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Thread: John Ray Falk, Jr. - Texas Death Row

  1. #21
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    Judge denies defense request in Falk murder case retrial

    A Brazos County district judge on Tuesday denied a defense request that would have prohibited retrial of capital murder defendant John Ray Falk Jr.

    The four-hour hearing leading to state District Judge John Delaney's ruling revolved around the issue of double jeopardy, the legal doctrine preventing a defendant from being tried twice for the same offense.

    The hearing was the first time prosecutors and defense lawyers involved in Falk's case faced off since District Judge Ken Keeling surprised attorneys the morning of Jan. 28 by declaring a mistrial in what already was a legally convoluted and impassioned case.

    Falk was one of two inmates at the Wynne Unit in Huntsville charged with capital murder for killing prison guard Susan Canfield, 59, as the two men made an escape in September 2007. His co-defendant, Jerry Duane Martin, was sentenced to death in 2009 by a Leon County jury that convicted Martin of driving the getaway vehicle that ran into Canfield while she was on horseback, causing her to fall to her death.

    Martin is awaiting an execution date.

    The trial was moved to Brazos County based on a defense change of venue request, and prosecuted by Walker County District Attorney David Weeks and assistant attorney general Jane Starnes, who have been aided by assistant attorney general Leslie Kuykendall.

    Falk's defense team, local attorneys Michele Esparza, Kyle Hawthorne and Lane Thibodeaux, argued the mistrial in Falk's case was issued without "manifest necessity" and without exploring reasonable possible alternatives as is required by law.

    In his order for mistrial, Keeling, a district judge in Leon, Walker and Madison counties, pointed to a 55-day stay in the trial as manifest necessity, saying he did not believe jurors could remain impartial in the face of such a delay.

    The 55-day delay stemmed from a state appeal regarding jury instructions and capital murder law that could be applied that was reviewed by two Texas appeals courts before the higher court -- the Court of Criminal Appeals -- ruled in favor of prosecutors.

    Lawyers on both sides were ready to deliver closing arguments in the guilt-innocence phase of Falk's trial when Keeling ordered the mistrial in January and recused himself from Falk's case.

    "When you stop a trial after everybody has told their story ... and you stop it without manifest necessity, then jeopardy still attaches," Esparza said.

    Delaney was appointed to take over from Keeling and presided over Tuesday's hearing.

    A majority of the time was taken by Falk's defense lawyers as they walked Delaney through their double jeopardy arguments.

    Two jurors from Falk's original trial testified for the defense and said they believed they could have come to a fair verdict despite the 55-day stall in proceedings, which supported the defense argument that Keeling declared the mistrial without knowing if jurors could proceed impartially.

    Delaney permitted the testimonies for appeals purposes but did not consider the witness statements in making his ruling.

    The judge questioned Falk's lawyers about their lack of objection to Keeling's mistrial, a fact state attorneys were quick to point out in their rebuttal to the defense.

    "At the time the mistrial was levied, the jury couldn't have been saved, the objection would have been fruitless," Thibodeaux said.

    Esparza added that several efforts were made to prevent a mistrial and "save the trial, save the jury," but Keeling ultimately ignored their requests.

    Weeks argued the bottom line was "when it came down to the mistrial, [defense attorneys] were silent."

    Meanwhile, Canfield's husband, Charles Canfield, who sat through Martin's trial and Falk's original trial, will wait on more legal proceedings as he nears the sixth anniversary of his wife's murder.

    "It drags it all up for you every time you go through it," he said. "I just make sure I'm there to represent the person who can't sit in that room."

    He described his wife as someone who was "never cruel, never mean, never foul," to inmates nor otherwise.

    In addition to ruling against the defense's request to bar retrial, Delaney lifted a gag order and a seal of case records that had been ordered by Keeling at the start of Falk's original trial.

    http://www.theeagle.com/news/local/a...tml?mode=story

  2. #22
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    Accomplice of executed man still appealling judge's mistrial declaration

    The day before his co-defendant was executed for the murder of a Texas prison guard in September 2007, accused capital murderer John Ray Falk Jr. sent an appeal to the 10th Court of Appeals in Waco asking that a retrial of his case be barred, based on several grounds, including double jeopardy.

