Texas set its Execution date for January 21, 2008
SELF DEFENSE IS NOT A CAPITAL CRIME
BY FRANK MOORE # 999210
SELF DEFENSE IS NOT A CAPITAL CRIME.
A summary of the facts of my case.
By Frank Moore.
My name is Frank Moore and I have been on Texas Death Row since November
20th 1996 . I have been locked up since January 25th 1994 . Caught up in
this struggle and fight for my life and freedom.
At this time I would like to share my fight for my life and freedom and
the story of what happened that night so many years ago on January 21st
In this article I will show you the facts of my claim of self defense and
all the evidence that has been used against me, and new evidence that my
lawyers now have that proves I acted in self defence that night.
As I write this article I am sitting in my cage on A-Pod-A-Section, which
is death watch on Texas Death Row. As I await my execution date set for
January 21st 2009 . As you can see the D.A'S office in San Antonio has
jokes, my execution date is set for the same date that I killed Patrick
Clark and Samuel Boyd in self defense. Me, myself, I don't see anything
funny in this joke – feel me?
The evidence presented at the second trial established that I shot and
killed two individuals after an altercation in the parking lot of the
Wheels of Joy Club in San Antonio , Texas , around 2:00am on January 21st,
1994 . The persons killed were Samuel Boyd, 23 years old, and Patrick
Clark, 15 years old. The first peace officer on the scene found Boyd dead
or dying in the passenger seat of an automobile and Clark lying dead next
to the driver's door.
An investigator found shell casings in a location that suggested that the
shots were fired from the left rear of the vehicle. This evidence
comported with the deputy medical examiners testimony that the tracks of
the bullet wounds were generally from back to front, and left to right.
Boyd had been wounded by six bullets and Clark by five. Boyd's blood
contained 0.28 grams per decilitre of ethanol alcohol. Clark 's blood
contained 0.15 grams per decilitre of ethanol, as well as 0.25 milligrams
per litre of diazepam, and 0.33 milligrams per litre of nor diazepam. In
the opinion of the medical expert, the latter two controlled substances
were muscle relaxants Both victims were acutely intoxicated at the times
of their deaths.
The State called Angela Wallace, who lived in Houston and was visiting San
Antonio to attend the funeral of her uncle Prior to the night of the
shootings, Wallace did not know anyone involved in the offense. She
testified that she and a friend, Lisa, had gone to an ice house across
from the club called the Wheels of Joy Club. Lisa was Boyd's girlfriend.
Boyd met Lisa at the ice house and the two verbally argued. Wallace left
her friend and walked to the Wheels of Joy Club where she spent several
hours in the nightclub, Boyd entered the club after Wallace had told her
that Lisa had gone home. During the evening Wallace saw Petitioner in the
club and at one time Petitioner and Boyd shook hands and the two spoke and
laughed. She also saw Clark in the club, but did not see him have any
contact with the Petitioner. Wallace testified that she did not see Boyd
or Clark acting drunk or argumentative. Through out the evening,
Petitioner came and spoke to Wallace and flirted with her. At one time,
Wallace observed two women with Petitioner look at her strangely and she
momentarily left the club to deposit her jewellery in her car. As the
club prepared to close, the Petitioner asked Wallace to save him the last
dance and to give him her telephone number. Wallace refused to give
Petitioner her number, but he offered to give his to her. As the club was
closing Petitioner was interrupted by a man who stopped and whispered to
him, the two men then left the club.
Wallace failed to identify this other man from photographs as Ivory
Sheffield, but later testified at Frank Moore's trial that Ivory Sheffield
tossed the rifle to Frank.
Robert Perry Smith admitted to police that he handed the rifle to Frank So
once again, Ms. Wallace has contradicted her statements. * See Robert
Smith's statement attached.
When the club closed, Wallace left and went to the parking lot. She
testified that Petitioner, Boyd, Clark and another man "had a
confrontation.. (an) exchange of words and someone pushed somebody.. It
just broke up.. Just everybody started scattering a little bit"
Wallace saw Clark 's car come into the parking lot and stop. She stated
that the car did not come close to striking the Petitioner and it did not
back up. While Boyd must have at some point gotten into Clark 's car,
Wallace did not see him do so. Wallace testified that she saw the
Petitioner walk towards the back of Clark 's car. Sheffield got a rifle
from the trunk of a Cadillac and tossed it to Petitioner, who started
shooting into Clark 's car. Petitioner handed the gun back to Sheffield
and left in a Cadillac. Sheffield said, "Who else wants some of this?" and
walked around with the gun.
