, and her cousin Marcell was just 3 years old.

The crime scene was a dirt path in a wooded field. The murder took place sometime on the evening of September 26 1988.

The Skeptical Juror alleges that the three met as part of a drugs transaction (hence the small bag of a leafy type substance recovered by police) which might explain why the two victims were in that location so late at night.

Shandra's mother Cynthia Charles claims that her daughter was returning from an unspecified store. However it seems that Cynthia did not know where her daughter was on that evening or what she was doing.

Let's let that leafy type substance out of it. It appears to be a red herring.

What were those two children doing there, unsupervised? How did they get there?

I am most certainly opposed to torture, but I do think that LadyPact or one of our resident sadists ought to have a talk with the mother.

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RE: Here we go again.. - 8/29/2012 11:33:34 AM   
stellauk


Posts: 1360
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quote:

ORIGINAL: DomKen

This has got to be the worst case so far.

Why an appelate court has not tossed this whole case is beyond me.


Exactly. It's pretty impressive as a miscarriage of justice and quite mind-boggling when you stop to think about it.

You would think that the defense team would have an easy job. They could have independently examined the evidence and tested it. But then again if the judge refused to authorize funds..

There's the case of Cesar Fierro. The Texas Court of Criminal Appeals agreed that the police had extracted Fierro's confession under duress. The El Paso police threatened to have Fierro's parents tortured by the Mexican police, who had taken Fierro's parents into custody. The TCCA found also that the police had perjured themselves during the trial.

They ruled it was a harmless error.

Here Preston Hughes signed two confessions, the defense doesn't seem to have done much, it's so long ago, it doesn't look good.

That is, unless Gov. Rick Perry looks into the case and issues a pardon or orders a retrial.


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RE: Here we go again.. - 8/29/2012 11:45:20 AM   
stellauk


Posts: 1360
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quote:

ORIGINAL: Rule

What were those two children doing there, unsupervised? How did they get there?



The crime scene was a wooded area near a derelict building between two apartment blocks - Lakehurst and Lakewood, and a store called Fuddruckers.

The mother thought the girl had gone to the store and was visiting a friend called Evelyn in one of the nearby apartment blocks.

However there could have been a drug transaction involved for a third party. Apparently some people use minors to carry out the transactions and also as 'mules' to transport the substances.

I'm however going to play safe here (with regard to TOS) and refer you back to the SJ blog site which covers this so you can form your own conclusions.

http://www.skepticaljuror.com/2012/03/case-of-preston-hughes-iii-weed.html

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RE: Here we go again.. - 8/29/2012 11:46:50 AM   
DomYngBlk


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God Bless America

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RE: Here we go again.. - 8/29/2012 12:15:08 PM   
SternSkipper


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quote:

God Bless America


No one's ever going to get anywhere near Texas' world record for execution... meanwhile, all this talk about Fuddrucker's has me craving a burger.


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RE: Here we go again.. - 8/29/2012 1:31:01 PM   
hlen5


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quote:

ORIGINAL: stellauk

...........That is, unless Gov. Rick Perry looks into the case and issues a pardon or orders a retrial.



Anyone want to take odds on this???

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RE: Here we go again.. - 8/29/2012 1:32:37 PM   
Rule


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quote:

ORIGINAL: stellauk
some people use minors to carry out the transactions and also as 'mules' to transport the substances.

Plausible. I would then suspect either hard drugs or lots of money - hidden in her trousers.

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