Desiree A. Shaw
# 769352
Valley-Gatesville Unit
1401 State School Road
Gatesville, TX 76599-0001
U.S.A.
DOB Feb. 24, 1958
THE CASE
Case No: 19,058
Date of the Crime: August 11, 1996
Date of Conviction: December 5, 1996
Sentence: 32 years aggravated; requires 16 years flat-time minimum before eligible for parole
for one count of murder.
Desiree Ann Weaver Shaw's side of the story
Thirty-eight year old Desiree Ann Weaver Shaw was a satisfied wife, mother, and advanced Oncolgy nurse on the morning of August 11, 1996. She had returned the night before from a two day pre-school shopping trip with four of their five children, including her step-daughter. Her husband Eddie Royce Shaw, Sr. ("Royce") returned home very late at about 02:30 a.m., drunk and elated, full of questions about their trip and making plans to ride his motorcycle the next day.
Royce's conscious state of mind seemed much improved compared to his prevailing grumpy mood for the previous two weeks after his surgery. For approximately a year, Royce had been feeling depressed, irritable, or angry almost every day, instead of his seasonal depression his family had observed since the death of his father in 1978. He began "loosing interest in pleasurable activites and hobbies, or routine household maintenance that once was his priority. He talked more often of the past and his father's death, and how
he felt cheated of his father's companionship too early. He became excessively critical of others, but would not confront them. He began acting reckless by driving his mototcycle 114 mmp, and talking about racing stock cars. He was sleeping more than usual and there was a gradual withdrawing from family and friends.
It was later discovered that he was reportedly talking and having secret out-of-state rendezvous with co-workers who were unknown or undisclosed to his immediate family and friends. At his last post-operative visit with his surgeon, Royce was reluctant to talk about his emotions, but he had promised his mother he would mention his "fractious" nerves to Dr. V.Brooks. Dr. Brooks asked if Royce had been feeling down, depressed, or hopeless. Royce denied a serious problem but promised he would
let Dr. Brooks know if the condition worsened. Royce was stressed, angry, and isolating himself, but vehemently denied that he was "depressed". Royce told his family he preferred to just "suck it up" and stay busy and not dwell on his problems, because he prided himself in "being in control".
Royce had not progressed through the steps of grief following his father's death from a brain tumor. He was prone to hyperactive stress responses brought on by genetic predisposition, prolonged stress at work, unmet mid-life goals, and the frustrations of two failed marriages and the blending of a new family. Blending a family can be onerous and frustrating, even when both people have the best of intentions. To make matters worse, Royce's first wife Carol and Desiree's first husband Clayton were not cooperative and caused conflict unreasonably.
05-11-1955
Royce was born in Lufkin, Texas, (Angelina County), but moved to Georgia with his parents around 1960 for his father to manage a creosote processing plant. Royce was an only child, born 16 years after marriage and after Mr. Eddie Fontaine Shaw returned from war. Maxine Shaw was a housewife with frail health and genetic tendency toward anxiety. Royce described his father as his best friend and talked about camping, fishing, and hunting. He described his mother as being extremely religious, over-protective and critical. His one wish he announced was that he could go visit his mother and sit down to a meal without worrying where to place a napkin or fork. He complained that his mother changed from an Ozzie and Harriett type mom that he grew up with in Georgia, to a dependant victim that suffered from depression after his father's death. Therefore, he moved his wife Carol and Mrs.Shaw back to East Texas to be near her family.
Royce was critical of Mrs. Shaw's family who was religious but seemed to fein to be what they were not, with false assumptions of an appearance of virtue, while secretly wearing makeup and watching televisions hidden in bedrooms. Royce obtained a job at Temple Inland Forestry where his father had worked before moving to Georgia. Royce idolized Mr. Arther Temple with a passionate devotion, but he rebelled against middle management supervision and showed opposition to authority. Royce claimed many of his peers felt that he was given the job because of his father's friendship with Mr. Temple, so he had to work extra hard to be worthy of his position. Events, remarks, and interactions with his employers that his supervisor found upsetting, seemed like "no big deal" to Royce, or exaggerated. He said he would rather do something alone than have a long conversation with a bunch of nerds. He became a perfectionist and avoided showing his feelings. He could not speak or dance in public. He frequently had tightening in his chest, indigestion, constricted throat when he tried to speak, and smiled when he described especially painful memories, trying to block his pain.
On two occasions he had an extreme emotional reaction to the death of a dear friend's teenage grand-daughter who died (Jennifer Dempsy] suddenly after a brain aneuism. The unexplainable death of a promising teen who seemed to have the world at her fingertips seemed so unfair and reminded him of his father's untimely death.
08-04-1996
More recently, than Jennifer's death was Royce's reaction to a family reunion August 4, 1996. The event was Royce's first non-medical activity since surgery, away from home. He came home early and was found by Desiree sitting in his recliner crying in a dark living room. Just as the previous event, Royce began sobbing with anabsurdly incongruous smile, uncontrollably. Desiree held and comforted him and when the children came into the room he wiped his eyes and got his emotions under control and told them he was just fine, only tired. Their son Eddie, Jr. had turned five years old the day before. Royce had insisted on a quiet party with the children and neighbors and did not want to invite his mother or Desiree's mother.
07-31-1996
Remarkably, the day he was discharged from the hospital July 31st, he refused to let his mother drive him home and instructed Desiree not to leave him alone with his mother under any circumstances, without explanation. During his condescence from July 31 through August 10, 1996, Royce was dependant and irritable. He had a very low pain threshold and was taking a steady dose of vicodin, a pain killer. The routine gallbladder surgery had been complicated by multiple adhesions from previous gastric surgery, and a large incision across his abdomen was required to do the cholescystectomy for Biliary Dyskenesia, and lysis of adhesions. His two step-daughters Caylan and Candace helped him with his daily activities while Desiree worked. His daughter from his first marriage, Ashely visited on weekends.
08-04-1996
The weekend of the family reunion Ashely notified Royce she decided to decline his request to come live with him. Her mother Carol has a mental illness and Ashley felt like she should stay with her mom.
1989-1996
By 1996, Carol was very cooperative with visitation and had become more comfortable with Desiree and Royce's marriage. Royce had also been informed that Carol was friends with a known lesbian and he was afraid the situation might affect Ashley negatively. Ashley's decision was not discussed until two weeks later at Eddie's party. Ashley had her own friends and preferred to remain at her school.
Candace also preferred to attend the school she had been attending in Central which was an inconveninece and long drive daily. Royce discussed the privilege to let Candy attend Central, but declared it a trial activity and said he expected her to appreciate the privilege and keep up her grades and duties at home.
O8-09-1996
Since Royce's surgery Desiree had not had time to prepare for school or shop for school supplies or clothes for the three girls, and school was going to start August 12, 1996. She and three of the four girls planned an overnight shopping trip for Friday, August 9th. Royce was stable. Dr. Brooks had prolonged his time off from work another week because of the incision, and possibly because of Royce's questionable emotional state. Desiree picked Ashley up after school Friday and Candy and Caylan were packed to go. Royce was indecisive about going with them. He finally said he was not quite ready to walk all day at the outlet malls in search for bargains, especially in the heat. He listened to the news and traffic report and highlighted a map for Desiree to avoid construction on the loop into Houston.