Wallace left the scene with an individual by the name of Edmond to notify
the family of Boyd and Clark.
At the second trial, petitioner called Robert Mays, Jr. whose testimony
contradicted that of Wallace. May's was a friend of Petitioners who was at
the Wheels of Joy Club on the night of the shootings. (RR:V15pp 5-6) Mays
did not know the victims, but did observe a scuffle outside the club
around closing time. Someone yelled they were going to get their stuff,
(meaning guns) and two or three black males ran across the street and got
into a white car. Mays also testified they were going to shoot him. They
had guns in the car and the white car came across the street into the
parking lot at a high speed and tried to run over Mays and others
including Petitioner who tried to get out of the way. The car hit some
bushes preventing it from striking Mays and the car backed up and tried to
come at Mays again. Mays made a quick getaway and heard shots as he fled
Now let me show you how ineffective my attorneys were in my first two
During the Bill of Exception, trial counsel presented evidence of Boyd's
prior criminal history which consisted of multiple unlawful carrying of
weapon charges along with six aggravated robbery with deadly weapon
charges. (RR:V21:pp-9) Counsel, in his offer of proof of evidence, which
the court denied upon objection by the State, requested that he present
evidence of Boyd's reputation for violence in support of Petitioners claim
of self defense. (RR:V21:pp-5-9)
Because the trial court, after objection from the State's prosecutors,
denied Petitioner the opportunity to present essential evidence to the
jury on his self-defense claim, Petitioner was deprived of due process and
denied a fair and impartial trial under the Fourteenth Amendment to the
Constitution of the United States . In effect the trial court's failure
to allow evidence that the victim was the aggressor denied the right to
due process guaranteed by the Fourteenth Amendment to the U.S.
Constitution because it prevented Petitioners from receiving a fair trial.
See Duncan v. Henry, 513 US364. 366 (1995)
It is axiomatic that the state cannot keep critical testimony from the
witness stand. Washington v. State of Texas . 388 US 14 (1967) In this
case, it is a denial of the due process clause of both the Fifth and
Fourteenth Amendments to preclude character evidence of Boyd.
Applicant was deprived of the right to due process and a fair and
impartial trial under the Fourteenth Amendment to the US Constitution when
the trial court denied applicant the right to offer evidence of Boyd's
reputation for violent acts in support of applicant's claim of
justification in the use of deadly force.
Argument and Authorities
The testimony by Robert Mays, Jr. raised an issue of self defense, and
although the trial court included self defense instructions within the
jury charge (CR:1V.pp-525-30), the trial court denied Petitioner the
opportunity to introduce
Reputation evidence of Boyd's character for violence, (RR:V21.pp5-19). In
fact, the State convinced the trial court that evidence of Boyd's criminal
record was not relevant and was prejudicial to Petitioner's self-defense
As you have read in the above evidence, the D.A.was able to convince the
judge that Mr. Boyd's criminal history and criminal record was not
relevant and was prejudicial to my self defense claims First off it
amazes me as how the State was able to convince the judge that Mr. Boyd's
criminal history of multiple unlawful carrying of weapon charges along
with six aggravated robbery with deadly weapon charges were not relevant
and were prejudicial to my self defense claims.
I will tell you why the D.A.'S office did not want the jury to hear of his
or Mr. Clark's criminal history's because there is no way they would have
found me guilty. But if my attorneys would have been on top of there jobs
and just read the supplementary Police report from the San Antonio Police
Department by Detective T. Matjeka badge # 2353 and Sergeant E. Well of
homicide. And called, Knowles Edward Ray, as a witness on my behalf, this
is what the jury would have heard about 15 year old Patrick Clark. Also
he would have been able to open the door on Samuel Boyd and his criminal
history as they were friends. Here is what Mr. Knowles had to say in his
statement to Detective T. Matjeka:
1.) Knowles, Edward Ray B/M 09/05/75
240 Longview . This person was with Patrick Clark before the shooting and
was at the club with the complainant before the shooting and witnessed a
disturbance between the complainants and the actor. He was not at the
club at the time of the shooting.
