Free Charles D. Raby
Sentenced to death in 1994 for a murder he did not commit, Charles Raby, a member of the Choctaw Nation, remains on Texas death row.
DNA Excludes Charles. Post-conviction DNA testing on blood from under the victim's fingernails did not match Charles's DNA.
No Physical Evidence. Nothing at the crime scene was connected to Charles. Charles had no scratches/cuts on him nor was blood found on his clothes.
False Confession. Prosecutors relied on a written confession signed only after detectives made it clear they could have Charles's fiancee charged and her new born child placed in foster care.
News
Murderville, Texas
Great news! Charles's case is featured on the podcast "Murderville" season 2 from The Intercept. Reporters Liliana Segura and Jordan Smith previously investigated another murder case on season 1.
Key Points
False Confession
The confession that Charles signed shows typical signs of being false, including lack of details, contradiction of known facts, and the absence of motive. In addition, Charles was heavily intoxicated on the night of the murder, making it easier for detectives to suggest he simply could not remember committing the crime.
No Physical Evidence
No evidence connected Charles to the crime scene: no fingerprints, footprints, hairs, fibers, blood, DNA or anything else. In fact, blood typing and DNA evidence excluded Charles and implicated an unknown male.
DNA Excludes Charles
The blood under Mrs. Franklin's (the victim's) fingernails was not tested for DNA until Charles's new lawyers requested it years after his conviction. DNA testing showed the blood was from at least one unknown male. It did not match Charles's DNA.
Evidence withheld
DNA testing was not done before trial, however blood typing was. Although the blood typing results excluded Charles as the source, the results were not given to Charles's defense, and were never heard by the jury.
False Testimony
At trial, the lab technician who conducted the blood typing lied about the results by testifying that they were inconclusive when they were not. The results actually showed that Charles was not the source of the blood under the victim's fingernails.
Evidence Not Collected
Three pieces of evidence (a towel, a sock, a bandanna) observed to have blood on them were not collected by detectives. These important pieces of evidence might have contained blood or other traces of the perpetrator, but they cannot be tested since they were never collected.
Missing Evidence
The victim's blouse and the clothing that Charles wore on the night of the murder were entered into evidence but are now missing. A video of the scene, filmed the night of the crime, is also missing. Here is a 2004 AP news article about missing evidence from the Houston Crime Lab.
Improper Interrogation Tactics
Charles maintains detectives recognized his concern for his fiancee and her child, and used that as leverage to get him to sign a confession. The interrogation was not taped or recorded, making it impossible to prove what occurred. In a separate murder case, the same detective that interrogated Charles violated the law in order to get a confession.
Other Suspects
Mrs. Franklin’s grandson gave the police the name of a man who had just finished painting her house. This man had stolen a shotgun and paycheck from them and was a drug addict. Police were also given the names of 6 other males who had recently been in the house. Of all these other possible suspects, only one was interviewed, likely because he arrived at the murder scene.
Easy Target
Charles was an easy target for police because he had a history of getting in fights and had a prior robbery conviction for which he was on parole. His past was used against him to suggest he was capable of murder, despite the lack of any evidence linking him to the crime.
A Murderer Still at Large
In 1992 Edna M. Franklin was stabbed to death in her house. The evidence shows that Charles Raby did not commit this crime. That means that the person or persons who perpetrated this horrific act have not been brought to justice.
Help Charles
Charles has been on death row for 28 years. Our justice system has failed him on multiple occasions. He is asking the public for help. Go to the 'support' page to find out how you can help.