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1982 Lake Waco Murders

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This case is technically "solved"; however, many questions remain (not the least of which is: was an innocent men executed?). I was living in Waco for several years; left a couple of months before this happened. I knew Vic Feazell casually- he was having trysts w/ my room mate. My impression of him was/is *smarmy*- not just because he was married & screwing around, but because he literally came across that way- just exuded ego, anything for attention, nasty personality in general. Also, the media makes this case sound like an aberration in Waco, and, honestly, it wasn't. I sobered up in 1980; in early 1981 an acquaintance from the program & her boyfriend went to Koehne Park to try to score some weed; the boyfriend was shot and killed. It wasn't at all unusual for people to be shot, stabbed, etc. in Waco- I worked in medicine, and not a weekend went by without shootings & stabbings coming into the E.R. Anyway, will comment more later; hope to hear others' opinions!
<snip>
The 1982 Lake Waco Murders refers to the deaths of three teenagers (two females, one male) near Lake Waco in Waco, Texas, in July 1982. The police investigation and criminal trials that followed the murders lasted for more than a decade and resulted in the execution of one man, David Wayne Spence, as well as life prison sentences for two other men allegedly involved in the crime, Anthony and Gilbert Melendez. A fourth suspect, Muneer Mohammad Deeb, was eventually let out after spending several years in prison.
<snip>
On July 13, 1982, two fishermen discovered the bodies of Jill Montgomery, 17, Raylene Rice, 17, and Kenneth Franks, 18, in Speegleville Park, near Lake Waco. Franks' body was found propped against a tree, with sunglasses over his eyes. All three victims had been repeatedly stabbed, and both of the women's throats had been slashed. There was also evidence that the women had been sexually assaulted.[1] <snip>
The investigation was initially headed by Lieutenant Marvin Horton of the Waco police department, with assistance from Detective Ramon Salinas and Patrolman Mike Nicoletti. Truman Simons, who was with the Waco police department at the time and had been one of the first respondents on the scene of the crime, also assisted the investigation in an informal capacity.

Initially, the investigation revealed a number of different possible suspects, including James Russell Bishop [2] and Terry Harper, local residents who had been tied to the area at the time of the crime. However, both men were found to have credible alibis (Harper's was later proven false when Spence's attorneys investigated it), and in September of that year, the investigation began to stall and was marked as "suspended." Simons, who had taken a significant personal interest in the case, requested that he be given permission to continue investigating the case, which he was subsequently granted.

<snip>The case languished for nearly a year, until the work of Simons and others had produced enough evidence to again arrest Deeb and three alleged accomplices in the plot.[4] Deeb had had a life insurance policy for one employee at his convenience store who bore a striking resemblance to Jill Montgomery. Simons hypothesized that Deeb had hired David Wayne Spence to murder her, and that Spence and two friends, Anthony and Gilbert Melendez, had seen the victims and mistaken Montgomery for the target. They speculated that the other two victims had been murdered because they were witnesses.[5]
<snip>
Deeb, Spence, and the Melendez brothers were all indicted late in 1983. District Attorney Vic Feazell, whose office had been instrumental in continuing to pursue new evidence in the case, would manage the prosecution against the accused.[6] Spence and both Melendez brothers were, at the time, already serving prison sentences for various crimes.[7]

The evidence against the men largely consisted of testimony provided by other inmates, who claimed that the defendants had admitted to their involvement in the killings in private discussions, as well as confessions made by Anthony and Gilbert Melendez. Also considered was the confession Deeb had made to the two young women about his involvement in the killings, as well as the life insurance policy he had taken out for his employee. Bite marks on the victims were also presented as evidence of Spence’s involvement.