(Suzie Rice)
Desiree planned to visit a childhood friend who had open heart surgery, and then go shopping. Royce said he might attend the car races in Rusk, Texas, and go to dinner with their neighbors and friends, JJ (Johnny Joe) and Lisa Huizer on Saturday night. Royce called Desiree's friend, "Suzy" Rice in her hospital room to see if Desiree made it to Houston safely and talked about having a fish fry when he was recooperated. He called the hotel and talked to the children while Desiree was unloading the luggage.
08-10-1996
He called 08-10-1996 early the next moring, while Desiree walked to Suzy's room to say goodbye. Desiree missed his three phone calls but was informed that he was doing okay. Desiree and the girls opened and closed the outlet malls in Conroe, Texas, and ate at the Wendy's at the entrance to the mall after 9:30 P.M. Everyone was exhausted but satisfied that that majority of the basic necessities were purchased. Arriving home, Desiree found two notes from Royce. One by the phone said that JJ and Lisa had already eaten supper and did not want to got to the races. He said Terrance (Terry) M. invited him over for a few beers. Terry is a known alcoholic and was estranged from his wife after she left him. His wife Donna moved near her family in West Texas (La Mesa).
A second note was left on the bathroom mirror for Desiree, simply stating "I Love You!" on a yellow stickie note. It was a common practice for Desiree and Royce to leave each other notes in places they would be likely to find them later. Anticipating Royce staying out late, Desiree prepared for bed.
08-11-1996
Royce woke her up about 02:30 a.m. in a euphoric moood, playful and affectionate. Desiree was pleased and amused to see him so sil1y, passionate and interested in their trip. He asked lots of questions, specifically about hard to find sizes for the girls' tennis shoes, and jeans for three entirely different body types, etc. He asked Desiree, if she would like a weekend trip alone with him, and if she wanted to ride his motorcycle with him the next morning. Desiree anticipated he was feeling anethetized and might not be so willing to be active the next morning and said, "Let's see how you feel." They made love and fell asleep in each other's arms, while the children stayed up late for their last late night of the Summer of 1996. About 03:30 a.m. Eddie Jr. woke them up, dragging his blankets from the living room into their bed. Royce grimaced and splinted his incision with his hand and showed wideeyed fear when he hiccoughed. Desiree got him a drink of water and helped him to the bathroom, commenting that perhaps he "did too much too soon." Royce admitted that might be true and stated his last dose of medication had been about 10:30 p.m., reached for the vicodin and took a dose before returning to bed. Desiree tucked him into bed comfortabley with Eddie Jr. snuggling close and the three fell asleep again. All seemed well with the world. Royce sighed as if he might be about to speak. Desiree listened but he did not continue, but breathed steadly and contently.
Loud thunder and lightening awoke Desiree a few hours later. Royce mumbled, "Hmmm?" as she got out of bed. She informed him it was raining. He whispered, "Good" and resumed sleep. She knew he was glad to get rain on the farm they leased because he and the girls had hand fertilized the pasture for hay just before his surgery. Desiree plugged in the morning coffee and started the first load of perpetual laundry for the day, putting a load in the dryer.
On the trip home the night before, Ashley mentioned her head was itching as it had when she had lice. With three girls with long hair Desiree knew the drill. She filled the sinks with water and put the combs and brushes in to soak. She planned to strip the linens from the beds and do a thorough head check of each chi1d. There was on1y 1/4 bottle of Kwell in the cabinet and she might need more. These things were on her mind as she put ajax in the tubs and sinks in the girls bathroom, before going to take her morning bath. She had a lifelong habit of wiping the tubs dry after use and leaving the towel to dry on the side of the tub for the next person to use to wipe their feet as they got out. As Desiree finished her bath and was attempting to drain the tub by placing a washcloth on the broken tub drain lever, she heard a loud "pop!" noise that sounded like a limb hit the window in their bedroom. She knew a limb needed trimming directly beside the back porch, near their window, but Royce told her he would do it later. She feared the delay might result in an expensive window repair, as she asked Royce what the noise was. He did not answer and as she opened the door from the bathroom into the bedroom a sharp pungent odor filled her senses. Picking up her pajamas on the vanity outside the bathroom and dropping one of her towels, Desiree asked again what the noise was, hoping to stir Royce and explain the smell and fear in her heart. She came around the foot of their bed and noticed Royce's face in the lightening flash. Since surgery he had problems sleeping on bis right side. As she got closer, she discovered his nose was bleeding and she screamed. Numerous things flooded her mind for the etiology of the nose bleed as she took the purple towel off her head and wiped bis nose, among other things, that all seemed to become a blur. Royce was unresponsive and actively bleeding and Desiree suspected too much activity caused internal bleeding from his surgical site. Thousands of other things went through her
mind and she instinctively performed basic life support measures and began to call for Candace to get help. She did not want the children to see Royce in that state and made sure Candy gathered all the children with her. Eddie Jr. was on the couch with his blanket watching Barney. It is unknown if he went to the living room or if Royce carried him...but he was known to watch Barney early every morning. Candace ran into the storm with the children with instructions to go to the Archer's and call 9-1-1. As the children left the front door blew open and hit the wall and Desiree screamed for the children to go to the Archer's (but they were not coming back in, it was the wind).
Desiree was not sure if JJ and Lisa were home, and the Archer's youngest daughter and Caylan were best friends, and pretty much inseparable. Johnnie and John Archer claim the chidren arrived before 07:00 A.M., closer to 06:30 A.M. Johnnie immediately called 9-1-1 and was told the dispatcher was already on the phone with Desiree. After the children ran out of the house, Desiree wondered, if it might take time to get the Archer's awake and she decided to call 9-1-1 herself. She called without answer and redialed to ensure the right number. Lufkin EMS dispatcher Keith Bickley answered and the call was transferred to Diboll Police dispatcher who told Desiree the police were on their way and she heard the dispatcher telling the patrolmen the door was open. Four Diboll patrolmen arrived and stared at the scene. The bedside table lamp was an old S & H green stamp lamp that had a short and would blink on and off if the lampshade was jarred. One patrolman, Gary White, came to Desiree's side and helped her put her pajama top on while she hung up with the EMS official. Desiree expalined that Royce was unresponsive, bleeding with a weak apical pulse, and repeatively asked for an airway to maintain his breathing. He also needed fluids intraveneously. Officer White appeared to "rescue" Desiree's life support measures while Officer Matthews forcefully removed Desiree from the scene. Matthews took Desiree into the living room where she watched the battery operated clock over the fireplace mantel before 07:00 A.M. Officer Matthews was kind and tried to calm Desiree, explaining that EMS was enroute. However, by 07:12 A.M. it seemed an inordinate time and Desiree exclaimed, "It's 07:12, where is the ambulance?!" Matthews continued to say, "They're coming, sweetheart...they have to leave work and cross traffic..." At that point Desiree knew Matthews was speaking of volunteer firedepartment and she knew Royce did not like the volunteers and informed her never to let them touch him
if he had a heart attack, hypothetically...and she also knew that Royce's serious condition required official EMS load and go immediately. Desiree was overwhelmed with fear and asked their neighbor JJ to come help her get Royce to the hospital because there was some unexplained delay and she asked JJ to locate a neighbor Betty Barkley, RN who was a well-known emergency nurse.