At 2330 hrs.. I received a call from Night CID. They informed me that
Eddie Ray had been contacted by Sutton Homes Security and had agreed to
come to the station to give me a statement. I returned to the station and
contacted Eddie Rav..Eddie Rav's real name is Eddie Ray Knowles and he
agreed to give me a statement about what he knew about the complainant's
murder. He told me on the night of the murder he had been in the Sutton
Hones with Patrick Clark, Shane Clark, Tridell Robinson, Eddie Cruz and a
girl named Mary. He stated he left with Eddie Cruz and went to Randy
Davis' house. A short time later Clark came over claiming the police had
beat him up and he asked Knowles for a gun. Knowles refused and Clark
left with a girl named Marian, going back to Sutton Hones Knowles returned
to Sutton Hones and again spoke with Clark . It was Clark 's idea to go
to the Wheels of Joy Club.
Knowles stated they went to the club and while they were there he saw
Frank Mackey (Also know as Frank Moore) talking to some girls. Knowles
knows Mackey and claimed they talked about the old times and he shook
hands ith him. He said Mackey also shook hands with Clark and Ernest
Bedford, who was also at the club. Knowles said that Clark was getting
gin from some guy in the club and he saw Clark inside talking to Boyd.
He said that Clark started talking crazy and getting aggressive, but they
calmed him down. Clark became aggressive again and Knowles said he
decided to leave and get something to eat. He stated that he and Tridell
Robinson and Chuck Rhodes left and went to Taco Cabana on Walzem. After
eating Rhodes asked Knowles to go back by the club because he was worried.
As they arrived they saw the shooting had occurred. Knowles said that
Tridell Robinson spoke to two guys in a car and one of the guys told him
that Frank Mackey had shot the complainants. I asked for the name of the
man who told this to Robinson and he told me it was Edmond Davis who said
At neither trial were Mr. Knowles called, so the jury's were never able to
hear of Mr. Clark's actions leading up to me killing him that night or his
actions before coming to the club that night. And how he was acting at
the club and the way he was being aggressive with me at the club before
the shooting took place.
Now let's get to Ms. Angela Wallace, the State's star witness who
testified at both of my trials for the State. She stated that she did not
see Mr. Clark or Mr. Boyd drinking at the club that night, but we know
both of them were acutely intoxicated that night at the times of their
deaths. From reading the deputy medical examiners testimony at my trial,
and from reading (page one) of this story, also that Mr. Clark was getting
(gin) from some guy in the club that is from Mr. Knowles statement. So
she lied about them being drunk. She also lied under oath at both trials
not only about them drinking and acting crazy at the club that night. She
also lied to the court and jury about Ivory Sheffield, giving me the
riffle that night. Because on page 12 of 26 in the supplementary police
report Ms.Wallace states to Det. T. Matjeka Badge # 2353 and homicide Sgt
Ewell as reads in her interview below.
San Antonio Supplementary Report
Police Department SAPD forn 3=L rev. (9-90)
Officers Making Report No. 3 Approving Authority Unit Assigned to
Det. T. Matjeka 2353 Sgt. Ewell
Interview with Angela Wallace:
After the shooting the actor handed the gun to the black male who tossed
it him and then fled in a dirty brown Cadillac with a leather top. She
stated that she and Davis left and picked up the complainant's relatives
and brought them back to the scene. I showed Wallace the photo line up
containing the actor's picture and asked her if she recognized anybody.
She pointed to the actor's picture and told me that was Frank, the ma who
had shot the complainants. I showed Wallace the photo line up containing
the picture of Ivory Sheffield and asked her if she recognized any of the
men. Wallace was unable to identify anyone in the line up. Wallace
signed, dated, and placed the time on the back of the actor's picture at
Police Department Page 12 of
Now that you have read her testimony from page one and now her statement
to Det. T. Matjeka and Sgt. Ewell, along with Mr. Knowles, and also Robert
Mays testimony at my trial which contradicts what she said that happened
And let me ask you this, she states she new no one at the club that night,
that she was in San Antonio to attend the funeral of her uncle. But in
her testimony she testified that she and a friend named Lisa went to the
ice house across from the Wheel of Joy Club. Now follow me on this, Mr.
Boyd was Lisa's boyfriend so who's side to you think she is going to take
in this situation? She also testified that Ivory Sheffield threw the
riffle to me, but once again we know she is lying because Robert Perry
Smith also gave a statement to Det. T. Matjeka and Sgt. Ewell in the
supplementary Police report that he handed me the gun.