    Falk and Jerry Duane Martin -- who was executed Tuesday evening -- were inmates at the Wynne Unit in Huntsville when they were charged with the capital murder of 59-year-old Susan Canfield, who was killed in the course of Falk and Martin making a brief escape from the prison.

    Canfield died from a head injury she suffered from falling off of her horse after being struck by the getaway truck Martin was driving during the initial part of the men's escape. Martin was sentenced to death by a Leon County jury in 2009, the same sentence Walker County District Attorney David Weeks hopes to secure for Falk.

    Falk's case -- which was moved to Brazos County based on a change of venue request from the defense -- was taken before a jury in November 2012, but was put on hold the morning that closing arguments were scheduled to take place after all the evidence had been presented.

    The pause on proceedings came after the state filed for and was granted a stay to give prosecutors time to file a motion for mandamus relief with the 10th Court of Appeals requesting that District Judge Ken Keeling be ordered to amend the jury's instructions, which prosecutors argued were too limiting and added to their burden of proof.

    After their original request was denied by the lower appellate court, state attorneys looked to the Texas Court of Criminal Appeals, which voted 7-2 to order Keeling to change the instructions.

    Finally, 55 days after the stay was granted, jurors returned to the courtroom anticipating they would be hearing closing arguments.

    But to everyone's surprise -- including attorneys on both sides -- Keeling took the bench with a mistrial order in hand.

    The appeal filed this week by Falk, which was authored by local attorney Lane Thibodeaux, consists of several constitutional arguments supporting the barring of retrial.

    Thibodeaux argued that Keeling declared the mistrial without manifest necessity, or a "'high degree' of necessity," and that Falk never consented to the mistrial prior to Keeling's announcement. Thibodeaux labeled Keeling's declaration a "nuclear option" that the judge made for personal reasons.

    For those reasons and others, Thibodeaux insisted in the appeal, jeopardy was still attached to the original jury, meaning that impaneling a new jury would be a violation of Falk's rights.

    Falk's appeal also frames an argument for barring retrial based on Keeling's finding during the trial of insufficient evidence that he was liable as a party to the capital murder of Canfield.

    If the appeal is denied by the 10th Court of Appeals justices, it is likely that Falk's attorneys, Thibodeaux as well as local attorneys Michele Esparza and Kyle Hawthorne, will take the same issues up to the Court of Criminal Appeals in Austin.

    http://www.theeagle.com/news/local/a...dde121963.html
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  3. #23
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    In today's orders, the United States Supreme Court declined to review Falk's petition for certiorari.

    http://www.supremecourt.gov/search.a...es/14-8000.htm

  4. #24
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    Inmate involved in Wynne Unit escape, correctional officer’s murder, re-indicted in Walker County

    An inmate accused of being a party in the slaying of a correctional officer during an attempted escape from a Texas prison more than seven years ago was re-indicted for capital murder last week.

    John Ray Falk Jr. was originally indicted by a Walker County grand jury in March 2008 for his role in the slaying of Texas Department of Criminal Justice employee Susan Canfield, of New Waverly, in September 2007 in the garage area of the City of Huntsville Service Center adjacent to the Wynne Unit.

    Falk was tried for capital murder in November 2012, but former 278th Judicial District Judge Ken Keeling declared a mistrial following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions.

    Falk’s case, which had been moved to Brazos County on a change of venue request, will return to Walker County for future hearings. Judge Hal Ridley, who replaced Keeling on the bench, will preside over the case.

    “We decided to bring Falk’s case back before the grand jury so we could change some of the wording in the indictment that Judge Keeling liked to be included,” District Attorney David Weeks said. “This allows us to get the case back to Huntsville and see if it needs to be moved again. We were concerned with how it ended in Brazos County.”