07:13 A.M.
Just as JJ and Lisa ran to the Shaw home, Diboll first responders arrived. Lisa came in and helped calm Desiree and made phone calls. (See phone records K. Barrett.)
Lisa comforted Desiree who was in shock by then. Other people were coming on the scene including Royce's cousin Darwin "Little Bo" Smith and Chad Camp. Lisa covered Desiree in a blanket and found her some clothes or shoes. Desiree called into the bedroom often to ask patrolmen and firemen if they had an IV going or if they placed an airway, or if they needed he1p...she was ski11ed. Each time she was assured that everyone was doing everything they could to save Royce's life. It was almost four months later before Desiree discovered that Officer White "presumed" Royce was dead from the doorway and never performed any purposeful activity to assess or preserve Royce's survivability. A Texas EMS investigation a coup1e of years later, revealed that Lufkin EMS were prepared to respond within fourteen minutes, but they were informed no services were indicated by Diboll Police. The pandamonium that occurred and gross neglect of Royce's serious medical needs was not within the jurisdiciton of the Texas EMS or Lufkin EMS because the Diboll Police and volunteer fire-department are not under the authority of Texas Department of Health or Emergency Management Bureau.
A volunteer fireman, Tony Holman, F.R., came out of the room and informed Desiree Royce was dead and there was nothing he could do. Tony embraced Desiree and released her to Officer Matthews and Lisa Huizer to be taken to the Huizer's to calm down and inform the children. Brother Buster Grigg arrived after hearing the 9-1-1 call on the police scanner radio, just as Chad Camp and Little Bo had. Royce's mother arrived with a relative and she and Desiree embraced before telling the children. Brother Buster and Desiree took Eddie Jr. to the Huizer's kitchen. Desiree held Eddie in her lap as Brother Buster kneeled before them to explain to Eddie his Daddy was dead. Eddie listened and said, "Well, I guess I am the man of the family, now". Eddie was only five but each day when his Daddy left for work he told Eddie to take care of his girls and Eddie took that seriously. While Brother Buster was preparing to pray with Desiree and Eddie, Officer Matthews insisted that Desiree write a statement. Lisa and Matthews helped Desiree over the dining table and gave her a pen and paper but Desiree was in shock and could not form a clear thought or sentence, so Matthews told her what to write. He said, "Say you were in the bathroom, Sweetheart..." and dictated the statement for her to write and sign. August 11, 1996 @ 08:30 A.M.
Officer Matthews took Desiree to Diboll Police Station for routine questions for their report he said. The supervising officer, Charley Harris, opened an automic absorption test kit with a dirty pocket-knife and contents scattered over Police Chief Ray's desk, before he picked up the swabs and throroughly swabbed Desiree's hands. When questioned about the ambulance service, Harris sarcastically claimed that he did not care if a doctor had been in the room, "Royce would've died anyway". She claimed that Harris lacked authority or experience to deny medical services. Harris was biased against the Shaws after several confrontations with Royce about Harris' failure to timely respond to a 9-1-1 call about a fire, and Harris' reprimanding him for having a car in repair on the front yard and a baby calf on the back patio for a few hours in violation of city ordinances. Harris was biased against Desiree for reporting his interference with local EMS for critically ill Diboll citizens for non-medical reasons, which were documented in the patient's homecare and hospital records. Judge McConnico came to Elizabeth Latham's home to tell Harris to step back and 1et Desiree do her job. Dr. D.J. Smith documented that Mrs. Latham was critical and might have died without immediate medical services. A terminal cancer patient, Billy Newman, who was not officially admitted to hospice from homecare, had not signed a DNR, and needed immediate medical care because he did not respond to breathing treatments at home. Desiree was going to transport Newman in her car until EMTs took initiative to ignore Harris and load Newman into the ambulance. Hospice took over managment of his case at the hospital and he died with dignity and comfort.
Sometimes the coordination of medical services requires cooperation and conflict resolution, but there is no need for bias or bad faith retaliation. Harris poisoned the investigation of Eddie Royce Shaw, Sr.'s death with suppression of exculpatory evidence, hearsay, and a presumption of guilt without basis in fact or evidence, early on.
09:49 A.M.
Harris and other officials returned to the scene after Desiree and her children went to Maxine Shaw's with family and friends. Harris searched the home and property without warrant. The next day Harris returned and searched the home, specifically the garage and Royce's wooden boat and his motorcycle, explaining that some of Royce's co-workers said, if Royce left a suicide note, it would be in the cycle.
Harris refuses to disclose who the co-workers were or why they would believe Royce would leave a note in his motorcycle. Harris inspected Royce's medications that he had examined at the scene, including bis vicodin prescription. He asked questions about Royce's clinical history and told Desiree he "heard" Royce was taking pumpkin seeds for virility, which Desiree denied. Harris was rude and vague about what he was implying or looking for.
Harris called Texas Ranger Don Morris into the case several weeks later. Harris claimed after the autopsy that Dr. Bruce claimed that Royce would not have been able to shoot himse1f and then "wrap" his gun in a pair of white cotton briefs, because Royce possibly was paralyzed and probably could not have moved after the bullet damaged his spine. Harris suppressed exculpatory evidence from the experts, tbe ranger, the trial officials and the crime lab, and ultimately the jury at trial.
Harris suppressed the established habit that Royce always used cotton briefs and t-shirts with his guns to clean them, store them, and prevent rust from oil from his fingers. Patrolmen showed Harris Royce's other guns stored in the closet with briefs and t-shirts and his characteristic lucky blue towels.
Harris suppressed the fact that he RESTAGED the scene when his second functioning camera arrived for pictorial purposes. This was disocvered post-conviction during the EMS investigation, where bystanders observed Harris replace the gun beside Royce. A photo was later discovered showing the gun beside Royce at 09:49 A.M., wbich was over two hours after Harris picked the gun up with Officer White and examined it and removed the cartidge from the chamber and bagged it for evidence at 08:35 A.M. The photo was examined at trial by the defense team, trial officials, and state crime scene expert. The photo was lost or destroyed immediately after trial according to the trial court reporter (retired after trial). The photo that was sent to the Ninth District Court of Appeals was not the same photo examined at trial, but was substituted for the appeal exhibit (defense did not receive photos or exhibits). The COA clerk provided the photo exhibit after the direct appeal was denied instead of destroying the record, and it was not the same photo. The trial court had held that trial counsel simply double labeled one exhibit, but failed to address the relevant time discrepancy.
