<CleveLois>
04-10-2002, 08:59 PM
Lois Charles-Hill
2130 Highway 3185
Thibodaux, LA 70301
985**46**100
March 29, 2002
RE: Marlo Charles
To Whom It May Concern:
First and foremost, Mr. Robert Jenkins provided exceptional legal service on behalf of our brother, Mr. Marlo Charles. It is extremely unfortunate that, even with the presentation of “reasonable doubt”, the jury felt compelled to return a guilty verdict. However, my family and I are remaining prayerful that the truth about what occurred will finally become known. We are continuing to fight for our brother’s freedom and, though we are unable to compensate anyone financially, hope that someone shall continue to fight with us.
Second, there is information gathered that I do not believe was presented that may or may not be pertinent to Marlo’s appeal. However, I wanted to present you with this information, and allow you to make a decision regarding its relevancy. I also would like to provide you with other information and scenarios that, with further investigation, may or may not prove beneficial to strengthening Marlo’s appeal. I am, at best, attempting to assist with our brother’s case because I am devastated that our family is unable to monetarily compensate anyone at this time for services rendered.
We can provide copies of Ms. Patricia Wilson’s— ;Marlo’s former girlfriend and the Virginia woman who accused him of rape—arrest records. If you are interested in getting a statement from her, the addresses listed in the reports may provide you with contact information. In addition, this may give a clearer picture of Ms. Wilson’s persona.
Below, I am listing a few scenarios and posing a few questions that constantly baffle my family and me. By presenting these scenarios and posing these questions, I am hoping to determine exactly what occurred that early March 11, 1981 morning:
1. The morning the alleged rape took place; Marlo Charles parted ways with his brother, Clyde, to go to work. At the time, he was employed by Southern Pacific Railroad (no longer in operation). According to Marlo, he hitched a ride with a Louisiana State Trooper. Is it possible to find an individual who can attest to Marlo’s appearance that morning at work? Is it possible to locate a timecard accurately depicting Marlo’s time of arrival at work (to determine at what time he would have been in what locations in order to make it to work at the time recorded)? Is it possible to locate the State Policeman, if not deceased, who offered Marlo a ride that morning? Marlo wore the same clothes to work the next morning March 12,1981, his clothes indeed should have been full of blood, grass, and shells. The victim stated she scathes her attacker. I am sure his co-worker and supervisor would have detected this man appearance to be a little out of order.
2. If the alleged victim, Ms. Marsha Domangue, Rome, Falgout was dragged “the length of a football field” through the mud, “assaultedR 21; with some sort of weapon, and received blows to the head from this weapon, is it possible to obtain records of the medical examination that states she suffered trauma to the head. Would her medical examination state that her skin was red, raw, or missing because of the dragging? Is it possible to obtain a medical examination that states whether Ms. Falgout was under the influence of drugs (especially hallucinogens) or alcohol that night? Finally, was the clothing entered into evidence bloody (since Ms. Falgout allegedly scratched her attacker numerous times), muddy, or soiled in any manner? Marsha, medical doctor clearly stated that “the bruises she sustain was not conduces to that of a rape victim.” He could not say that Marsha had indeed been sexually assaulted.
3. It is believed that Ms. Falgout now has a daughter that works for the Terrebonne Parish District Attorney’s Office. If so, is it possible to determine this young lady’s name, age, and father? In attempting to investigate the name and age of this daughter, I came across a young lady that is 21 years of age and whose date of birth is in December. According to my calculations, a young lady that is currently 21 years of age and whose birth month is December was conceived in March 1981. Now, had the young lady been conceived prior to the rape (which supposedly occurred relatively early in the month), a medical examiner may have documented that the victim was pregnant at the time of the rape. Had the young lady been conceived because of the rape, she would be biracial, if the attacker was indeed a black man. In addition, most rape survivors are too traumatized to engage in sex days after the rape has occurred. Since it has already been determined that Ms. Falgout had an ongoing relationship with both her husband and her boyfriend, and that a potential juror stated that Ms. Falgout had dated his brother, perhaps the daughter’s name, age, and lineage might provide a clue as to why Ms. Falgout might have concocted a story about rape (especially since she was “discovered 221; by her cousin).