7. Smith, Robert Perry: B/M 06/20/77
8726 Five Palms this witness admitted to handling the rifle to the actor,
at the actor's request, before the shooting. He denied seeing the
shooting but heard the shots. He positively identified the actor in a
photo line up. (Statements taken)
After reading pages one threw three, I would like to state again that the
12 people on my jury never heard any of this information or any of these
statements that was made to the police, which would have contradicted
everything Ms. Wallace got up on the stand and under oath to tell the
truth and nothing but the truth.
But what did she do? She lied and now I sit on death row because my
lawyers didn't do their job. Where is the justice in that? And also
think about this, Ms. Wallace has been able to get up in front of a jury
and tell these same lies not once , but twice. After a lot of research
and had work by people who support me in this fight for my life and
justice, I was able to find these statements that would have helped me win
this case if my lawyers had done their job, but they didn't do a pre-trial
investigation into these men or other potential witnesses, need I say
more? No, but I will leave you with these last words, "How can a lawyer
whose job it is to defend you life and freedom and bring you justice in a
court of law, not know of these police reports"? Were they withheld by the
state? I don't know because it was eight years after my first trial that I
learned these statements were made because I would have made sure these
people were called to my trial.
At the moment, three new witnesses have come forward and once again
contradicted Ms. Wallace's testimony. You will be able to read each sworn
statement as they were given they will be attached to my story for your
Let me tell you a little about myself, by no stretch of the imagination am
I a choirboy of a human being. This is what the state used to convict me.
Yes I was a drug dealer and a gang member also when I was younger, but
none of this had any thing to do with me killing those two young men, it
was a case of do or die that night. The state made sure that the jury new
I was a drug dealer and gang member and of my past criminal history, but
at the same time as you have read, they made sure the jury didn't hear of
their criminal history.
With the three new witnesses coming forward and giving sworn statements to
what happened that night. David K. Sergi & Associates, along with David
Dow of Texas Innocence Network have filed a subsequent Application for
Writ of Habeas Corpus and requested for Stay of Execution. On my behalf
as of the 18th November, 2008 at this time the Court of Criminal Appeals
of Texas has not ruled on it.
Before I end this I would like to thank Mr. Flowers and Mr. Neal, along
with Ms. Sullivan for coming forward and telling what they saw that night.
And I would also like to give thanks to god for answering my prayers in
giving these people the strength to do what they felt was right after
reading about my pending execution.
I also would like to say God bless you to all the special people who have
supported me in my struggle for my life and freedom over the years
starting with know my wife , Danielle Moore , for your love and support
as I sit here in this cage 22 hours a day . To Ann for the love and
support she gives. To Roxanne and family. To my uncle Mox, for keeping it
real at all times. Also, to Lillian and Ruby along with the cat family,
My sister Alison ad her family, love you To my brothers and sisters and
kids who have kept it real with me, I love you, you know who you are. And
finally all the supporters I didn't mention.
Frank Cash Moore .
p.s. Anyone interested in joining my struggle and fight for my life please
contact me at:
Frank Moore #999210
3872 FM 350South,
Livingston , Texas 77351 ,
Or e-mail me at email@example.com
A Summary of the Facts of my case
Statement of Facts
Eine Zusammenfassung der Fakten meines Falles
Erklrung der Tatsachen
In Self Defense:
A Summary of the Facts of my case
By Frank Moore
My name is Frank Moore and I have been on Texas' death row since November
20, 1996. I still sit here on death row after two trials (in large part)
because of the ineffective assistance of counsel. In my first trial which
took place in 1994, my life was in the ineffective hands of court
appointed attorneys. My investigator had a heart attack and did no work on
my case. Again in 1998 my court appointed attorneys were grossly
ineffective; they did nothing to help ftee me or to save me ftom a capital
I am now about to enter the Federal Court stage of my appeal. I am
greatly concerned that pertinent facts that here to fore have not been
made evident might again escape the review of the judges, this time at the
federal level. Because of the nature of my representation, far away in a
distant city, I have not been able to speak to my court appointed attomeys
in months. In this critical fight for my existence, I need to be able to
communicate with my counsel. My only hope now is to attempt at this late
hour to raise some money for a proper legal defense to save my life.