This takes a bathtub conspiracy to explain because the police investigator withheld the fact that he restaged the scene, but the prosecution dismissed the photo at trial as one the investigator "forgot" how he photographed the scene. Harris gave conflicting testimony of how he photographed the scene under oath. Desiree did not move or touch the gun at the scene, but is sure it was not wrapped or soaked in blood when she was removed from the scene. Two of the four patrolmen that testified, said they could not see the gun clearly when they first arrived. Desiree was more focused on getting emergency medical services for Royce than questioning the gun at the scene, which she thought Royce would explain later. Questions remain if he was cleaning his gun or putting it away, or if he intentionally shot himself. Harris suppresed the fact that Royce always slept with his gun under his pillow when he slept alone and when he traveled. Royce was afraid of the dark and had slept with his parents until he was six. It was not unusual for Royce to handle his guns or polish them in his chair or in bed while relaxing. He checked them frequently and assured Desiree he was careful because his father taught him respect and safety with guns. He was a marksman with awards in highschool ROTC. He had many trophy deer heads on the wall from hunting deer. He was color blind which is a benefit for hunters to see animals in brush. Desiree showed Harris the bureau drawer beside the bed where Royce reached for a pair of briefs every morning to wipe his glasses before any other daily activity, but this relevant habit was not disclosed. Desiree showed Harris the bathtub drain that had not worked the whole time the Shaws lived in that home, and was known by previous tenants and neighbors as being broken for years, so that the drain was always wet, incapable of being dry. Witnesses were prepared to testify at trial to these and other relevant material facts.
Post conviction discovery also included the crime lab report that trial officials denied Desiree and her family for over six years.
2001
A Huntsville Texas lawyer who wrote an article in the Prison Legal Handbook, David O'Neil, assisted Desiree obtain the crime lab report and various new facts and evidence was discovered that had been suppressed or previously undisclosed that were material to the outcome of the case. Harris suppressed the fact that Royce was taking a steady dose of vicodin which was Harris' responsibility and duty to provide known and suspected drug use or drugs found in Royce's possession. According to four employees at the crime lab, without the clinical information the lab personel were not alerted to perform more expensive and comprehensive tests, or use a different modality to see why the general assay did not detect drug use.
The specimen was destroyed in 30 days, months before the defense knew it existed, without opportunity for testing or analysis. The crime lab report revealed a higher alcohol level than the prosecution discolosed to the jury. The higher alcohol level was significant to the crime scene experts' testimony. He said that his testimony would have included accident or suicide if the alcohol concentration had been higher. Also it can be judically noticed that a combination of alcohol and drugs can affect a persons' faculty control even when the levels are not excessive by themselves. The prosecution claims the admitted suppression of the known and supected drug use of the deceased and his higher alcohol concentration is harmless without a hearing or harm analysis. The trial officials claim Harris never revealed Royce's drug use to them, despite their duty to know or learn all facts of a case. The State relied on Harris's summary of events and evidence, without careful investigation of the facts, violating specific ethics rules. The State failed to turn over or disclose evidence favorable to Desiree. They failed to supervise the conduct of the chief investigator, who was promoted to county investigator after Desiree's trial. They brought the judicial system into disrepute by their conduct and simply do not address the fact that the photo showed the gun beside Royce at 09:49 A.M. after it had been examined at 08:35 A.M., or that the photo was lost or destroyed by the State immediately after trial. The State admits that Harris suppressed the clinical evidence from the trial lab, experts and then the jury, but claimed it is harmless and not "exculpatory" despite a 1972 U.S. Supreme Court decisison to the contrary (Brady Rule).
The Angelina County District Attorney passed on indicting Desiree because there was no evidence of a criminal offense. However, the district judge's son, David Wilson, III, zealously pursued the case with Charley Harris' insistence. Clayton Carroll Richardson, Desiree's first husband, used undue influence opportunistically to encourage Desiree's prosecution. He is a hostile witness since their divorce, for Richardson's sadistic domestic abuse.
02-XX-1952 - C. C. Richardson is a small rural town athletic hero born to M. W. Richardson and R. D. Richarson, two well respected members of the small community called Pollok, Texas. Historically, Richardson demands control and intimidates others to get what he wants. Desiree was only 15 when she met him and he seemed like he wanted to provide and protect her and her younger brother, Johnny (9). Richardson had a previous marriage (1972) to a teenager, D. Goodin, which ended in divorce 11 months later due to violent domestic abuse. Richardson claimed D. was too young and was not ready to settle down; and claimed she wanted to "party". However, that version of the facts was quickly rebutted by Ms. Goodin's family and friends, such as Renee Thompson who was D.'s step-grandmother's niece. Renee reported that Richardson was abusive, but Richardson convinced D. that it was all Ms. Goodin's fault and that he was misunderstood and had been molested by his mother and coerced into keeping secrets and therefore distrusted all women in general.
05-31-1975
Immediately after marriage, May 31, 1975, Richardson became progressively angry, possessive, and dissatisfied. When overwhelmed or threatened with loss of power he raged and intimidated Desiree, and became more violent more offen, as time passed.
1976-1983
Desiree finished high-school and completed nursing school under duress and had six pregnancies with three live births. Desiree, whose esteem Richardson decimated believed all the problems were her fault. She tried hard to anticipate his every need or complaint, to the point of learned helplessness. Richardson explained each violent episode with his early childhood experiences. Desiree knew she did not cause the anger or violence but it was directed at her. Richardson's family and friends are aware of his anger/ rage problems, but no one in over 50 years has been brave enough to confront him. Even though Desiree's passive nature attracted Richardson to her, it later fueled his contempt. The harder she tried to be good, pray, and be the perfect housewife and mother, the more Richardson raged. Richardson tainted and applied to be a member of the Secret Fraternal Society of Free and Accepted Masons. He told Desiree not to
mention his prior marriage or any hints of abuse, if the masonic leaders interviewed her. Richardson trained under honorable and respectable older masons that knew Desiree and her family but were not associated with the Pollok Community. Richardson excelled in his oral training and became a 32 degree Scottish Rite in a short time. Richardson accused Desiree of doing things to make him angry such as not immediately filling his empty glass when he rattled the ice or not having a shirts washed and ironed that he wore on1y a couple of days prior. He lost his temper a lot at home and said Desiree deserved it. His verbal and emotional abuse escalated to physical abuse and choking Desiree or humiliating her emotionally and sexually. By the time Richardson was a teenager according to local citizens, everyone "knew" not to mess with him. There were no written reports of his abuse because of the local "good ole boy" policies and the violence was informally resolved. His abuse resulted in the death of an unborn child in the late 1970's. Desiree knew that Richrdson had no plans to change and tried to leave but was caught and tortured into submission and threatened with loss of her children.