    Falk and another inmate, Jerry Duane Martin, ran away from a work detail at the Wynne Unit on the afternoon of Sept. 24, 2007. Canfield was killed while trying to prevent the escape when her horse was struck by a vehicle stolen by Martin.

    Martin was convicted of capital murder in 2009 and sentenced to death. He was executed on Dec. 3, 2013 after waiving his right to an appeal.

    Weeks said his office will once again seek the death penalty for Falk, who will be represented by different attorneys in his retrial. One of Falk’s original trial lawyers, Kyle Hawthorne, has been elected as the 85th Judicial District judge in Brazos County.

    Following the mistrial, senior District Judge John Delaney was appointed to preside over the case after Keeling was recused. Delaney ruled against a motion filed by Falk’s attorneys, who argued a new trial would be double jeopardy because the prosecution had already seen their defense strategy, barring a retrial.

    “The (U.S.) Supreme Court denied their appeal to the double jeopardy ruling, so now we can move forward with the retrial,” Weeks said. “When (Falk’s) new attorney gets on board we begin.”

    http://www.itemonline.com/news/inmat...635864f5c.html

  5. #25
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    Falk pleads not guilty to capital murder of correctional officer

    A Texas inmate who took part in an escape eight years ago that resulted in the slaying of a correctional officer was back in a Walker County courtroom Wednesday.

    John Ray Falk Jr. pleaded not guilty to the capital murder of Texas Department of Criminal Justice employee Susan Canfield, of New Waverly, during a hearing in front 278th Judicial District Judge Hal Ridley after a grand jury re-indicted Falk for the charge in June. The Walker County District Attorney's Office is seeking the death penalty for Falk.

    Falk's first trial began in November 2012 in Brazos County after a change of venue request was granted. It ended when the presiding judge declared a mistrial, citing he did not feel the jury could reach a fair and impartial verdict following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions.

    A senior district judge, who was appointed to preside over the case after the mistrial, denied a motion filed by Falk's original defense lawyers barring a retrial in June 2013. The defense argued a new trial would be double jeopardy because the prosecution had already seen their defense strategy.

    Ridley has appointed Houston attorneys Katherine Seardino, Allison Baker and Jimmy Phillips to represent Falk.

    "This certainly has been a long journey and we need to get some closure on this case," District Attorney David Weeks said Wednesday. "The new set of defense attorneys have a lot of stuff to catch up on. We turned over a substantial discovery to them this morning and hopefully we can move forward with this trial."

    Falk and another inmate, Jerry Duane Martin, ran away from a work detail at the Wynne Unit in Huntsville in September 2007. Canfield was killed while trying to prevent the escape when her horse was struck by a stolen truck driven by Martin in the garage area of the City of Huntsville Service Center adjacent to the prison.

    Martin, who was convicted of capital murder in Canfield’s death in 2009, was executed Dec. 3, 2013 at the Huntsville "Walls" Unit.

    http://www.itemonline.com/news/local...94fbd13e6.html

  6. #26
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    Attorneys clash over Falk trial jurisdiction

    A pretrial hearing in the capital murder trial of a Texas inmate accused of being an accomplice in the death of a correctional officer during an escape attempt in Walker County more than eight years ago took another bizarre twist Thursday afternoon.

    Attorneys for John Ray Falk Jr. filed a motion in the 278th Judicial District Court at the Walker County Courthouse on Thursday to halt any future proceedings because they feel that the trial should still be under the jurisdiction of Brazos County.

    Falk's original trial began in November 2012 in Brazos County after a change of venue request was granted. It ended when the presiding judge declared a mistrial, citing he did not feel the jury could reach a fair and impartial verdict following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions.

    The Walker County District Attorney's Office took the case back before a grand jury in June 2015 and Falk was re-indicted for the slaying of Texas Department of Criminal Justice employee Susan Canfield, of New Waverly. Senior Judge John Delaney, who was appointed to preside over the first trial following the mistrial, granted a motion by the prosecution in September to dismiss the Brazos County case.