4. Mr. Mark Rhodes (the DA) and Ms. Marsha (Domangue) Falgout are both 1972 graduates of South Terrebonne High School. It is believed that the two may have attended Oaklawn Junior High School with Marlo Charles, and that the two may have been romantically involved in high school. If the pair was romantically involved, would that be motive for Mr. Rhodes’ vehement prosecution against Marlo Charles and should Mr. Rhodes have recused himself from the case? Also, if Ms. Falgout attended junior high school with Marlo, is it possible that she would have been better able to identify him as her attacker (since the area in which the rape allegedly took place was so well lit). Not to mention, Marlo had, by all accounts, spent the evening tearing down a house destroyed by fire and spent the night drinking in a bar with his brother. Besides the fact that Marlo has stunning green eyes—that went completely unnoticed—why didn’t Ms. Falgout detect the aroma of ash, smoke, or alcohol on Marlo (if he were her attacker)?
5. Ms. Falgout still insists that her attacker sounded and looked like Clyde. Well, obviously, Clyde and Marlo do not look alike, but can their speech be analyzed to prove that the two have very different speech patterns and impediments—Cl yde stutters; Marlo has a lisp.
6. There are so many inconsistencies in the trials. In the first trial, the location was very dark; in the second, it was well lit. In the first trial, Ms. Falgout identified Clyde as her attacker, and even went so far as to say that “Clyde” told her his name and his address; in the second, she could not name her attacker but insisted that he looked and sounded like Clyde. In the first trial, it was never stated that Ms. Falgout was dragged “the length of a football field” in the mud. In the second, she was supposedly dragged. In neither trials was a weapon produced. Marlo testified on Clyde’s behalf, in the first trial; is it possible that Ms. Falgout, though she was not present in the courtroom at all times, never saw Marlo at the Courthouse? As we both know, the State’s witness, Mr. Harold Domangue, alter the time of the incident in the second trial to validate his testimony. I do not know what the medical examiner said in the first trial, but in the second trial, he clearly stated that he could not conclusively determine that Ms. Falgout was even raped. With so many inconsistencies, why can’t witnesses be charged with perjury or obstruction of justice?
7. I know that there is no DNA remaining from the rape kit and, as a result, no testing can be done to compare Marlo’s DNA to that taken from the victim; however, is it possible for a new DNA test to be conducted and compared to the current profile? As a family that has been undermined by the criminal justice system, it is nearly impossible for us to trust that investigators accurately, thoroughly, and impartially ran a DNA profile to determine that “the test results say there’s a 1 in 71,400 chance that Marlo Charles committed the rape” (The Courier, August 21, 2001). Gina Pineda was the state’s DNA expert. She was merely reporting on information that she received and was asked to decipher. Nevertheless, as the state’s witness, she was assuredly going to construe the evidence in the state’s favor. How is our family to believe that Houma policemen actually went to Virginia and ran the DNA evidence through a database, resulting in a profile that statistically put Marlo at a 1 in 71,400 chance of being the perpetrator? According to the Courier, Gina Pineda “told the panel [that] Marlo Charles could have produced the SPAMSPAMSPAMSPAMSPAM and that only one in 71,400 black people (does DNA gives a person race) could possibly have the same exact profile” (March 2, 2002). Yet, the day prior, the Courier reported that “Pineda explained that the New Orleans lab that did the work also provided a statistical analysis that shows only one in 714,400 black people, one in 459,000 Caucasians and one in every 375,000 Hispanics could have the exact same profile” (March 1, 2002). Now while others may argue that it was merely a typographical error, how are we, as disheartened family members, supposed to take it as merely a typo. Not only are these very different figures, they are presented in two very different manners; so, depending on the real figure, and the manner in which it is presented, Ms. Falgout could very well have had sex with a Caucasian or Hispanic. Many black men have been railroaded by the criminal justice system before.
