Topic: Daniel Acker
Date: October 8, 2018
On September 27tha man that was innocent of murder was put to death. His case was the shining example of the death trap that is the Texas Death Penalty. Daniel Acker never had a fair trial nor appeal. His death shows they kill us on technicalities. We do not get off from them. To the points of fact. #1. At trial a rookie intern medical examiner testified the victim was strangled to death. Counter- Another medical examiner of proper training discredited those findings. #2. The Prosecutor withheld those findings until after Daniel was denied by the Court of Criminal Appeals. They then turned it over to his lawyer. Once he was out of state court he was then locked into the AEDPA act while in Federal court. If the state doesn’t review a claim a fact, the Federal court can’t review it. IE: Procedural Barred. The C.C.A said in their State court opinion, “But for the damaging evidence of strangulation…” Showing this “false evidence” was seen as value. The prosecution knew this was false. The Law- Texas Penal Code Sec. 37.10 – Tampering with a Government Record. (a) A person commits an offense if he: (3) intentionally destroys, “conceals”, removes, or otherwise impairs the verity, legibility, or “availability” of a government record; (2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the government record was: (B) a written report of Medical, chemical, toxilogical, ballistic, or “other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; so as the law says, the Prosecutor not turning over that new medical examiners report. It is a 3rddegree felony. Which is punishable of 2 years to 10 years in TDCJ. The prosecutor is an unindicted Felon. Plain & simple. #3 Daniel’s 11.071 writ lawyer filed Daniel’s “letters” as his appeal! The C.C.A enacted policy limiting lawyers allowed to represent Death Penalty cases on 11.071 writs due to Daniel’s Case. The Austin American Statesman Newspaper did news stories about these facts! Look them up! I think was in 2004, maybe 2003. #4 The medical examiner that totally screwed up & said strangulation, she testified on a guy from Montgomery County, Tx. A Mr. Robbins. Her false testimony is why Robbins is free now. C.C.A cite is exparte Robbins 478 S.W.3d 678 (Tex. Crim. App. 2014) & other filings. Due to the ping pong efforts of C.C.A to avoid giving Mr. Robbins the justice he deserved. The Texas Legislature in the 83rdLeg. Enacted S.B344 effective September 1, 2013. Article 11.073 – A writ to attack false science & experts basically. They expanded the law in relation to the C.C.A not properly following it with H.B 3724 in 2015! So the same lady that lied in Robbins case, lied in Daniels case. Robbins was a non-death penalty case, Conclusion- Robbins – Free. Daniel – Dead. #5 The prosecutor in Daniels case said tire marks was acceleration marks. The D.P.S- highway patrol said skid marks. The D.P.S investigates all traffic related incidents. They are the experts.
Counter to D.A- Daniel was driving a full size work truck. A Ford F-350 Dully with a 1,000 lb tool box on the back & additional railing to hold tools & pipes. Please google Ford F-350 Dully work trucks. They have 6 wheels, 4 on the back and 2 on the front. The transmission is geared to haul & pull, not for high speed. With the added weight, a dully truck will not peel out & leave rubber. It damn sure wouldn’t with the front wheels. It is not a front wheel drive vehicle. It is rear wheel. If it was 6 wheel drive it still, matter of fact it would even less likely peel out. The laws of friction denounce the D.A’s claim. If you had such a truck & it was a manual transmission. You could press clutch in, drops into first gear & floor the accelerator for a full 10 seconds, then pops the clutch. It would NOTburn rubber like a sports car. More so with a 1,000 lb extra weight on the rear axle. The four back wheels are there to make sure the tires gain grip. DO 18 wheelers burn rubber? NO! Nor do Ford F-350 dully work trucks! #6 Daniel ran over her. – The physical evidence fails to show this.
