Justice for Robert Arthur Moses
Justice for Robert Arthur Moses
Petition for Robert Arthur Moses
Kim Kardashian (Queen of criminal justice reform), Rihanna, Meek Mill, Yara Shahidi, and others recently showed their support for Rodney Reed as mounting evidence of his innocence stayed his execution.
Robert Arthur Moses, a Vietnam Era Veteran, has also maintained innocence and that he was unlawfully convicted of murdering his ex-wife Anna. This petition for Moses presents the evidence that the State of Texas knowingly and unlawfully convicted an innocent person.
Olga Kitchatova, Anna’s mother
"When I came for Anna’s funeral, I asked Bob (Moses) to stay with me at Anna’s house. I would not have asked him to stay with me if I thought he was responsible. Every summer I stayed with Anna, Bob, and my grandson. I never saw Bob harm or threaten Anna. When Bob was arrested, I told the police he did not do it. I told them why I thought it was someone else. They ignored me."
In Rodney Reed’s case Senator Ted Cruz stated, “If there’s a real question of innocence, the system needs to stop and look at the evidence because an innocent man should be set free.”
Evidence and Facts
A) INNOCENCE AND UNLAWFUL CONVICTION. The prosecutor, in the person of Collin County ADA Cynthia Walker, proposed at trial that Anna arrived at her house on Tuesday, January 13, 2015 at 5:50 PM and was murdered by 5:55 PM.
A neighbor, directly across the street, working in his home office from 5:45 PM until 8:00 PM stated that he never saw Anna, her car, Moses or anyone at Anna’s house during that time. He also did not hear multiple gunshots.
Walker withheld Anna’s certificate of death because it stated that Anna’s death occurred on Wednesday 1/14/15 NOT Tuesday 1/13/15. Collin County Coroner, Dr. Rohr, who scientifically certified that Anna’s death was on 1/14/15 (see certificate of death), testified at trial, but failed to mention this.
WHY? So that Walker could intentionally and unlawfully convict an innocent person.
The State, without jurisdiction, indicited Moses for the the charge of murder on the 26th day of February, 2015 even though the State knew by the certificate of death that the victim was murdered on 1/14/15. Then the State amended the indictment to say the 13th of January, 2015, when again the State knew by the certificate of daeth that the victim was murdered on 1/14/15.
Why lie to the Grand Jury about 2/26/15?
Under Texas Law, Article 38.22, by Anna’s certificate of death, “a presumption exists that death occurred at the time stated in the certificate of death.”
Also under Texas Law, Article 38.04, “the jury in all cases, is the exclusive judge of the facts proved and of the weight to be given to the testimony, except where it is provided by law proof of any particular fact is to be taken as either conclusive or presumptive proof of the existence of another fact.”
Anna’s certificate of death is “proof of the existence of another fact” which under Texas Law, would have compelled the jury to accept that Anna was murdered on 1/14/15 NOT 1/13/15 and to reject Walker’s intentionally unlawful theory
B) FALSE DNA EVIDENCE. Anna’s car was not at her house when she was found. Anna’s car was discovered at 1:50 AM on 1/15/15 a few blocks from her house, more than 32 hours after Walker’s false and unlawful timeline.
Former Frisco Police Det. Brian Tschudy presented to the Grand Jury and at the trial that he observed Anna’s car soon after it was found on 1/15/15. Tschudy stated that a stain, which contained the DNA of Moses, Anna, and possibly other persons, was “fresh.”
He stated this even though DPS forensic scientist Nicole Mullins told him that there was NO known way to determine this. A defense witness testified that the stain had been in the car for more than a year. The car was owned by Anna and Moses for 4 years prior to their divorce and it was known that Moses drove it a few weeks prior to Anna’s murder.
Tschudy has admitted, under oath, that he never saw the car or stain on 1/15/15, that he only saw the car on 1/19/15 at DPS. This makes the theory that the stain was “fresh” a known false statement.
C) JURY. On the morning of November 2nd, 2016, after closing arguments, the jury went into deliberation. In the early afternoon, the jury, which had been denied by Judge Becker, their right to take notes, because Judge Becker did not want his bailiff to be “bothered” which sequestering their notes everyday, requested that part of the trial record be read back to them.
During the reading, defense attorneys noticed that most of the jury stared at one juror. Later, after a second reading, defense attorneys noticed that all 11 other jurors stared at one juror. This juror appeared distraught, as if she had been crying.
Later Judge Becker let it known through his bailiff that he was keeping the jury late to get a verdict that day. The jury later requested they go home and were released.
In the parking lot, Moses heard the distraught juror being told by another juror:
“CHANGE YOUR VOTE, SO THAT THIS WILL BE OVER!”
Defense attorneys, Cody Skipper and Toby Shook refused to notify the court of this. There are text messages by these attorneys.
D) NO JURISDICTION Moses was arrested on 2/26/15. Under Texas Law Act 15.17 Duties of arresting officer and magistrate, an accused MUST make a determination whereby a magistrate MUST make a determination by probable cause. Without a determination of probable cause, an accused MUST be released.
The Docketing Sheet for Moses under cause no. 219-81377-2015 reflects NO Magistrate Notification.
The State was required to release Moses after 48 hours. The State had no jurisdiction to continue to hold Moses, to go before a Grand Jury, to Indict or Convict.
All of these actions are void, as a matter of law. There is "the constitutional right to appear before a judge who can determine there is cause for an arrest."
The State's attorney (Collin County Texas District Attorney, Greg Willis, 972.548.4323, www.collincountyda.com must secure the release of Moses as neither the State nor TDCJ has jurisdiction to continue to unlawfully incarceration.
Moses has presented evidence of his innocence and unlawful conviction to the 219th District Court of Collin County Texas, The Court of Appeals, Fifth District at Dallas and the Texas Court of Criminal Appeals in his request for a new trial.
Texas Law, Keeter v State of Tesas, 74 SW 3d, states, “Under the test supplied by the Legislature, if a convicted person can show three elements (1) there is a material evidence (Anna’s certificate of death) (2) it is favorable, and (3) it has been discovered since trial, the trial court must grant the motion for a new trial.”
The trial court (219th District Court- Judge Jennifer Edgeworth) denied Moses a new trial, a blatant attempt to ignore the law. The Court of Appeals and the Texas Court of Criminal Appeals have also ignored the law.
WHY? Because admitting such a gross, unlawful conviction of an innocent person, would embarrass those involved.
Moses has filed complaints with the FBI (Dallas) and Texas Attorney General requesting an investigation into the unlawful conviction.
Texas Law under Article 32.02 Dismissal by state’s attorney, where in it states, “The attorney representing the State (of Texas) may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in in the case setting out his reasons (in the interest of justice and fairness) for such dismissal.”
WE, the undersigned, believe it is a travesty of justice to deny Robert Arthur Moses the chance to present evidence which was intentionally and unlawfully withheld.
WE, demand that:
1. Robert Arthur Moses be granted a new trial where the unlawfully withheld evidence can be presented to a jury.
2. The State’s attorney, under Texas Law, Article 32.02, file to dismiss the unlawful criminal action against Robert Arthur Moses.
3. The FBI and/or Texas Attorney General investigate this unlawful conviction.