    Falk's new court-appointed attorneys, Jimmy Phillips Jr. and Katherine Scardino of Houston, argued Thursday that since the re-indictment came before the case was dismissed, Senior Judge Bill McAdams, who has been appointed to preside over the re-trial, does not have the authority to make any rulings because it is still a Brazos County case.

    "You can't get (the case back to Walker County) the way you did it," Scardino told District Attorney David Weeks. "You are circumventing the law."

    Scardino also claimed that she was never given the chance to object to the original case being dismissed and that she did not remember if she was informed that Falk was being re-indicted.

    Weeks argued that since the case was re-indicted in Walker County and dismissed in Brazos County, it was back under the 278th's jurisdiction. He also pointed out that his office and Scardino had discussed the re-indictment through email correspondence and that Falk's attorneys had several chances to bring this up before Thursday's hearing, which was supposed to be a change of venue request.

    Falk's attorneys were present when he pleaded not guilty to the capital murder charge in the 278th District Court back in September and they recently took part in a conference call with McAdams and the District Attorney's Office

    "Not one word was said before today about this change of venue," Weeks told McAdams Thursday. "The defense is just trying to delay."

    McAdams said he will not rule on the defense's motion Thursday until the court secures a copy of the Brazos County case files.

    "I want you to work on getting a copy of the record from Brazos County and then we will reset this pre-trial hearing," McAdams told the prosecution and Walker County District Clerk's Office.

    Falk and another inmate, Jerry Duane Martin, ran away from a work detail at the Wynne Unit in Huntsville in September 2007. Canfield was killed while trying to prevent the escape when her horse was struck by a stolen truck driven by Martin in the garage area of the City of Huntsville Service Center adjacent to the prison.

    The inmates fled in the truck before ditching it behind a business on Highway 30. Martin and Falk then carjacked Huntsville resident Madilene Loosier at a nearby bank. They took her hostage and continued the escape in her red Dodge four-door truck before law enforcement officials were able to stop the vehicle near the Smither Drive overpass on the Interstate 45 South frontage road.

    Falk and Martin fled on foot, but were later apprehended.

    Martin, who was convicted of capital murder in Canfield’s death in 2009, was executed Dec. 3, 2013 at the Huntsville "Walls" Unit.

    http://www.itemonline.com/news/local...6fc3883d7.html
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  7. #27
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    Next hearing set in inmate's capital murder trial

    Attorneys for the prosecution and defense will meet next month to once again discuss a possible location for the capital murder trial of an inmate accused of aiding in the murder of a Texas correctional officer during an attempted prison escape more than eight years ago.

    A hearing will be held Aug. 15 in the 278th Judicial District Court where Senior Judge Bill McAdams could make a ruling on where the retrial of John Ray Falk Jr. could take place. McAdams granted a change of venue request in June, which was filed by Falk’s attorneys, who contested their client could not receive a fair trial in Walker County because of its strong ties to the Texas Department of Criminal Justice.

    TDCJ’s headquarters are located in Huntsville and the agency is one of the county’s largest employers with seven prison units and various other offices scattered around the area.

    Falk is facing the death penalty for his role in the death of correctional officer Susan Canfield of New Waverly in September 2007. He was originally tried in Brazos County in 2012, but the trial ended in a mistrial following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions.

    McAdams said during a hearing on June 7 that he had five counties in mind for the new venue, but did not name them. Walker County District Attorney David Weeks said it appears the trial will be headed south.

    “It looks like this case will be moved to Montgomery County,” Weeks said this week. “Right now, we are just waiting to see when everyone will be ready to go to trial and check with Montgomery County to see what fits their schedule. Hopefully we can go to trial sometime in the fall.”

    On Sept. 24, 2007, Falk and fellow inmate Jerry Duane Martin overpowered a correctional officer and escaped a work detail at the Wynne Unit in Huntsville. The inmates stole a truck from the City Service Center adjacent to the prison.

    Canfield was attempting to halt the escape when the vehicle, which driven by Martin, struck the horse the officer was riding, resulting in her death.

    Martin was convicted of capital murder in 2009 and sentenced to death. He was executed in December 2013.

