State of Texas v. Calvin E. Washington

Waco, Texas: Defendant, African American Calvin E. Washington, was charged with the rape and murder of Juanita White who awas killed on or about March 1, 1986.



Juanita White was found dead in her home, beaten and raped, on the morning of March 2, 1986. The front door of her house had been kicked in. She had returned home from work about 10:00 p.m. on March 1. The jury was charged under the law of parties, the State having alleged in the indictment that Appellant, either acting alone or as a party with Calvin Washington, intentionally killed Mrs. White in the course of committing burglary or sexually assaulting her. The State produced evidence that Appellant and Washington were in possession of Mrs. White's car on the morning of March 2, that Appellant told several witnesses he had committed the burglary, that bite marks were on the body, and that Washington was overheard telling an unidentified female that Appellant had bitten the deceased and why.



Defendant pleaded not guilty.



The State of Texas claimed that Washington acted alone or as a party with Joe Sidney Williams, intentionally killed the victim in the course of committing burglary or in the course of sexually assaulting her.



The State introduced evidence at trial to prove that Defendant was involved in the sale of some of the victim's belongings shortly after the crime and that bitemarks on the body of the victim were likely made by Williams' teeth.

On December 11, 1987, a jury convicted Washington of capital murder, but assessed a life sentence when it failed to affirmatively answer all of the questions required by article 37.071.



On August 1, 1991, the Court of Appeals of Texas, Waco affirmed the conviction.



On October 14, 1992, Washington's conviction was set aside because the District Court erred in allowing the admission of inadmissible prejudicial evidence.



On appeal, the Court of Appeals of Texas, Waco in affirming Washington's conviction held:



"This court affirmed Appellant's capital murder conviction in an unpublished opinion. However, the Court of Criminal Appeals remanded the case for our reconsideration of Appellant's first point of error because we did not give "substance" to the requirement of Rule 801(e)(2)(E) that coconspirators' statements be made not only "during the course" but also "in furtherance of" the conspiracy. See TEX.R.CRIM.EVID. 801(e)(2)(E); Williams v. State, 790 S.W.2d 643 (Tex.Crim.App. 1990). After remand, we issued an opinion dated March 28, 1991, but withdrew it on April 4. Having reconsidered Appellant's first point, we hold that the statements were not made "in furtherance of" the conspiracy, and so were not exempted from the hearsay classification under Rule 801(e)(2)(E), but were nevertheless properly admitted under the exception to the hearsay rule allowing statements against interest."



Subsequently, DNA testing showed that body fluids collected by the Waco Police Department did not match Washington's DNA.



Washington was released from prison on July 5, 2001, and he was pardoned by Governor Rick Perry on October 9 of that year.



Washington received $374,999 in compensation and a monthly annuity of $4,300.

Washington was convicted because perjured testimony, the admission of misleading or false forensic evidence and official misconduct on the part of Waco police department detective Truman Simmons.