The following are the facts and evidence of my case:
On the night of January 21, 1994 my brother, my cousin and I were leaving
the Wheels of Joy club around 2:00 AM when three angry men confronted us.
I was 34 years old then. These three men were angry because my brother saw
two of them terrorizing a young woman in the parking lot of the club
earlier that night. One of the men hit the young woman; the other put out
a lit cigarette on her face causing her to scream out in pain. Their
reputation for intimidating people was well known in the community and
they were not used to anyone having the courage to speak up against them.
The confrontation with them in light of my brother speaking up against
what he observed them doing to the young woman, was apparently
unavoidable. They were not in a state of mind (The record would later show
them to be high on both alcohol and on methamphetamines) to listen to
reason so a fight broke out between the three of them and the three of us
there in the parking lot of the club.
Two of the men, Patrick Clark and Samuel Boyd ran away from the fight
and jumped into a white car. They started the car up and tried to run over
the three of us-my cousin, my brother, and me. We were narrowly missed as
we hurriedly jumped out of the way. The two of them were determined to hit
us with the car. They tried a second time to run over us with the car.
I acted in self-defence on the night of January 21, 1994 . On that fateful
night of January 21, 1994 , I was in a fight for my life just as I am now
in 2004 as I sit here in a cell on Texas ' death row. Now, the only way
that I can defend myself is to raise funds with the intent to hire an
effective defence attorney along with the investigators and experts to
fight the state of Texas for my life. It is my deeply held belief; based
on the facts of the case, that if my counsel had been effective and
competent at either my first or second trial I would not be here now.
On June 10,h 1998
The Texas Court of Criminal Appeals tossed out my murder conviction on the
grounds of self-defence. The appeals court ordered a new trial for me. If
anyone wishes to read the appeals court full ruling you can find it at the
TDCJ Web site, www.tdcj.com look for Frank Moore Appellant v. No. 72,543
The State of Texas. It is public record.
In the very near future I hope to have a Web site containing a full
profile of my case. In the interim, anyone who would like more information
on my case can write to me and I will send you copies of legal statements
of facts. My address is as follows:
Frank Moore 999210
Polunsky Unit D. R. 3872
FM 350 South
Livingston , Texas 77351
Statement of Facts
Statement of facts from my second trial when again, I was convicted by a
ofcapital murder and sentenced to death on July 13, 1999.
Once again the conviction was the result ineffectiveness of assistance of
Specific Acts of Deficient Conduct By Trial Counsel
The evidence is factually insufficient such tbat the verdict rendered is
so lltrary to the overwhelming weight of the evidence as to be clearly
wrong and unjust, in violation of Albert C. Lewis v. Stare ofTexas. No.
TC-96-05-7 Tex. Crim. App.
1. Appellant did not provoke this incident with the two complainants who
2. One of the complainants who was driving the white vehicle tried
twice to run over or crush the appellant, bis brother, and his cousin.
3. Trial counsel failed to conduct apre-trial investigation into potential
witnesses including witnesses Josie Wilford and Darlene Hopkins who were
with Applicant just prior 10 the shooting.
4. 4. Trial Counsel failed to conduct a pre-trial investigation into the
potential witness, Edmond Davis, who was a witness to the events leading
up to the shooting. This witness could have provided testimony on the
issue of self-defense. This witness could also have provided testimony on
the issue of whether either Clark or Boyd were armed at the time of the
incident; he could have provided testimony on the issue of their guns
being removed by family members prior to the arrival police at the crime
5. Trial counsel failed to conduct apre-trial investigation 10 determine
whether Perry Smith' s fingerprints were found on the murder weapon.
6. Trial counsel failed to introduce the testimony of Tyrone Parks, either
directly or by prior testimony as an unavailable witness for the purpose
of the issue of self-defense.
I could go on a1l day commenting on the ineffectiveness of my trial
counsel, but I won' t because time is ticking on my life. My need to raise
funds in order to be ahle to hire an investigator and effective assistance
of counsel grows more critical each day. Please contact me if you wish to
help me in this fight for my life. Any donation from the smallest to the
most generous will help in the effort to save my life. Thank yon for your
contribution and thank you for your support.
Frank Moore # 999210
Polunsky Unit D. R. 3872 FM 350 South
Livingston, Texas 77351 U.8.A.