    Falk is being tried under the Texas law of parties for his role in Canfield’s murder.

    http://www.itemonline.com/news/local...1f8d85d11.html
    An uninformed opponent is a dangerous opponent.

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  8. #28
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    December 20, 2016

    Falk capital murder trial heading to Lufkin

    Judge McAdams picks Angelina County as site for inmate's change of venue request

    By Cody Stark
    The Huntsville Item

    A judge has finally picked a new location for the capital murder trial of a Texas inmate accused of being an accomplice in an attempted prison escape that resulted in the death of a correctional officer more than nine years ago.

    Senior District Judge Bill McAdams has decided that an Angelina County jury will decide the fate of John Ray Falk Jr., who is facing the death penalty for his role in the death of Texas Department of Criminal Justice employee Susan Canfield of New Waverly in September 2007. The announcement comes more than six months after McAdams granted a change of venue motion filed by Falk’s defense attorneys during a hearing at the Walker County Courthouse in June.

    Jury selection is scheduled to get underway Jan. 17 in Lufkin at the Angelina County Courthouse when potential jurors will be asked to fill out questionnaires. It could take a month before a jury is seated since each person is individually interviewed by attorneys for both the prosecution and defense in capital murder cases.

    “We are tentatively penciled in to begin testimony on Feb. 13,” Walker County District Attorney David Weeks said Monday. “We hope that date sticks, but you never know how long jury selection takes in these type of cases. We have to be very thorough.”

    Falk and another inmate, Jerry Duane Martin, ran away from a work detail at the Wynne Unit in Huntsville back in 2007. Canfield was killed while trying to prevent the escape when her horse was struck by a stolen truck driven by Martin in the garage area of the City of Huntsville Service Center adjacent to the prison.

    The inmates fled in the truck before ditching it behind a business on Highway 30. Martin and Falk then carjacked Walker County resident Madilene Loosier at a nearby bank. They took her hostage and continued the escape in her red Dodge four-door truck before law enforcement officials were able to stop the vehicle.

    Falk and Martin were later apprehended in a wooded area off Interstate 45 where the Ravenwood Village Shopping Center now stands.

    Falk’s lead attorney, Katherine Scardino of Houston, argued in June that the trial must be moved from Walker County because of the area’s strong ties to TDCJ. The prison system is the top job provider in the county.

    She added that the judge who resided over Falk’s first trial, which ended in a mistrial following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions, also believed Falk couldn’t get a fair trial because he had granted a change of venue request moving those proceedings from Walker to Brazos County in 2012.

    Weeks contested the change, telling McAdams in June that when the defense talked to local citizens to see if they believed Falk could get a fair trial in Walker County that they “limited” the search to people who live in Huntsville. He said that the county was large enough to select an impartial jury, taking in account New Waverly, Riverside, Dodge, Big Sandy and other communities.

    Weeks also pointed out that the county’s population had grown by more than 2,000 people since Falk’s first trial.

    Martin was convicted of capital murder and sentenced to death in 2009 by a Leon County jury for Canfield’s slaying. He was executed in 2013 after waiving his right to an appeal.

    http://www.itemonline.com/news/local...223686a24.html

  9. #29
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    Jury selection in Falk capital murder trial this month

    Jury selection will begin later this month in the death penalty case of a Texas inmate who took part in an escape more than nine years ago that resulted in the slaying of a correctional officer at a Huntsville prison unit.

    During a hearing Wednesday morning in Lufkin, Senior District Judge Bill McAdams set Jan. 17 as the date potential jurors will be called to the Angelina County Courthouse as proceedings get underway in the capital murder trial of John Ray Falk Jr.

    A former inmate at the Wynne Unit in Huntsville, Falk has been accused of being a party in the death of Texas Department of Criminal Justice employee Susan Canfield of New Waverly in September 2007 when he and another inmate ran away from a work detail and stole a city of Huntsville truck.

    McAdams moved the trial to Angelina County after he granted a change of venue motion filed by Falk’s defense attorneys during a hearing at the Walker County Courthouse in June.