8. Finally, from my understanding, depending on the wording used to run the profile, Marlo’s name could have come up, regardless, if investigators really wanted it to. Our family simply does not believe an impartial test was conducted to obtain the results that “supposedly 221; pointed the finger at Marlo. It seems more feasible that, once Clyde was exonerated, the state went after Marlo simply because, years back, it was stated during the trial that there was a possible case of mistaken identity. Then, the State misrepresented DNA evidence in order to indict Marlo. My family is willing to finance a DNA test so that it may be compared with the DNA information that exonerated Clyde. We desperately want to see the results for ourselves. We also want to know what the outcome would have been had the data been compared to other states’ databases. Would a “suspect” ; have been located in another state? If so, scientifically speaking, Marlo Charles, though not excluded, could not conclusively be named the perpetrator of this crime.
We are, in no manner, attempting to undermine any professional expertise. However, on behalf of my family, wanted to present the above scenarios and questions in an attempt to free our brother. My family is not perfect. We all have our faults and flaws. Despite my brother Marlo’s past, I simply do not believe that he committed this crime. I feel, in my gut, that if he had committed a heinous crime like this, he would not be so adamant about his innocence. Had he committed this crime, I do not believe he would have simply let his brother spend 18 long years in the penal system. Marlo has four sisters and our oldest sister was shot and raped, while Clyde was locked up at Angola. Our grandmother was raped and bore a child from this ordeal. I know that we owe you a great deal, not just monetarily to anyone who will listen and try to help our family. However, for now, thank you for your time, assistance, and cooperation. We are greatly appreciative and truly indebted to anyone who will hear our cry for help.
Sincerely,
Lois Charles-Hill
Clyde Served 18 years for this same crime at the Louisiana State Prison in Angola.
2130 Highway 3185
Thibodaux, LA 70301
985**46**100
March 29, 2002
RE: Marlo Charles
To Whom It May Concern:
First and foremost, Mr. Robert Jenkins provided exceptional legal service on behalf of our brother, Mr. Marlo Charles. It is extremely unfortunate that, even with the presentation of “reasonable doubt”, the jury felt compelled to return a guilty verdict. However, my family and I are remaining prayerful that the truth about what occurred will finally become known. We are continuing to fight for our brother’s freedom and, though we are unable to compensate anyone financially, hope that someone shall continue to fight with us.
Second, there is information gathered that I do not believe was presented that may or may not be pertinent to Marlo’s appeal. However, I wanted to present you with this information, and allow you to make a decision regarding its relevancy. I also would like to provide you with other information and scenarios that, with further investigation, may or may not prove beneficial to strengthening Marlo’s appeal. I am, at best, attempting to assist with our brother’s case because I am devastated that our family is unable to monetarily compensate anyone at this time for services rendered.
We can provide copies of Ms. Patricia Wilson’s— ;Marlo’s former girlfriend and the Virginia woman who accused him of rape—arrest records. If you are interested in getting a statement from her, the addresses listed in the reports may provide you with contact information. In addition, this may give a clearer picture of Ms. Wilson’s persona.
Below, I am listing a few scenarios and posing a few questions that constantly baffle my family and me. By presenting these scenarios and posing these questions, I am hoping to determine exactly what occurred that early March 11, 1981 morning:
1. The morning the alleged rape took place; Marlo Charles parted ways with his brother, Clyde, to go to work. At the time, he was employed by Southern Pacific Railroad (no longer in operation). According to Marlo, he hitched a ride with a Louisiana State Trooper. Is it possible to find an individual who can attest to Marlo’s appearance that morning at work? Is it possible to locate a timecard accurately depicting Marlo’s time of arrival at work (to determine at what time he would have been in what locations in order to make it to work at the time recorded)? Is it possible to locate the State Policeman, if not deceased, who offered Marlo a ride that morning? Marlo wore the same clothes to work the next morning March 12,1981, his clothes indeed should have been full of blood, grass, and shells. The victim stated she scathes her attacker. I am sure his co-worker and supervisor would have detected this man appearance to be a little out of order.