Desiree remained another year working two and three jobs and maintaining her home and staying very activ in her children's lives. Desiree became an experieeced and skilled registered nurse with respect in the medical community and develop a sense of security and safety among trusted peers and mentors. She sought counseling secretly but Richardson monitored her activities so closely he barged into Dr. Huerta's office and dragged Desiree to his truck screaming at her, "What did you tell that S-- o- - B---- about me? What did you say?" Desiree tried to explain that she was making an effort to face her fears, and obtain acceptance and reassurance that she deal with the sadness, frustration and underlying anxiety, that she felt in his presence. Richardson refused to seek counseling and felt only crazy people need counseling or assistance to change and heal. Richardson blocked vulnerable emotions of sadness or fear with anger. On rare occassions in the "honeymoon" period of remorse after particularly violent outbursts, Richardson would react to Desiree's tenderness and shed tears and grieve over painful childhood experiences, but he would not consider talking to a counselor, because he could never reveal his mother's secrets that he kept inside his heart.
Richardson threatened to kill Desiree if she ever disposed the abuse he suffered as a child, but was afraid and ashamed to admit. Desiree finally put her safety above Richardson's intimidation and the reasonable possibility that he would kill her in his rage someday and leave her children unprotected. Before leaving she obtained the help of a support system and advice from clergy, masonic elders, her employer and friends -determined both the safety of trying to divorce Richardson and the wisest timeing for doing so. She rented a secure apartment and moved out. Richardson continued to harrass and humiliate Desiree at every opportunity. He closed her checking account before their divorce. Desiree's employer at the oncology clinic provided an advance of her salary to cover the expenses of a new apartment and utilites and was very understanding and patient with the disabilities of a single working mother.
02-24-1958
Desiree Ann Weaver Richardson Shaw was born in Lufkin, Texas, February 24, 1958 to teenage parents Charles and Nelda. Nelda was youngest child and only daughter of a local meat packing plant owner. Charles was the eldest son of a machine oiler at the Southern Paper Mill. Charles and Nelda's second child, Randy, was killed when a gas jet near a bathroom waterheater exploded. Desiree was badly burned also, but Randy was an infant and did not survive. Nelda was six months pregeant with (Johnny) and she had a nervous breakdown. After Johnny's birth, Nelda became focused on building a ranchstyle home from the ground up and became a livestock trader. The Weaver home became sporadic, unpredictable, and governed by Nelda's moods rather than the needs of the family. Desiree was in charge of Johnny's care although she was only five years old, with a constant state of wanting, waiting, and neglect. Desiree and Johnny grew up in a Huckleberry Finn type environment and were unaware of social rules or that they were being neglected, and became resourceful and independent and amazingly, honest and respectable.
Nelda deviated from the usual or accepted activities of a woman in the sixties and seventies, and Desiree and Johnny suffered by being isolated from the community in many ways, and finally went to live primarily with their maternal grandfather after the extended illness and death of his wife. Their gandfather, John, was gone most of the time and Desiree and Johnny were alone to care for themselves with little supervison or structure. They rode horses and swam all seasons and skinned snakes and collected soda bottles to pay for food and clothes, or any activities. Nelda established an account at Bower's grocery later for basic necessities that she was too busy to provide. Desiree and Johnny made sure they were not a burden on the family. They feared being separated or reported, and tried to avoid conflict and stress by being out of sight. Desiree took care of situations that were beyond her ability to manage well and made lots of mistakes. She learned lessons that became wired into her behavior and beliefs to protect herself and her little brother from painful experiences such as hunger, or fear of local pediphile who molested several children in the community. She was a vulnerable victim for Richardson at that time. (1973).
After her divorce in 1987, Desiree worked at a local onocolgy clinic and volunteered for the first hospice in the area. She became a public education volunteer for the American Cancer Society. Through counseling with Dr. Lois Gonzales, Desiree made the first steps in growth and healing. She experienced safety and healing support for the first time. She no longer related to the "victim", but remained in a people-pleaser mode, which contributed to her success as a nurse or nurturer. She reestablished her serious Chrisitan faith and built a network of supportive friends. She learned by trial and error to be independent and manage her money and household affairs. She had been single a couple of years when she met Eddie Royce Shaw, Sr. the last weekend of July 1989.
One Sunday morning, Desiree prepared lunch for her step-father, Norban, and two friends who were coming to Lufkin for a local gun show at the civic center. Norban never arrived, so Desiree and two of her three daughters sat down to eat. Candace, the middle daughter prayed for God to bring a man into
tbeir lives for her mother. This was something the girls
had never mentioned. Desiree had no plans to date or remarry.
She had dated a man who she had met as a former oncology patient.
He was kind and a wonderful man, but Richardson had accused him
of breaking up their marriage and threatened, on several
occassions, to kill this suitor. So, Desiree asked the man to
leave Lufkin and any thoughts of a relationship. He reluctantly
left, but only after several obvious attempts by Richardson to
cause him bodily harm. Desiree had been faithful in her marriage
to Richardson and divorced him because of sadistic abuse, but
Richardson spread gossip about her to discredit her in the public eye.
July 1989
The last Sunday in July 1989, the phone rang and Desiree talked
to a man (Royce) who had just moved in next door and inquired
if his daughter Ashley could play with Desiree's girls while he
unpacked his property. Later when Desiree's daughters answered
the door to Royce and Ashley, they left him standing in the
doorway and ran to get Desiree yelling, "Mommie! Mo-om! Come
quick, God has sent us a man, and he's cute!" The youngest
Richardson girls would not consider that Royce was not and
answered prayer...and still feel that way today.
Royce and Desiree dated five months and married December 15, 1989.
Royce had two marriages fail and he was in the process of learning
to recognize what he was feeling and expand bis range of emotions,
linked to needs and desires for his future. He attended a Baptist
church with Desiree and their children and made a profession of
faith by joining the church and being saved, accepting Jesus
Christ as his savior and Lord. He said he had not cried since
his father died. He cried and talked about past disappointments
and how his good intentions were frequently misunderstood. Royce was unaware of bodily sensations to stress where he clenched his jaw so tight it popped as he ate or in his sleep. Royce learned to relax more and focus more on his emotional needs than just tasks and jobs. He was a workaholic like Desiree and they learned to include each other in their thoughts and decision-making.
Royce complained that Desiree was so independant that he often did not feel needed. It was difficult for him to admit he "needed" anyone or anything, but it is crucial to growth and healing. There were a lot of things in the past that promted Royce's behavior, and
Desiree had compassion for his struggles and fears about intimacy. Unlike Richardson, Royce was open to doing anything to improve bis relationships and make a better home and future for his family. But like Richardson, Royce also had difficulty with appearing vulnerable, and his struggles were not visible on the surface. Richardson harrassed and humiliated Royce at every opportunity, holiday or activity without cause. Desiree tried to warn Royce about Richardson before their marriage, but Royce thought he could handle the situation with reason. Royce was repelled by anger and clammed up. It was hard for him to express his anger or frustration, except through work, and it was awkward for him to express feelings or emotions. He said his father had been his best friend, and he described memories of feeling alone, ignored and not accepted by peers. He had an aversion to cotton balls that was obsessive but he could not explain the origin of the phobia.