The trials began in May, with testimony from dental specialists supplementing the evidence that had been provided by the prison witnesses. In June, Anthony Melendez pleaded guilty to the crimes and was sentenced to life imprisonment.[8] Spence’s case was badly damaged by Melendez’ confession, which played a key role in his eventual conviction in July 1984. Unlike Melendez, Spence was sentenced to death for his involvement in the killings.[8]

<snip>
In 1986, true-crime writer Carlton Stowers published his account of the murders and police investigation surrounding the Lake Waco murders, Careless Whispers. The book focused heavily on Truman Simons’ involvement in producing the evidence which led to the convictions.
<snip>
Controversy
Following the convictions of Spence and Deeb, some began to question the substance of the evidence on which the convictions had been based and the methods through which it had been obtained. Forensic odontologist Homer Campbell was proven to have made false assessments at around the same time, and when a blind panel examined the alleged bite marks and a mold of Spence's teeth, three said that the marks were not even bite marks, and the other two matched them to a Kansas housewife.[citation needed] Three of the seven people who said Spence confessed later stated that Simons had offered them privileges in order to secure their testimony and had fed them info on what to say.[citation needed] Spence's lawyers also discovered an alternate suspect in Terry Harper, a local thug with a history of knife-related offenses. Six witnesses testified to seeing Harper and his friends in the park on the night of the murder, and others claimed that he had boasted of committing the murders (some even said that he did this even before the crime was made public).[citation needed] Also, one of the victims, Kenneth Franks, was later found to have been an associate of Harper's in the drug trade.[citation needed] When Harper was interviewed by Spence's lawyers, he claimed that he was at home watching Dynasty; records showed that Dynasty did not air that night.[citation needed] Brian Pardo, a wealthy Texas businessman, met Spence a few months prior to his execution and, on becoming convinced of his innocence, launched a campaign to delay his death sentence so that a new trial could be commenced. His efforts were unsuccessful, but they brought attention to the case following Spence’s execution.

Bob Herbert wrote a series of articles for The New York Times in 1997, with headlines such as “The Wrong Man” and “The Impossible Crime,” in which he claimed that the case had been “cobbled […] together from the fabricated and often preposterous testimony of inmates who were granted all manner of favors in return.” [12]
 
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@BKL67 , would you mind reading through the above case when you have time? I'm going through it now, and, interestingly, Simons & Jan Price are referenced fairly heavily (IMO). Very curious as to your feedback. Thanks!
Edited to add: more bite marks- hmmmm...
 
An excerpt from a book found on Google titled Grave Injustice: Unearthing Wrongful Executions. Chapter on Spence & Simons' use of jailhouse "snitches"
 
Another excerpt from a different book: Wrongful Conviction: International Perspectives On Miscarriages of Justice
 
Ok, @BKL67 , keeping in mind that I'm not what you'd call a linear thinker (I'm more scatteted; more inclined to focus on any point that jumps out at me, unless the whole case is presented to me in a cohesive fashion), I have a couple of questions regarding what I've read so far. First, if, in fact, the murders were committed in Koehne Park, wouldn't there have to be *some* blood evidence and evidence of struggles there? Was Spence's car, in which this document states he murdered Kenneth Franks, processed for blood evidence/DNA? If not, do you know why? Also, Speegleville is NOT close to Koehne...it's across the lake, and I'm guesstimating it would take a good half hour to 45 minutes at the least to get from Koehne To Speegleville. If I recall correctly, the roads to Speegleville aren't even connected to Koehne- you have to get on a highway with 2 bridges to get to Speegleville, and it's a LONG route.
Also, and this isn't in reference to the above document, it troubles me that none of Spence's or the Melendez brothers' DNA was found on the bindings, or the bodies. Your thoughts?
 
Oh, also, doesn't the above document rely heavily on the mistaken identity theory (which we both agree was weak, if not completely ludicrous?
 
@GarAndMo39, how am I going to wrap my little mind around all this? Let me start with your last post, I didn't take time to read it all I just wanted to see the date, it is something I have read before. The Texas Attorney General, who is still the top law enforcement officer in the state already put the quash on this. This was after Bernadette Feazell was running her mouth off about how they had found a liberal judge that agreed to hear the case and was hoping the judge's political leanings would influence her decision, apparently Bernadette isn't very bright because she then went on her sight bashing the lawyers that were telling her to shut up, I guess she didn't know, which I find hard to believe, that fishing for judges, the term used for trying to find a judge that will give you a favorable ruling, is looked down upon in the legal community. Another judge that is willing to hear the case as not been found to date which will be hard to do because now they have to find a judge that will over turn the A.G.'s decision, highly unlikely. I know we don't like but it does get political along the way.
 
