Frances
is most likely innocent of murdering her husband and two small children. Her
attorneys need time to fully investigate the crime.
Frances’
court appointed trial attorney, Ron Mock, did nothing to prepare for her trial.
He interviewed no one and investigated nothing. He is the attorney that sent
Shaka Sankofa, a.k.a. Gary Graham, to death row & he has been sanctioned
by the State Bar of Texas at least 3 times and is no longer allowed to try
death penalty cases.
Frances
was shocked and horrified when she found the bodies of her children and husband
after leaving the children with their father for a few hours, according to
her cousin, who was with Frances when they discovered the bodies, as well
as the police at the scene.
Frances
told the police about a drug dealer named Charlie that her husband owed money
to. No one ever investigated him.
Frances’
conviction rested in large part on the results of ballistics testing conducted
by the now-discredited Houston Police Department's crime lab, which said that
it was her gun that was used to murder the family.
Frances
now has competent attorneys working on her case, including David Dow with
the Innocence Network at the UH Law School and John LaGrappe. They have filed
a petition with the Board of Pardons and Paroles asking for a 120-day stay
which argues that the testimony of the state's trial witnesses, taken together,
suggests that either Frances Newton was not in the apartment at the time of
the shooting, or that if she was she would have had, at most, 20 minutes to
shoot her husband and children, clean herself up, compose herself, and leave
the apartment to go to her cousin's home. There was no blood found on Frances
Newton's clothing, hands, or car, despite the fact that the victims had been
shot at close range. No gunpowder residue was found on her hands or sweater.
There was also no evidence that someone had undertaken a cleanup at the apartment.