Royce was unaware of his talents and skills and began experimenting with hobbies. His talent with caring and grooming livestock for 4-H projects with the girls was amazing. (He had helped his step-sons in his second marriage, and continued to learn and practice those skills). They won every show they entered. He seemed bewildered by Desiree and the girls' true enjoyment and enthusiasm for his hard work and dedication. Royce learned to be a tender and caring lover, and that sex and physical intimacy where not necessarily one in the same. He explained that he wanted a family and wanted to be respected and accepted. Blending of two families is not easy, but both Royce and Desiree were committed to each other and their children. Desiree's oldest daughter, Christi, never accepted her parents' divorce and felt loyal to her father (Richardson). She had to be there for him in Desiree's absence. Royce and Desiree's marriage was a barrier to Christi's hopes of her parents getting back together. It was difficult for Christi to accept Royce's good natured generosity and acceptance, in contrast to her father's tendancy to verbally and emotionally manipulate and intimidate others. Compared to Richardson, Royce seemed like a saint to Desiree, too.
1991
Richardson sued Desiree for an old IRS debt that he did not pay. Later, he sued for custody of Christi and Candace, after they had won several 4-H livestock shows and sold their projects (non-profitable). Royce brought a great amount of debt from his previous marriage into his new marriage and was forced to fi1e bankruptsy, because bis second wife, Pam, let loans go back to creditors that Royce's name was part of initially. Royce was laid off work in 1991 because of an investigation involving Texas Rangers that he used company supplies and employees to work on 4-H projects during bis marriage (1985-1989) to Pam. He was also accused of accepting ski trips and lunches from vendors that wanted favorable deals with his employer. Royce was secretive about the investigations. At first he claimed tbat jealous peers snitched on him trying to get his coveted job at the irrigation field. Royce was a power supervisor for Temple Inland Fiberboard. The reverse osmosis boiler tbat provided power to the plant bad caustic waste water that was filtered through an elaborate process to a local irrigation field and the water was potable at the distal end of tbe system. It was used to irrigate a bay field and wildlife habitat. Royce supervised the project and said many people were jealous that he enjoyed tbe perks of his job. The Texas Ranger, Charly Neal, called and Desiree spoke to him. Desiree knew Neal as a former patient and had a pleasant conversation. Royce was furious and brought all his property from his office home, including a giant marlin, several trophy deer head mounts, and a cardex and personal materials from bis desk, fearing he was going to be fired. Desiree asked him to go to the officials and talk to them, but Royce was unable to confront or resolve the issues. He was laid off for several weeks to "think about his attitude". Royce worked to exhaustion on odd jobs detailing cars, delivering pizza, and picking up new trucks for a local car dealer, to provide for bis family.
He returned to work and had a renewed appreciation for his job. He had always been loyal to his subordinates, who took up a collection while he was off work. It moved Royce to tears that they respected him and supported him during an embarrassing time. Desiree had a problem pregnancy and was on bedrest for the last half of the pregnancy.
1991-1999
In August 1991, she delivered a ten pound boy. That same day, after Eddie's birth, Richardson came to the hospital to pick up the girls to attend his wedding to Darlene, a childhood self-proclaimed nemesis to Desiree.
Richardson and Darlene's marriage was troub1ed and ended in divorce due to intolerable abuse and irreconcilable differences. During their marriage, Darlene and Clayton sued Desiree for custody of her two oldest daughters although there were no problems with visitation or conflict. The Shaws fought the suit and exhausted their savings. On August 13, 1993, Caylan Richardson 1eft her bathing suit at the Richardsons. She ca11ed her Dad to ask for it and he told her to come get it from his mailbox. Desiree and the three children drove to Central to get the suit. As she was removing it from the mailbox, Darlene drove up and mistook the scene as a trespass. Desiree explained and honked her horn for Richardson to drive down the hill and explain. There was no physical confrontation and after Darlene removed her 3/4 ton crewcab diesel truck from pinning Desiree's Honda Civic between the mailbox, she drove home. Darlene called law enforcement and Desiree was arrested at work the next morning for reckless conduct. The incident was favoring to the Richardsons, because he was a county commissioner, and it was never fully investigated. Desiree was denied opportunity to file a statement. Desiree was counseled to plea "nolo-contendere" without informed consent and accept probation, rather than risk her nursing career and embarrass her children who signed statements under Darlene and Clayton's authority (later recanted). This infamous 1993 mailbox incident was later used to show a tendancy toward violence.
The Richardsons knew that Royce kept guns in his vehicles. The Sheriff's Department asked for the gun out of Desiree's car after she was arrested. Royce gave the lawyer, Sandra Roberts, his 9mm pistol out of his truck instead of his father's 22 pistol that he kept in Desiree's car. Desiree's car was inconveniently at the hospital and Royce did not want to drive there or risk losing his father's pistol. Royce did not reveal his clever trick until after Desiree completed probation and he went to retrieve his 9mm at the Sheriff's Department. This is significant and remarkable considering that the state trial officials used the incident that was no-adjudicated to show Desiree was a dangerous threat to society, but also because ten years later, in the State's response to her State Writ Petition, the prosecution claims the same gun that killed Royce was the same gun used at the 1993 mailbox incident. Amazingly, the prosecutor presents new evidence, not previously part of the record.
He claimed an empty casing to the 9mm pistol was discovered at the side where the 1993 mailbox incident occurred on a dirt road in front of Richardson's property. It is impossible that a 9mm shell from Royce's pistol was at the Richardson's property, because Royce switched the guns but did not tell anyone until after Desiree completed probation without event. That is only one of many examples of the state's manipulation of evidence.
01-24-1994
After the 1993 incident, Desiree was ordered to seek psychological evaluation by Darlene's and Clayton's persuasion. Desiree voluntarily received counseling and testing and Dr. Lois Gonzalez fcund her within normal limits of acceptability and provided a detailed letter to the court explaining that Desiree. was the victim of of Clayton's continued abuse and harrassment, and that she chose to plea and not embarrass or further traumatize her children or risk expense of trial and loss of her career.
1993-1996
For the next three years the Shaws remained on a structured spending plan to get out of debt and rebuild their credit and were near being debt-free except for their home. They owner-financed a beautiful home on Birdsong Lane in Diboll near the Diboll golf course and park. They leased a farm and bought some yearlings from Johnny Weaver and a bull that Royce named Charlie after one of bis favorite uncles. Royce improved the farm and built new and improved fences, fertilized the pastures, and cleaned the lake and fence rows of brush. Royce and Desiree worked on their yard together, and the whole family participated in 4-H projects and family activities. The families on the Culd-de-Sac got along great and the street was full of children. Royce was competitive with neigborhood yard or decorating competitions and helped his neighbors and learned to ask for and accept help himself.
He seemed happy and content until the last six months of his life, when he became irritiable and complained of constant pain in his upper abdomen that took several months to diagnose and even longer to get HMO approval, because his gallbladder X-rays were normal. Dr. Brooks ordered a pipida scan that revealed adhesions from previous surgeries were strangling his gallbladder, which explained the serious visceral type pain Royce was experiencing. Royce explained his mood swings as reaction to pain and that he would be "good as new" after he had surgery. He expressed discontent that Desiree could not speed up his surgery, as a nurse and employee at the hospital.