2. If the alleged victim, Ms. Marsha Domangue, Rome, Falgout was dragged “the length of a football field” through the mud, “assaultedR 21; with some sort of weapon, and received blows to the head from this weapon, is it possible to obtain records of the medical examination that states she suffered trauma to the head. Would her medical examination state that her skin was red, raw, or missing because of the dragging? Is it possible to obtain a medical examination that states whether Ms. Falgout was under the influence of drugs (especially hallucinogens) or alcohol that night? Finally, was the clothing entered into evidence bloody (since Ms. Falgout allegedly scratched her attacker numerous times), muddy, or soiled in any manner? Marsha, medical doctor clearly stated that “the bruises she sustain was not conduces to that of a rape victim.” He could not say that Marsha had indeed been sexually assaulted.
3. It is believed that Ms. Falgout now has a daughter that works for the Terrebonne Parish District Attorney’s Office. If so, is it possible to determine this young lady’s name, age, and father? In attempting to investigate the name and age of this daughter, I came across a young lady that is 21 years of age and whose date of birth is in December. According to my calculations, a young lady that is currently 21 years of age and whose birth month is December was conceived in March 1981. Now, had the young lady been conceived prior to the rape (which supposedly occurred relatively early in the month), a medical examiner may have documented that the victim was pregnant at the time of the rape. Had the young lady been conceived because of the rape, she would be biracial, if the attacker was indeed a black man. In addition, most rape survivors are too traumatized to engage in sex days after the rape has occurred. Since it has already been determined that Ms. Falgout had an ongoing relationship with both her husband and her boyfriend, and that a potential juror stated that Ms. Falgout had dated his brother, perhaps the daughter’s name, age, and lineage might provide a clue as to why Ms. Falgout might have concocted a story about rape (especially since she was “discovered 221; by her cousin).
4. Mr. Mark Rhodes (the DA) and Ms. Marsha (Domangue) Falgout are both 1972 graduates of South Terrebonne High School. It is believed that the two may have attended Oaklawn Junior High School with Marlo Charles, and that the two may have been romantically involved in high school. If the pair was romantically involved, would that be motive for Mr. Rhodes’ vehement prosecution against Marlo Charles and should Mr. Rhodes have recused himself from the case? Also, if Ms. Falgout attended junior high school with Marlo, is it possible that she would have been better able to identify him as her attacker (since the area in which the rape allegedly took place was so well lit). Not to mention, Marlo had, by all accounts, spent the evening tearing down a house destroyed by fire and spent the night drinking in a bar with his brother. Besides the fact that Marlo has stunning green eyes—that went completely unnoticed—why didn’t Ms. Falgout detect the aroma of ash, smoke, or alcohol on Marlo (if he were her attacker)?
5. Ms. Falgout still insists that her attacker sounded and looked like Clyde. Well, obviously, Clyde and Marlo do not look alike, but can their speech be analyzed to prove that the two have very different speech patterns and impediments—Cl yde stutters; Marlo has a lisp.
6. There are so many inconsistencies in the trials. In the first trial, the location was very dark; in the second, it was well lit. In the first trial, Ms. Falgout identified Clyde as her attacker, and even went so far as to say that “Clyde” told her his name and his address; in the second, she could not name her attacker but insisted that he looked and sounded like Clyde. In the first trial, it was never stated that Ms. Falgout was dragged “the length of a football field” in the mud. In the second, she was supposedly dragged. In neither trials was a weapon produced. Marlo testified on Clyde’s behalf, in the first trial; is it possible that Ms. Falgout, though she was not present in the courtroom at all times, never saw Marlo at the Courthouse? As we both know, the State’s witness, Mr. Harold Domangue, alter the time of the incident in the second trial to validate his testimony. I do not know what the medical examiner said in the first trial, but in the second trial, he clearly stated that he could not conclusively determine that Ms. Falgout was even raped. With so many inconsistencies, why can’t witnesses be charged with perjury or obstruction of justice?