C2: Koehne Park

  • Located on the east shore, South Bosque River. From Valley Mills Drive in Waco, go west to Lakeshore Drive and watch for sign.
B2: Speegleville Park

  • Located on the west shore. From I-35 in Waco, take Texas 6 north 6 miles. Exit right onto the access road immediately after crossing Twin Bridges over the lake. Go 3/4 mile and exit onto overflow road; continue to park entrance.
 
@GarAndMo39, how am I going to wrap my little mind around all this? Let me start with your last post, I didn't take time to read it all I just wanted to see the date, it is something I have read before. The Texas Attorney General, who is still the top law enforcement officer in the state already put the quash on this. This was after Bernadette Feazell was running her mouth off about how they had found a liberal judge that agreed to hear the case and was hoping the judge's political leanings would influence her decision, apparently Bernadette isn't very bright because she then went on her sight bashing the lawyers that were telling her to shut up, I guess she didn't know, which I find hard to believe, that fishing for judges, the term used for trying to find a judge that will give you a favorable ruling, is looked down upon in the legal community. Another judge that is willing to hear the case as not been found to date which will be hard to do because now they have to find a judge that will over turn the A.G.'s decision, highly unlikely. I know we don't like but it does get political along the way.
Your little mind??? Give me a break, pal- you've had me reeling since day 1!:D
 
@GarAndMo39, just to be clear at this moment I am not taking the time to read all these documents, I wouldn't have time to try to reply. I have read them all in the past, so for now I going by what I can recall. The last document you mentioned is Deeb's original appeal I believe, the other Deeb document I posted was the supplement appeal, that's why own description I don't know the legal or official term. When the court first reviewed Deeb original appeal, which Deeb had done all the legal research on his own and filed without any legal representation the court found it had many repetitive issues. To clear this up the court appointed an attorney to clean up Deeb's appeals. Deeb was opposed to this, there was a time factor involved and Deeb believed whatever attorney that was appointed wouldn't have time to fully understand the case. Well the attorney that the court appointed cleared up the original appeal, which was with in his court ordered purview but in doing so he found other issues, At first the court decided not to hear this additional issues, then they reversed their decision and heard the additional issues. None of the issues brought up in the second appeal went in Deeb's favor and this document is usually overlooked because Deeb had already been granted a re-trial on his first appeal and the second appeal didn't change anything but there is some very interesting information in the second appeal that you don't see in the first.
 
GarAndMo39, on the questions as to the crime scene, the stuff you just mentioned about blood or blood splatter or blood spray and any appearance were also absent at the scene at Speegleville Park, leading all the officers to believe the crime had taken elsewhere, this is in all the police reports, even Ramon Salinas that seem to change his mind after the whole fiasco with the Juanita White murder. But he clearly states in his report on the day the bodies were discovered he thought they murders had taken place somewhere else. remember Kenneth Franks still had on his sunglasses and bandanna he had been wearing and neither looked liked they were out of place which you would expect if there was a struggle. Kenneth was just laying there with both perfectly in place giving the impression some one had laid the bodies there.

On the Koehne Park scene, and this is the big one, Waco PD did not become aware of this possible crime scene until December 1982 when a girl called the tip into the Crime Stoppers hotline and when they did get the information they did nothing with it, luckily some one working in the Waco PD passed it along to Truman Simons. In Careless Whispers Truman states he still had friends in the Waco PD after he left and they would pass him information, I believe this was one of those times. The girl that called was Josephine Scionti, she was Clifford Oliver's girlfriend on the side at the time of the murders, he was married at the time was that marriage was nearing the end. Josie claimed when Clifford return from his Navy boot camp they got together with her sister and her sister's husband and Clifford took them to where the murders had occurred, explained or showed them the way the killers took to get into the woods and told them David Spence had shown and/or told him this. During pretrial motions before David's first trial his attorney, Russ Hunt was able to get enhanced interrogations, that included hypnosis, fanned from the trials, Josie had been hypnotized and therefore her testimony was inadmissible and she never testified and none of the juries ever herd about this. They heard about the Melendez brothers pointing out the scene but it was Josie that first gave law enforcement this information. When the Melendez brothers went, separately I remind you, they both came with in of the same area has Josie had taken law enforcement. I would add the state of Texas has changed their stance on enhanced interrogations and they are now allowed, any new trial on this case this testimony would be allowed. So the Koehne scene wasn't discovered until 5 months after the murders and it was outside, that was more than enough time to wash away any blood. By comparison the Speegleville scene was discovered within 20 hours after the crime, you would still expect to find some blood, most likely spray on the trees or underside of leaves as the killer drew back the object, knife, he was using, stabbing multiple times, the blood would spray off the blade, none of this was found, Jill was laying in what was considered a heavily wooded area.
 