#7 The victim was thrown from the truck. – Counters. In a full size truck a person cannot drive the truck at 40 mph, reach across the seat to the passenger door over a meter away! Open the door against the wind resistance & throw a grown woman out with enough force that she hit her head at the top of the passenger door frame. #8 Daniel forced her in truck. – Counter- he sat her on the ground & she crawled up into the truck. Now, under letter of law, Daniel could not be guilty with non-aggravated kidnapping as indicated. As he didn’t restrain her in the truck. Sadly, the way the law is, it traps a case like Daniels. Now people can say “he made her get in the truck.” He didn’t restrain her. He sat her down beside the truck. Let me get to cultural norms & such. My European readers might not see it the same. Though small town country boys & girls from the U.S will. See, a country boy that is a decent guy isn’t going to kick a woman out of the house & make her walk off in the dark. More so, back when cell phones were not as common. Many of men have told a woman “get your purse & get in the truck.” Might even grab her purse and her and carry her to the truck like Daniel is said to have done. She might be crying and saying sorry and all this. He puts her in the truck & then takes her to her mom, or sisters house or such. He gets out at the house, she might still be crying & all this. Her mom comes out, maybe her dad. He thrown her purse onto the lawn & pulls her out of the truck & sets her on the grass. When asked, “what’s going on?” He might respond for example, “Bonnie, I put a roof over her head, I put food on the table and all she wants to do is whore around. I’m done with her!” Then gets in his truck and leaves. Her parents then would shake their head & go back in the house, might even say something like “you need to grow up!” A good country boy, he isn’t going to beat her or leave her on the side of the road. He is going to get her some where safe. Mother, sisters, friends or such. Older folks from the south when seeing that type of action would see him as “a boy that was raised right.” Now a low life dude will do like a guy I know did. He stripped his ex naked, took her to the South Side of Longview Texas in a crack infested area. He got her out of the car, honked the horn and when he seen a group of black guys come out, he yelled “yall can have her” and he left. With the idea that a naked white woman in such an area would be gang raped. Now, that is some foul stuff. It is what a piece of shit person would do. My Point is this: Daniel did what countless others have done. Only it had a tragic ending. The physical evidence matches her jumping out of the truck hitting her head & then not clearing the tool box. The side of which hit her on the head, snapping her spine. Marquetta George had a history of jumping out of moving cars. She done it from a patrol cop car & another person’s car. Several times! Judge refused to let Daniel present that evidence! She was “NOT”ran over by Daniel. Daniel was going to ask the guy she was with that night if they had slept together. She didn’t want that confrontation & tried to jump from the truck. It was not a capital murder. Daniels case is an example how unethical prosecutors, bad experts, and lawyers can so easily result in a person being executed for a crime he didn’t do. Was NOcrime! The key is intent. He had no “intent” to kill or harm. I know there is some women on my fakebook or such reading this that has been on a couch crying and her boyfriend or husband has yelled at her “get your purse and get in the fuckin’ truck I’m taking you..” People that have been exposed to or a part of the drug scene, they know of a brother, husband, father or such that has went to a dope house or such. Grabbed a woman that was strung out & made her go somewhere safe like home. The letters of the law it is kidnapping in a way. Though any decent man would do it. The “police state” wants everyone to call the cops for everything. Which of you called cops & they bust dope house. Then she would go to jail & drug dealers would be wanting to retaliate! Just worse for all. These situations are real. My point is this: Daniel Acker was a big ol’ country boy from a small town in Texas. His actions was not so rare as to be abnormal. The letter of the law does not match up with ways our environment shapes us. The key element is “element.” If Daniel was beating on the woman & kicked her out of the truck & another car hit her. I wouldn’t have wrote a word. As such just wouldn’t be right to do. (He clearly didn’t even restrain her.) Imagine you are the provider. Your partner stays out all night & comes home with another. Would any of us not be emotional? The reporter Jolie McCullough of the Texas Tribune wrote, “But there are multiple theories as to what happened..” Well, Ms. McCullough, if there are “multiple theories” & all this uncertainty then why is Daniel Acker dead? Maybe you could report the answer to that. Lady Justice weeps for that answer.
Clinton Young #999447
D.R. Polunsky Unit
3872 FM 350 South
Livingston, TX 77351