7. I know that there is no DNA remaining from the rape kit and, as a result, no testing can be done to compare Marlo’s DNA to that taken from the victim; however, is it possible for a new DNA test to be conducted and compared to the current profile? As a family that has been undermined by the criminal justice system, it is nearly impossible for us to trust that investigators accurately, thoroughly, and impartially ran a DNA profile to determine that “the test results say there’s a 1 in 71,400 chance that Marlo Charles committed the rape” (The Courier, August 21, 2001). Gina Pineda was the state’s DNA expert. She was merely reporting on information that she received and was asked to decipher. Nevertheless, as the state’s witness, she was assuredly going to construe the evidence in the state’s favor. How is our family to believe that Houma policemen actually went to Virginia and ran the DNA evidence through a database, resulting in a profile that statistically put Marlo at a 1 in 71,400 chance of being the perpetrator? According to the Courier, Gina Pineda “told the panel [that] Marlo Charles could have produced the SPAMSPAMSPAMSPAMSPAM and that only one in 71,400 black people (does DNA gives a person race) could possibly have the same exact profile” (March 2, 2002). Yet, the day prior, the Courier reported that “Pineda explained that the New Orleans lab that did the work also provided a statistical analysis that shows only one in 714,400 black people, one in 459,000 Caucasians and one in every 375,000 Hispanics could have the exact same profile” (March 1, 2002). Now while others may argue that it was merely a typographical error, how are we, as disheartened family members, supposed to take it as merely a typo. Not only are these very different figures, they are presented in two very different manners; so, depending on the real figure, and the manner in which it is presented, Ms. Falgout could very well have had sex with a Caucasian or Hispanic. Many black men have been railroaded by the criminal justice system before.
8. Finally, from my understanding, depending on the wording used to run the profile, Marlo’s name could have come up, regardless, if investigators really wanted it to. Our family simply does not believe an impartial test was conducted to obtain the results that “supposedly 221; pointed the finger at Marlo. It seems more feasible that, once Clyde was exonerated, the state went after Marlo simply because, years back, it was stated during the trial that there was a possible case of mistaken identity. Then, the State misrepresented DNA evidence in order to indict Marlo. My family is willing to finance a DNA test so that it may be compared with the DNA information that exonerated Clyde. We desperately want to see the results for ourselves. We also want to know what the outcome would have been had the data been compared to other states’ databases. Would a “suspect” ; have been located in another state? If so, scientifically speaking, Marlo Charles, though not excluded, could not conclusively be named the perpetrator of this crime.
We are, in no manner, attempting to undermine any professional expertise. However, on behalf of my family, wanted to present the above scenarios and questions in an attempt to free our brother. My family is not perfect. We all have our faults and flaws. Despite my brother Marlo’s past, I simply do not believe that he committed this crime. I feel, in my gut, that if he had committed a heinous crime like this, he would not be so adamant about his innocence. Had he committed this crime, I do not believe he would have simply let his brother spend 18 long years in the penal system. Marlo has four sisters and our oldest sister was shot and raped, while Clyde was locked up at Angola. Our grandmother was raped and bore a child from this ordeal. I know that we owe you a great deal, not just monetarily to anyone who will listen and try to help our family. However, for now, thank you for your time, assistance, and cooperation. We are greatly appreciative and truly indebted to anyone who will hear our cry for help.
Sincerely,
Lois Charles-Hill
Clyde Served 18 years for this same crime at the Louisiana State Prison in Angola.