GarAndMo39, on the questions as to the crime scene, the stuff you just mentioned about blood or blood splatter or blood spray and any appearance were also absent at the scene at Speegleville Park, leading all the officers to believe the crime had taken elsewhere, this is in all the police reports, even Ramon Salinas that seem to change his mind after the whole fiasco with the Juanita White murder. But he clearly states in his report on the day the bodies were discovered he thought they murders had taken place somewhere else. remember Kenneth Franks still had on his sunglasses and bandanna he had been wearing and neither looked liked they were out of place which you would expect if there was a struggle. Kenneth was just laying there with both perfectly in place giving the impression some one had laid the bodies there.

On the Koehne Park scene, and this is the big one, Waco PD did not become aware of this possible crime scene until December 1982 when a girl called the tip into the Crime Stoppers hotline and when they did get the information they did nothing with it, luckily some one working in the Waco PD passed it along to Truman Simons. In Careless Whispers Truman states he still had friends in the Waco PD after he left and they would pass him information, I believe this was one of those times. The girl that called was Josephine Scionti, she was Clifford Oliver's girlfriend on the side at the time of the murders, he was married at the time was that marriage was nearing the end. Josie claimed when Clifford return from his Navy boot camp they got together with her sister and her sister's husband and Clifford took them to where the murders had occurred, explained or showed them the way the killers took to get into the woods and told them David Spence had shown and/or told him this. During pretrial motions before David's first trial his attorney, Russ Hunt was able to get enhanced interrogations, that included hypnosis, fanned from the trials, Josie had been hypnotized and therefore her testimony was inadmissible and she never testified and none of the juries ever herd about this. They heard about the Melendez brothers pointing out the scene but it was Josie that first gave law enforcement this information. When the Melendez brothers went, separately I remind you, they both came with in of the same area has Josie had taken law enforcement. I would add the state of Texas has changed their stance on enhanced interrogations and they are now allowed, any new trial on this case this testimony would be allowed. So the Koehne scene wasn't discovered until 5 months after the murders and it was outside, that was more than enough time to wash away any blood. By comparison the Speegleville scene was discovered within 20 hours after the crime, you would still expect to find some blood, most likely spray on the trees or underside of leaves as the killer drew back the object, knife, he was using, stabbing multiple times, the blood would spray off the blade, none of this was found, Jill was laying in what was considered a heavily wooded area.
Ok, but didn't Koehne Park come up in the initial investigation (as in within hours, if not less)- after all, Raylene's Pinto was found there. You'd think the area near/around the car would have been closely examined. (I would have closely examined it- of course, I'm not a cop- I just play one on T.V.)...
 
GarAndMo39, I'm sorry I bouncing around, I'm just going along as things come to me. But back to the Deeb document, you said in that document it states Kenneth was killed in David's car, I could be wrong but I don't recall that, that's why I mentioned the second document because in that document Deeb or his attorney is arguing that David's car wasn't even running at the time and I would add that is what Christine Juhl now says even though that is not what she said at the time. And Deeb wanted to call Christine and the mechanic to testify for the defense in his original trial, Christine refused and the mechanic had already passed away by the time of Deeb's first trial. No one ever testified that Kenneth was killed in the car, both the Melendez brothers testified they didn't know when Kenneth was killed in the chain of events, they didn't see it happen.
 
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