Royce was genera11y very independant, but was dependant and relied on Desiree and the children completely when he had surgery. He did not tolerate anethesia well and fought the operating room crew when he was recovering after surgery in 1990 at Woodland Heights Hospital. He received a black eye when a nurse's stethoscope hit him during restraint - he tried to fight them off and get up after he had woken up from surgery. He had a very low pain tolerance which was unlike his usual stoic disposition to deny being tired or weak in any way. Royce had two more gastric surgeries in the 90's when other alternate medications for gastrlc reflux fai1ed to work. His father reportedly had gastric reflux disease, and Royce suffered from bleeding ulcers in his youth according to his mother. She said Royce was hospitalized and required a blood transfusion. Desiree discovered a gross amount of blood in the bathroom twice in the year before Royce's surgery that Royce had tried to conceal, but later explained as internal hemorrhoids. Desiree told Dr.Brooks about the rectal bleeding when Royce failed to mention it during his preoperative interview. Royce snapped at Desiree and told her he wished she would not just offer advice or explain other people's point of view, but sometimes see his perspective. Desiree took his criticism into consideration and realized he was irritable because he was afraid of surgery as much as he was relieved to be free of the constant pain caused by the adhesions. Desiree was admittedly complacent in their relationship, but did not intentionally ignore depression symptoms. She merely thought they were signs of chronic pain and frustration that would be understandable.
Royce had a new motorcycle and expressed satisfaction in his life, marriage and plans for the future. He had recently said be wanted to change his diet and was eating less fats and sodium in his diet. Everything seemed to finally be looking up for Eddie Royce Shaw, Sr.
August 11, 1996 Eddie Royce Shaw, Sr. shot himself in the neck, under the influence of alcohol and vicodin, and his gun fell per gravity beside him with a pair of white cotton briefs that he had an established habit of using with his guns. He was deprived of adequate, effective, or timely access to medical services and bled to death as patrolmen watched without performing any activity to preserve his life.
Analytical Synopsis of the Case
Desiree Ann Shaw's story deserves a serious look at her claims of actual innocence. Desiree presents clear and convincing evidence that was either not disclosed or not presented to the jury for various reasons beyond her control. New evidence discovered post-conviction and favorable evidence that was not presented at trial demonstrates that Desiree probably did not engage in the conduct for which she was convicted. In this situation, there was no conduct engaged in by Desiree that violated criminal laws. Eddie Royce Shaw, Sr. may or may not have intentionally shot himself, and those questions may never be answered.
Desiree has researched and prepared her colorable claims of constitutional errors during investigation, trial, and appeal, and those errors resulted in information that might have proved Desiree's innocence from being introduced at the trial.
Trial counsel John R. Heath was ineffective under relevant standards in the investigation, trial and appeal of the case. As a result a valid defense was not presented at trial or on appeal. Heath failed to hold the State of Texas [Angelina County trial officals] to their duty to prove each element of the charges against Desiree, or prove its case beyond a reasoanble doubt. The jury only heard the State's version of facts in the case. Trial counsel promised Desiree and her family and friends that he would present an agressive defense and over 50 witnesses and experts who were prepared to testify. In a shocking unilateral decision only minutes after the state rested its case, Heath closed without presenting a case-in-chief, contrary to Desiree's expressed consent. The whole purpose for the trial was to present experts, witnesses, and evidence to support her innocence. Many questions that readers might ask about the case are answered in the expert testimonies, affidavits and new evidence discovered after trial. To add insult to injury Heath did not present all the claims of constitutional violations in the direct appeal brief.
The Ninth District Court of Appeals noted with interest the favorable evidence that Desiree's hands were negative for automic absorption and the circumstantial and circuitous nature of the investigation. However, the justices' hands were tied, because Heath did not point them to any evidence in Desiree's favor, contrary to her expressed consent - just like at trial.
There is a strong de facto presumption of correctness of State action when the State paints a person as a guilty criminal. The law attaches a strong presumption of finality to her conviction as well. Desiree has used substantial diligence to obtain the basic constitutional right to hear all evidence, to be heard and present evidence, particularly the new and previously undisclosed evidence that shows she is actually innocent. The United States Constitution presumes a defendant is innocent until proven guilty, but in this case there was a presumption of guilt from the beginning of the investigation by fabrication, and suppression of evidence by the police investigator from the crime lab, experts, and officials, and ultimately from the jury.
Over a decade later, the record remains uncorrected because the same individuals who violated Desiree's constituioanl rights, are the same individuals responsible to make reasonable determinations about review. An overzealous prosecutor, the son of the district judge, David Wilson,III., was concerned with a victory in his father's court instead of the public interest in serving justice.
An experienced criminal justice expert, whose testimony could not be easily questioned was prepared to testify at trial concerning the lack of proper police investigation. John Heath did not call the expert defense witness, Gerald Piechocky to testify at trial.
Coached and perjured prosecution witnesses were not impeached or rebutted, because trial counsel ommitted a case-in-chief. Hearsay witnesses were not impeached or rebutted for the same reason, and the jury only heard their unreasonable determinations of fact, and no presumption of correctness can attach to them.
The police investigator suppressed exculpatory evidence and poisoned the case, from the beginning, with bias. He coerced a mentally ill recidivist informant to write false statements against Desiree and forced him to testify at the grand jury.
The informant initially cooperated with police, because he was angry at Desiree and her family. He was a former patient and was emotionally dependant on Desiree for his case management in a million dollar medicaid medical case that required networking with other agencies and providers to access adequate medical services. He became obsessed with Desiree and her family after Mr. Shaw's death, and actually stalked them and attacked Desiree in Walmart. Lufkin Texas police were called by Walmart security and the informant was involuntarily committed to Rusk State mental hospital. The informant claims he was coerced by the police investigator Charley Harris, and Texas Ranger Don Morris, and promised a deal with the Assistant prosecutor Wilson to have Harris County charges dropped and assistance with legal matters concerning visitation with his son. He explains that Harris and Morris painted a very ugly picture of Desiree as a "whore" and person that was not worth his admiration and respect. Later, after resuming mental health services and treatment and moving from Lufkin area, the informant volunteered several sworn affidavits explaining how he was coerced for his medicaid housing and medical services. Although the informant remains hostile tcward Desiree and her family, he provided recanting testimony.
Desiree's ex-husband, Richardson, used undue influence on the case as a county commissioner and life long friend of the trial judge and associate of the trial officials. Richardson is not to be confused with Royce Shaw, the deceased. The commissioner also influenced the jury panel and prevented Desiree's daughters from testifying in her favor by threatening them that Judge Goodwin would hold them in contempt for perjury, if they recanted their 1993 "mailbox" incident statements. The complicity of judges in the explosion of wrongful convictions in Texas is dangerous for innocent people according to experts. The trial judge in this case was state favoring in his attitude, non-verbal behavior and actions. It is amazingly easy for a judge to fix a trial by manipulating the jury selection process, deciding which witnesses testify, and what testimony they are allowed to give, determining the evidence introduced, deciding which objections are sustained or overruled, conveying to the trusting uncritical untrained jurors how the judge perceives the defendant and her lawyer. Judge Goodwin implied a presumption of guilt in his instructions and how they should be applied to the facts he allowed to be heard.
