Witnesses for the Wrongfully Convicted
(click on Roger's name or picture to read his story)
This petition
is directed to the Harris County District Attorney's Office in Harris county, Texas: Two women,
Christine and Paula Trent conspired and had Robert McClendon thrown in jail and
prosecuted on false charges that could not be proven. During his trial, the two
women perjured themselves during their testimony repeatedly, jeopardizing the
outcome of his trial. We are requesting that you and your staff investigate by
reading the court transcripts and follow the law by prosecuting them for
aggravated perjury. The evidence is in the transcripts! Your office relied only
on false statements by Christine and Paula Trent to prosecute Robert McClendon.
Precinct 4 constables and the DA's office did not do any investigation at all.
The real criminals were right under your nose and you let them get away. This
whole situation has "FELONY" stamped all over it, and a man's life was ruined
because your office did not investigate. Also don't let me leave this out. We
have evidence that Paula Trent tampered with a key witness by threatening to
have him arrested if he testified for Robert. The witness, not understanding the
laws, got scared and fled back to his home country of Honduras.
The tax payers, which include me and my family, have been paying you and your
staff for seven years to do your job, now it is about time you do just that,
investigate this case, prosecute the real criminal and expunge the record of
Robert McClendon.
§ 37.02.
PERJURY. (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 37.03. AGGRAVATED PERJURY. (a) A person commits an
offense if he commits perjury as defined in Section 37.02, and the
false statement:
(1) is made during or in connection with an official
proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 37.04. MATERIALITY. (a) A statement is material,
regardless of the admissibility of the statement under the rules of
evidence, if it could have affected the course or outcome of the
official proceeding.
(b) It is no defense to prosecution under Section 37.03
(Aggravated Perjury) that the declarant mistakenly believed the
statement to be immaterial.
(c) Whether a statement is material in a given factual
situation is a question of law.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 37.05. RETRACTION. It is a defense to prosecution
under Section 37.03 (Aggravated Perjury) that the actor retracted
his false statement:
(1) before completion of the testimony at the official
proceeding; and
(2) before it became manifest that the falsity of the
statement would be exposed.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 37.06. INCONSISTENT STATEMENTS. An information or
indictment for perjury under Section 37.02 or aggravated perjury
under Section 37.03 that alleges that the declarant has made
statements under oath, both of which cannot be true, need not allege
which statement is false. At the trial the prosecution need not
prove which statement is false.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.