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To Whom It May Concern To Whom It

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									To Whom It May Concern:

I have known the Whisenant family for about 12 years now and know them to be family
oriented, law abiding, productive, contributing members of the community. I have
worked with Elmer Whisenant for over 10 years and he and his wife, Martha, were the
first people to welcome my wife and I to town when we moved here. Elmer is a
maintenance worker in the Mansfield ISD and Martha has taught in schools and colleges
in the area for decades. The Whisenant’s live what a lot of people I know only preach. I
personally have seen them feed the hungry, clothe the poor and furnish housing to poor
immigrants new to our country. This is why I was so shocked to learn of their son, Elmer
Howard Whisenant, Jr., being arrested for assaulting his wife and children. This just
didn’t make sense to me. He certainly didn’t learn that from his parents and he had never
been anything other than a good provider to his family in the past, so why would he all of
a sudden turn into this monster that beats his wife, beats his children, shoots his dog and
all the other crazy things his wife accused him of? The answer to all these questions is,
he wouldn’t and he didn’t!

I have learned a lot about our Texas “justice” system over the past three years. I am as
proud a Texan as you will EVER meet and until recently, I believed what most Texans
believe about their great state. I believed that if a man was accused of a crime falsely, it
would be readily proven in a court of law and he would go free. I had heard all the
stories about how lenient the law was and how many rights the criminals had and thought
that since things are so lax that a criminal can get away with murder, then it must be
SUPER easy for an innocent man to clear his name. I am no longer so naïve, and if you
read the information that is presented on this web-site, you will be just as shocked and
dismayed at how easy it is for an innocent man to get sucked down by the system as I
was.

In case you think I’m just prejudiced because a friend of mine was treated unfairly, let me
clarify. I have never met Howard, have never talked to him, have never written to him or
received a letter from him. I have not gained anything whatsoever from my involvement
in his case, aside from knowing I am helping an innocent man try to save himself and his
family. The only way I know Howard is through news stories, trial transcripts and his
parents’ stories of the nightmare he’s gone through. So, all I can base my opinions on are
irrefutable facts as reported in newspapers and trial transcripts, the word of Elmer and
Martha, which is better than gold in my book, and sound reasoning, or common sense.

I won’t go into a lot of details, since you can read them in the other parts of this site, but I
would like to touch on a few of the topics that really stood out in my mind. To borrow a
phrase they were, “things that make you say, hmm…” Things like:

       When the assault on Howard’s wife occurred and she was shot in the leg, the
        police officer first on the scene thought the gunshot wound was self-inflicted.
        The DOCTOR that later examined and treated her also thought the gunshot
        wound was self-inflicted. Days later however, the lead investigator on the case
        decided to ignore the opinions of his own officers and the doctor, plus physical
    evidence collected and began “gunning” for Howard. He completely forgot about
    the facts and followed his gut feeling that Howard was guilty and did everything
    he could to make sure Howard couldn’t win, facts be damned.

   The lead detective even testified to his ignoring his officers and the doctor’s
    opinions in court, but Howard’s legal counsel was unable to capitalize on the
    admission that facts were ignored in favor of feelings.

   There was not one shred of physical evidence linking Howard to the shooting, nor
    was there any trace or circumstantial evidence, yet he’s sitting in prison with a 70-
    year sentence hanging over him.

   The earlier “beatings” that were supposed to have led up to this final handgun
    assault didn’t add up either. Why was there no physical evidence linking Howard
    to the assault in which Tracy was severely beaten during the “foiled carjacking”
    she reported to police (but later changed her story to say it was Howard that had
    beaten her)? The police looked at his hands and arms on the day Tracy was
    assaulted, then made him go to another room and disrobe down to his underwear,
    yet they found not one mark on his body. There were no bruises on his hands, no
    scratches anywhere on his body; nothing at all to indicate he had just beat the hell
    out of someone. If you’ve ever seen a fight where someone was truly battered, as
    Tracy was that day, you know that BOTH parties in the altercation end up with
    marks on them. The victim will either scratch, or claw or take some sort of
    defensive maneuver that will mark the assailant, or just the act of physically
    striking someone in the face repeatedly, or clawing them accidentally will put
    bruises on the assailants hands or leave scrapings under their fingernails, or
    something. No evidence was found to support Howard having committed this
    assault.


There are way too many things that don’t add up in Tracy’s stories. Things that don’t
make sense no matter how you look at them. She changed her story to suit her whims
and to protect the person that really beat her. The police and the doctors didn’t
believe it was Howard that was beating her, so that means someone else had to do it.
Ask yourself the common sense question, “Who else would beat her why would she
not turn them in?” The only good reason I can come up with is that she had a
boyfriend that did it.

The rumors supporting this theory were abundant and a fellow coworker of Tracy’s
even tipped off the police that she was having an extramarital affair, but they never
followed up on it. Why not? If I was investigating the case of a woman who said her
husband beat her but I didn’t find any evidence that he did, then someone told me she
was cheating on her husband with an abusive boyfriend; I’d want to talk to the man
that everyone said was her boyfriend. I’m not a cop, but it just makes common sense
to go see if this dude has bruises on his hands or scratches on his arms… That is,
unless I had already made up my mind that her husband did it, in which case, why
bother investigating further – I’ve already got my man. Nobody ever interviewed the
boyfriend.

There are a hundred little things like this that caused Howard to end up in prison.
Things like a lack of thorough investigation by police because they already “knew”
whom their man was before they ever talked to him. Things like inadequate counsel
by attorneys that missed opportunities to point out inconsistencies in the accuser’s
stories; things that on their own were seemingly insignificant and probably wouldn’t
make much difference, but when added together, they created a nightmare from
which escape is not easy.

Time is running out and we can’t delay telling people about this injustice. There are
only a few weeks left until all avenues of hope will be exhausted and Howard’s fate
will be sealed. Write to your representative, call the Governor’s Office, send the
email address to this site to all your friends and beg them to look at it. If you know of
a good lawyer that would be willing to help pro bono or if you know a reporter that
could do an expose, please contact them and ask them to help. Do everything you can
to help end Howard’s nightmare before it’s too late.

Thank you for your time and help in this urgent matter. Even if you can’t personally
do anything to help, please at least remember Howard in your prayers and ask God to
give him strength and to help those working to free him in their endeavors.

Sincerely,
Dempsy Winans

								
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