To Free the Truth

A torn up disciplinary report with my name on it was found by Nagle’s body. This, undoubtedly, made investigators focus on me. The thing is, the only evidence found on that disciplinary report was an unknown palm print belonging to neither me nor Nagle. Keep in mind, the building sergeant reviews all disciplinary reports, speaks with the rule violator, then decides whether or not to sign off on it before processing. Sergeants Ortiz and Martinez were at 3 building desk with Nagle after my confrontation with him several hours before he was killed.

During cross examinations of Sgt. Ortiz and other officers, items at the crime scene which were inside a multipurpose room by 3 building desk, were logged in as being found in different locations from where the free world CSI’s found them. The guards who first found Nagle were ordered to secure the area, per protocol, for the CSI’s–not to touch anything. Based on this testimony, the crime scene had been tampered with…

The state’s case against me consists of inmates only. Only 1 inmate, Allen Thompson, signed a statement the day of the murder. Everyone else interviewed that day said they didn’t see anything. Thompson, who worked for Sgt. Martinez as an informant, claimed to witness me attacking Nagle. He then took off running to the first guard he could find. Problem is, he had to wait for Officer L. Gleiu at the 3/4 gate to open the gate before he could get to Officer Dancer, which was the first person he alerted. He told her he needed to speak with Sgt. Martinez. Officer Gleiu testified that she has no memory of seeing Thompson that day. Allen Thompson was the state’s star witness.

Once the word got out that I was the prime suspect, scores of inmates wrote investigators claiming to have witnessed the murder of Nagle. But, some of these inmates couldn’t have possibly witnessed it–prosecutors acknowledged at trial–because they were on the opposite side of the unit or not even on McConnell that day.

Every inmate who testified against me received a reward–early parole, pending criminal charges dismissed i.e. Anthony Casey had a possession of marijuana and an assault on a TDCJ officer charge dropped, and favorable treatment. Not one inmate testified for free or out of the goodness of their heart. The jury heard what each inmate’s reward was.

Also, most of those inmates changed their stories. In statements, they said one thing, but stated something different on the witness stand. Furthermore, their collective stories didn’t add up–everyone seen something different.

The prosecution argued that I cut my thumb while stabbing Nagle to death. The murder weapon was found at the scene of the crime. Pictures of it were taking of the gaping cut on my thumb. Wouldn’t it stand to reason that if I was the culprit, some of my blood or fingerprints would be in or around the crime scene? Wouldn’t some of Nagle’s blood be on me.

The crime scene was tested for physical evidence including DNA evidence. Blood wasfound at the crime scene. It all belonged to Nagle except a spot on the murder weapon that could not be identified. None of my DNA or physical evidence was found in or around the crime scene.

DNA was tested on the blood on my clothes and the torn pockets I used to stop the bleeding on my thumb. It all came back as only my blood. There is absolutely no physical link between me and this crime. It’s all in the trial record.

Defense Attorney Joseph Colina, "People lie. DNA doesn't."

It must be noted that Sgt. Martinez was indicted the same day I was for laundering $60, 000 of drug money for a prison gang. He was apprehended with the money a month after Nagle’s murder along with several other officers. Sgt. Ortiz resigned around the same time. Ortiz wasn’t implicated in anything illegal, but he and Martinez were close friends and it was widely known that both belonged to the same prison gang.

Nagle was the President of the TDCJ Worker’s Union in the Southern Region. He was famous for busting dirty guards. A week before his murder he was leading a march at the state Capital for pay raises for guards. He was then quoted as saying, “A guard will have to die before they do anything about it.” 

*See article in the links section entitled Shades of Gray*