Commissioner Richardson bragged off record that he had the judge, the prosecution and Texas ranger in his pocket. Lufkin Daily News and Diboll Free Press published statements by trial counsel Heath quoting him that there was "NO EVIDENCE" that Desiree Shaw committed a criminal offense, and supported facts at trial that Heath ommitted a case-in-chief only minutes after the state rested its case. It is interesting that the critical evidence discovered at trial disappeared or was destroyed immediately after trial according to the retiring court reporter.
A photo was discovered at trial showing the gun beside Royce at 09:49 A.M. The police removed Desiree from the scene before 07:00 A.M., and they examined the gun and removed the empty shell and bagged it as evidence at 08:35 A.M., while Desiree was consoling her family at the neighbor's (Huizer's) and writing a statement at 08:30 A.M. The defense team, prosecution, judge, and state crime scene expert examined the photo during trial and the judge suddenly called a recess. Upon return the trial counsel was confused and unable to complete a train of thought because of a hypoglycemic-like episode. The prosecution explained that perhaps the investigator "forgot" how he photographed the scene, but this explanation does NOT address the time discrepancy that the gun was picked up and the cartridge removed over an HOUR BEFORE the photo shows the gun beside Royce again. The photo was lost or destroyed immediately after trial. But a substitute photo was deliberately provided to the Ninth District Court of Appeals - which was not discovered until AFTER the appeal was denied when the Clerk provided a copy of the exhibits instead of destroying them.
On appeal, the state claimed Heath merely double labeled the photo, but still did not address the time discrepancy that demonstrated it would have been impossible for Desiree to have restage the scene where she was never allowed back into the scene after police arrived.
A couple of years later, it was discovered during a collateral Texas EMS investigation that Charley Harris RESTAGED the scene when his second functioning camera arrived for pictorial purposes. However, Harris never volunteered the information and was not forthcoming at trial about how he photographed the scene. Harris RESTAGED the scene intentionally or inadvertently for the record, but deliberately
withheld the most critical piece of exculpatory evidence that shows that Desiree Ann Shaw is innocent and explains how the gun was beside Royce with a pair of white cotton briefs, just as Royce had a habit of using with all his guns. The State side steps the issue in its response to the State Writ of Habeas Corpus, and the issue has not been conidered on its merit.
The piece of evidence that contradicts the state's hypothesis or theory in the case is lost or destroyed immediately after trial. The prosecution told the jury that Royce wanted a divorce and that he came home in the early hours of August 11, 1996 and told Desiree he wanted a divorce. The prosecution told the jury Royce had an appointment with a lawyer August 12, 1996 although that false statement has been ruled out by Royce's civil attorney and all surrounding legal community.
The prosecution told the jury that Desiree shot Royce and "wrapped" his gun in a pair of briefs to look like something other than a homicide or suicide without a factual basis for his claims and despite clear and convincing evidence rebutting his claims made as fact to the jurors.
Desiree Shaw was entitled to Due Process before the jurors or finders-of-fact could make credibility determinations on the facts alleged by the State that were based on weak circumstantial evidence and circuitous information suppressing exculpatory and mitigating evidence readily available to the prosecution. Any controverted "facts" found by the State court while Desiree was deprived of effective assistance of counsel to test the adversay process, necessarily result from an UNREASONABLE DETERMINATION of those facts, and hence are not entitled to a presumption of correctness by anyone reading this analytical synopsis, or by the court.
There is NO EVIDENCE that Desiree and Royce argued or that Royce told Desiree he was unhappy with their marriage. She did not know he was visiting with co-workers at work and had no way to know, if what they claim Royce said to them was fact or whether he intended to act on any comments he may or may no have made. Royce was known for making threats that he had no intention of following up on.
Gerald Piechocky, the criminal justice expert recommended a psychological autopsy of Eddie Royce Shaw, Sr. P.A.'s are most commonly used in cases of suspected suicide or homicide in an attempt to reconstruct the personal life and character of the deceased. Heath did not call Piechocky to testify at trial or request the post mortem investigation
tool for the defense, and step by step procedure that is capable of judicial notice, to aid in the determination of Royce's death. Mr. Piechocky moved after the trial and it took Desiree almost eight years to find him and obtain a statement from him concerning his critisism of the investigation of the case and procedures. Lack of resources have prevented Desiree from hiring investigators and experts. However her fmaily and friends have courageously done their best to help, support and encourage her. They have contacted all three branches of government and made her situation known. Her mother passed away with a broken heart that our country's criminal justice system is inadequate and a miscarrigae of justice has occurred. Other witnesses and family and friends have died or have been lost over the years (11). Contrary to the Constitution and federal law Desiree was convicted in less than four months of Royce's death without Due Process, and sentenced to thrity-two years in Texas prison without eligibility of parole for 16 years. The Angelina County District Clerk refused to file or respond to Desiree's post-conviction discovery or petitions for several years. However, the Texas Court of Criminal Appeals mandated the State trial court to accept her post-conviction petition for 11.07 Writ of Mandamus and resolve disputed issues of her "colorable" claims. The State presented an untimely and unreasaonble response April 2003. The Texas Court of Criminal Appeals mandate removed the statutory impediment to filing her State Writ (2002). The U.S. district court ordered the Texas Attorney General to show cause why the writ should not be granted. The A.G. claims Desiree could have had her claims reviewed YEARS ago, if she had not "slept" on the right to review by not filing within a year of conviction. The A.G. did not address the Texas Court of Appeals mandate or the
state action that impeded her ability to access the court timely.
Desiree has maintained an active federal writ that was dismissed without prejudice to re-file to have her constitutional claims reviewed when she obtains permission to present a successive §2254 petition to the U.S. Court of Appeals Fifth Circuit. The court does not argue whether there is new evidence, evidence previously undisclosed, or evidence of constitutional claims, but says Desiree may refile WHEN she obtains permission from the Fifth Circuit procedurally to go forward. A copy of relevant court records and exhibits will follow.
Order (pdf, 2 pages)
Texas Court of Criminal Appeals Writ of Mandamus No. 53,448-01, requiring Angelina Co. district clerk to file pro se petition after ignoring petitions and motions from 1998-2002. Lifting impediment caused by State action resulting in inability to timely file state writ of habeas corpus.
September 26, 2002
http://www.bexar.org/bcftl/TOXGUIDE_rev._01-05.pdf
Guidelines For The Collection And Shipment Of Specimens For Toxicological Analysis
Forensic Toxicology Laboratory
Bexar County Medical Examiner's Office
San Antonio, Texas, USA
