Roger McGowen is an African American born in Houston , Texas , in 1963.
Although born in particularly underprivileged circumstances, and having
experienced several tragedies before he came of age, Roger
was a young man full of promises and his future looked bright. He was working
as a manager in small, successful restaurant, was the father of a little boy,
taking good care of his sisters, and doing his best to look after his elder
brother whose life of addiction and criminality was fraught with problems.
Suddenly, Rogers life changed radically and turned into an endless nightmare.
He was 22 years old when he was arrested, then accused of a murder he did not
commit, and for which he received the death penalty a little over a year
later, in 1987.
As is often the case for less fortunate African-Americans, a state-appointed
lawyer was assigned to Roger who took no interest in his case, and his whole
trial turned into a travesty of justice. More than two decades after being
sentenced to death, Roger is still on Texas death row, waiting for an appeal
and a chance to prove his innocence.
After years without receiving any visits or letters, Roger came into contact
with European correspondents. Gradually, the extraordinary personality of this
man, who had every right to be bitter, full of hatred, and desperate, revealed
itself through his letters. From the hell that is Texas death row, emerged a
unique being whose spiritual strength, generosity, and loving attitude towards
all very deeply moves anyone who gets to know him, Some of his letters have
been compiled into a book that has become a source of inspiration for
thousands of readers: Messages de vie du couloir de la mort, by Roger
McGowen, in collaboration with Pierre Pradervand, published by Editions
Jouvence in 2003 (www.editions-jouvence.com), soon to be published in
English under the title Messages of Life from Death Row. ( See[The
Book][17] ).
[17]: the_book.html (Messages de vie du couloir de la mort - jouvence
editions)
Rogers life before his trial
Roger Wayne McGowen was born on December 23, 1963, in the Fifth Ward of
Houston Texas, then one of the citys worst ghettos; he was the seventh of ten
children. His parents divorced when he was still a child, and he spent most of
his youth with his mother, a deeply devoted Baptist, and a few years of his
adolescence with his father James. The Third Ward, where his father lived, was
less tough and unstructured, and Roger keeps a luminous memory of those years.
The schools there were slightly better, the streets a bit tidier, the people a
little more open. His step-mother Ernestine encouraged him with his homework,
and he formed a strong attachment for his half-brother Terry. Their father was
an electronic hydraulic engineer; tragically, in his 43rd year, he got killed
by a man who was attempting to rob him in 1982, just as Roger turned 18.
Roger always maintained a very close relationship with his mother, who
communicated to him her very lively faith. In a brief, ten-page
autobiographical document, he describes her in a manner that shows the
profound influence she had on him.
"My mother was a lady who believed strongly in God and looked for the good in
every one. She taught us the value of life, and also the heartache of pain,
which comes from suffering. She was the strongest person I ever knew in my
life, and she remained that way till she was called home to God. And many of
the lessons she taught me have remained with me till this very day. But at the
time, when she was imparting her wisdom to me, I had no use for it. I was
young and thought that I knew everything, only to learn that when I thought I
understood, I found that I only misunderstood. So often we take the wisdom of
our elders for granted, not realizing that we have not even begun to encounter
half the things which they have experienced, the experiences that will
eventually make or break us, as one says. My mother would tell me: Roger,
wisdom does not come from age, it comes from experience. It comes from
countless encounters with the things that life will show us, give us or take
away from us".
_It would be years before I would realize what she was talking about. And
even today I call upon her wisdom, from the grave where she now rests, to
sustain me and guide me through the perils of a sometimes cold world. _
Life in the ghetto --or rather, survival-- was hard. When he was about ten,
Roger started to work outside school with his uncle Jimmy who had a big
18-wheel truck. Later, he found a job in a restaurant. _ When I was nineteen
years old, I was purchasing clothes for my sister Rhonda._ He began to follow
a professional training, but had to quit in order to help his mother when his
grandmother died.
Rogers elder brother Charles was, in Rogers own terms, his idol. It is
important to understand their almost symbiotic relationship if one to
comprehend what happened later, when Roger was accused of murder.
_My eldest brother was well known around our neighborhood. He was known for
not being one to mess with, and being his little brother; I was privileged not
to be messed with either, unless you wanted to deal with Charles. Man, could
he fight. I saw him fight a guy one day for beating up one of his friends. It
wasnt really a fight. He hit the guy, and the guy hit the ground. But in
other fights I watched him weave and bob and slip punches. I thought he could
whip Mohammed Ali, the then heavyweight champion of the world. _
_He and I were very close. I would try and follow him and his friends. He
would see me and run me back home. But sometimes I would follow them from a
distance, without them knowing. I tried to walk like him, talk like him,
practically become him. He was my idol then. He was great. He used to talk
with me and tell me things about him and his friends and swear me to secrecy.
I thought I was carrying a real top secret and was ready to defend it with y
life, if need be. Thank God it never came to that. _
Charles had brushes with the police at a very young age already. At one time,
he was even charged with murder, but as he was still an adolescent, he was
sent to a juvenile facility.