    Jury selection could take up to a month.

    “We have to interview each person in the jury pool individually and 500 people are being summoned,” Assistant District Attorney Stephanie Stroud said Wednesday. “It is going to take some time. Death penalty cases are very important.”

    Falk and Jerry Duane Martin were working in a vegetable garden when they overpowered a correctional officer and took his weapon at the Wynne Unit on Sept. 24, 2007. Canfield was killed while trying to prevent the escape when her horse was struck by a stolen truck driven by Martin in the garage area of the city of Huntsville Service Center adjacent to the prison.

    The inmates fled in the truck before ditching it behind a business on Highway 30. Martin and Falk then carjacked Walker County resident Madilene Loosier at a nearby bank. They took her hostage and continued the escape in her red Dodge four-door truck before law enforcement officials were able to stop the vehicle.

    Falk and Martin were later apprehended in a wooded area off Interstate 45.

    In November 2012, Falk was tried for Canfield’s murder in Brazos County but a district judge declared a mistrial following a 55-day delay in the proceedings caused by a dispute over language in the jury instructions.

    The case had been in limbo since June 2013 when Falk’s original defense team filed a motion motion barring a retrial under the argument that a new trial would be double jeopardy because the prosecution had already seen their defense strategy. The motion was denied.

    Falk was re-indicted in June 2015 and was appointed new attorneys, led by Katherine Scardino of Houston, in September 2015.

    Martin was convicted of capital murder and sentenced to death in 2009 by a Leon County jury for Canfield’s slaying. He was executed in 2013 after waiving his right to an appeal.

    http://www.itemonline.com/news/local...599a05784.html
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  10. #30
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    Wanted: Jurors in Angelina Co.

    Attorneys involved in the capital murder trial of a Texas inmate accused of taking part in the slaying of a correctional officer during an attempted escape in Huntsville more than nine years ago will begin individually interviewing potential jurors in Lufkin this week.

    Jury selection got underway last week at the Angelina County Courthouse in the trial of John Ray Falk Jr., who is facing the death penalty for his role in the death of Texas Department of Criminal Justice employee Susan Canfield of New Waverly in September 2007. The case was moved to Angelina County after presiding Judge Bill McAdams granted a change-of-venue request by Falk’s Houston-based attorneys, Katherine Seardino, Allison Baker and Jimmy Phillips.

    Five hundred Angelina County residents were summoned for jury duty Jan. 17, but only 128 made it to the courthouse, McAdams said Friday.

    “After qualifications and excuses — a woman got sick — the pool is down to 67 or 68 people,” McAdams told The Item. “Each side has 15 strikes, so that is 30 people. We need 12 jurors and three alternates, so that is 45. We need a bigger selection to choose from, so I issued another 500 people to be summoned on Jan. 30. I would like to increase the pool to around 100.”

    A 20-page questionnaire will be filled out by potential jurors to help attorneys prepare for individual interviews, which are expected to begin Monday. Once the first round of interviews is done, the prosecution and defense will focus on those who qualify for jury duty who are being summoned on Jan. 30.

    “We would like to at least seven or eight interviews done per day,” Walker County District Attorney David Weeks said.

    Falk and another inmate, Jerry Duane Martin, were working in a vegetable garden at the Wynne Unit in Huntsville in September 2007 when they overpowered a correctional officer, took his firearm and fled. Canfield was killed while trying to prevent the escape when her horse was struck by a stolen truck driven by Martin in the garage area of the City of Huntsville Service Center adjacent to the prison.

    The two inmates also took Huntsville resident Madeline Loosier hostage when they stole her truck outside a bank on State Highway 30. Falk and Martin were eventually apprehended when flat tires forced them to abandon Loosier’s vehicle and flee into a wooded area off the Interstate 45 South frontage road near the Smither Drive overpass.

    Martin, who was convicted of capital murder in Canfield’s death in 2009, was executed Dec. 3, 2013, at the Huntsville “Walls” Unit.

    http://www.cleburnetimesreview.com/c...f6fc03df4.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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