Shortly before she passed on, their mother was taken to the hospital where she
stayed quite a few days in a coma. In a letter dated March 6, 2006, Roger gave
the following details about the experience that would come to play such a
crucial role in his life. Roger was visiting his mother and _ She came out of
her coma. She was speaking very incoherently. She would start talking about
one thing, then right in the middle [of the sentence], about something else.
She realized it too, and started smiling. She said to me, Roger, I dont
want to die, but I feel theres nothing between me and God. Im young, I have
a lot to live for, but Im at peace. If I dont make it, look after your
brother. You are strong and always have been, and youve had it good. Your
brother hasnt. He cant go back to prison. You are the backbone of the
family. Take care of them. One of the nurses came into the room and saw me
talking to her, and realized she had come out of her coma. She rushed me from
the room, and that was the last conversation I had with her. _
At the time of the crime of which he was accused, Roger was 22 years old and
working full-time. Ha was taking care of his sisters who lived at the other
side of town. He would stop by regularly to inquire about their well-being,
bring them food, and make sure their bills were paid. A member of his extended
family who had a key to his car borrowed it one day (Roger was the only one of
his mothers children to own a car and he shared it generously). That man, was
accompanied by Charles that night and they went to a bar to perpetrate an
armed robbery that ended in the killing of the bar owner. Witnesses took down
the cars license plate number, and Roger was arrested at his apartment a few
weeks later and accused of the murder.
In an attempt to protect his brother whom he then believed was responsible for
the crime, Roger initially took the blame upon himself. As nothing tied him to
the crime, he felt certain his innocence would become evident, all the more so
because he had an alibi. Also, he was going through a depression because of
the recent death of his mother, and he did not really care what would happen
to him. He felt the weight of the world on his shoulders. With his sacrifice,
Roger was hoping that Charles would see how much he loved him and that this
would bring him to break with delinquency and addiction, and to turn his life
around. Tragically, Charles was shot down by the police during an attempted
robbery just two months before Roger was sentenced to death. This has probably
been one of Rogers lifes most cruel experiences: the man whom he had wanted
to protect and for whom he had taken the blame --and the death penalty-- had
been killed. At that moment, his sacrifice seemed completely devoid of any
sense.
Rogers trial
As is usually the case with less fortunate African-Americans, a state-
appointed attorney was assigned to Roger. The attorney took no interest in
Rogers case, visited him only once very briefly before the trial, and he
based his plea solely on the basis of the police report. A notorious
alcoholic, he failed to represent his clients interests during the entire
proceedings.
Rogers trial was characterized by a long series of major judicial and
constitutional irregularities. In what appears to be common practice in the
United States, the District Attorney approached a convicted felon whom Roger
had known when a young teenager and had not seen in the last ten years, to
(falsely) testify against him. Such people are called jail snitches and
there is an unspoken agreement that if a snitch agrees to testify against an
accused, he will receive a substantial sentence reduction. The snitch in
question fabricated about 1500 robberies purportedly committed by himself
together with Roger over a period of two and a half years, while Roger was
working full time
Roger wrote: _ In one instance,_ [the snitch]_ said he and I robbed this
old man who was a security guard at a supermarket. The prosecutor contacted
the man and had him testify for the prosecution against me._ [The snitch] _
said I had the knife and I was going to kill the man. But when the elderly
gentleman took the stand, he said it wasnt me! He said it was_ [the snitch] _
and someone else. _
Rogers lawyer did not make any attempt to verify information that was
communicated to him and that he should have used to prove his clients
innocence and save his life. This and many other serious mistakes constitute a
major violation on his part of the 6th Amendment to the United States
Constitution and of Article 1, section 10 of the Constitution of the State of
Texas .
Rogers attorney also neglected to protest against serious breaches in the
jurys behavior. Those alone would have justified a new trial. A few examples:
One of the jury members confirmed under oath that the jury foreman, a
former policeman, had introduced information during the deliberations that had
not been presented in court; that information greatly influenced the jurys
decision in favor of the death penalty for Roger.
The jury foreman was highly biased throughout the deliberations. Yet,
Texas law states clearly that the presence of one partial juror on the jury
destroys the impartiality of the body and renders it partial.
Various members of the jury were not in favor of the death penalty for
Roger, but because of the strong personality of the ex policeman, who
presented himself as an expert, they finally gave in.
In violation of the Constitution and the law, the presiding judge refused
to instruct the jury about the difference between voluntary homicide and
voluntary homicide with premeditation.
Whereas the jury initially voted eleven to one (11 to 1) for life
imprisonment instead of the death penalty, the judge presented information
which erroneously implied that if Roger were to be sentenced to life in
prison, he would end up spending only one third of the time in jail before
being released. This untruthful information also contributed to the jurors
switching of their position in favor of the death penalty for Roger.
In their deliberation room, the jurors had access to newspaper articles
presenting a highly biased view of the crime, in which the police falsely
claimed that Roger had committed about fifty armed robberies. In that
instance, Rogers trial attorney did protest, but inadequately.
Rogers trial attorney was later reprimanded five times by the Texas Bar
Association, and he was finally forbidden by the State of Texas in 2005 from
taking death penalty cases, after he failed to meet the higher standards set
by the State -- alas, too late for Roger
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