Eric Randall Hinkle
Wrongly Charged With Aggravated Sexual Assault Of A Child
Wrongly Charged With Aggravated Sexual Assault Of A Child
The crime was to have occurred around 07/04/1997. It was alleged that I had touched the vagina of the victim inappropriately. I changed diapers on this child and her siblings also. Outcry was made by the victim’s grandmother (Joyce McGuffey) who, with her husband Dwayne, gained primary custody of the victim from her mother - Elizabeth Kimball-Johnston. Elizabeth left the victim with her grandparents when she accompanied the victim’s father (Dwight Eugene Gaston) to Houston for cancer treatments where he died. After the McGuffey’s hired an attorney, and secured custody, Elizabeth was given a visitation schedule. The victim received $700.00 per month in social security benefits that was sent to the grandparents’ address.
Elizabeth vigorously sought to get established in order to gain custody of the victim. Prior to picking up the victim for a visit with her mom in Port Authur Texas, Elizabeth informed Joyce that she was now in a position to regain custody of her child. When she arrived to collect the victim Elizabeth was notified of the sexual abuse allegations. I believe that these allegations were made as:
1. The victim was the only thing remaining of Joyce’s son.
2. To cover-up her husband’s sexual abuse.
3. To keep from losing $700.00 per month.
4. To avenge herself against me for blocking her efforts to bully Elizabeth.
CPS (Child Protection Services) ruled out sexual abuse, for one, as there was no outcry from the victim’s sister. CPS interviewed the victim’s siblings in Port Arthur, Texas, at Elizabeth’s mom’s. Arlington police took statements and ordered polygraphs. I was told I failed and the examiner was to have obtained from me a statement, tantamount to a confession, but it was not in writing or signed
Friday before the trial, October 1998, when ADA (Assistant District Attorney) Callaghan was prepping the victim for the trail, the victim told ADA that her grandfather, Joyce’s husband, had touched her genitals inappropriately. The victim lived with her grandparents prior to the first outcry and up until this complaint. The record shows that the grandfather was accused of abusing another child in his household, but this was kept out by a ‘motion in limine’. This exculpatory second outcry was embodied as a ‘stipulation to evidence’. As the victim was never called to testify the jury never heard of or learned of this stipulation. The judge refused its admission even after ‘show of proof’, and also after the victim claimed to have denied it, by the courts saying that the witness, McGuffy, had to deny it for presentation to jury.
If the victim denied the second outcry it was supposed to be admissible before the jury but the court disallowed it anyway. The jury never saw, or heard, about the second outcry.
The trial counsel was also appellate counsel. He did not raise issues concerning the victim not testifying or the disallowance of exculpatory stipulation. Many attempts were made in state/federal courts to no avail. In last writ filed, Texas courts denied writ according to a rule not previously followed.
I am innocent of this crime. The withheld evidence supports this claim. I need outside legal help and donations to help me prove my innocence.
I am truly innocent. Please help me.
For more detailed information please contact me as below:
Eric R Hinkle, #849430
Texas Dept of Criminal Justice
Neal Unit
9055 Spur 591
Amarillo, TX 79107-9696,
U.S.A.
Elizabeth vigorously sought to get established in order to gain custody of the victim. Prior to picking up the victim for a visit with her mom in Port Authur Texas, Elizabeth informed Joyce that she was now in a position to regain custody of her child. When she arrived to collect the victim Elizabeth was notified of the sexual abuse allegations. I believe that these allegations were made as:
1. The victim was the only thing remaining of Joyce’s son.
2. To cover-up her husband’s sexual abuse.
3. To keep from losing $700.00 per month.
4. To avenge herself against me for blocking her efforts to bully Elizabeth.
CPS (Child Protection Services) ruled out sexual abuse, for one, as there was no outcry from the victim’s sister. CPS interviewed the victim’s siblings in Port Arthur, Texas, at Elizabeth’s mom’s. Arlington police took statements and ordered polygraphs. I was told I failed and the examiner was to have obtained from me a statement, tantamount to a confession, but it was not in writing or signed
Friday before the trial, October 1998, when ADA (Assistant District Attorney) Callaghan was prepping the victim for the trail, the victim told ADA that her grandfather, Joyce’s husband, had touched her genitals inappropriately. The victim lived with her grandparents prior to the first outcry and up until this complaint. The record shows that the grandfather was accused of abusing another child in his household, but this was kept out by a ‘motion in limine’. This exculpatory second outcry was embodied as a ‘stipulation to evidence’. As the victim was never called to testify the jury never heard of or learned of this stipulation. The judge refused its admission even after ‘show of proof’, and also after the victim claimed to have denied it, by the courts saying that the witness, McGuffy, had to deny it for presentation to jury.
If the victim denied the second outcry it was supposed to be admissible before the jury but the court disallowed it anyway. The jury never saw, or heard, about the second outcry.
The trial counsel was also appellate counsel. He did not raise issues concerning the victim not testifying or the disallowance of exculpatory stipulation. Many attempts were made in state/federal courts to no avail. In last writ filed, Texas courts denied writ according to a rule not previously followed.
I am innocent of this crime. The withheld evidence supports this claim. I need outside legal help and donations to help me prove my innocence.
I am truly innocent. Please help me.
For more detailed information please contact me as below:
Eric R Hinkle, #849430
Texas Dept of Criminal Justice
Neal Unit
9055 Spur 591
Amarillo, TX 79107-9696,
U.S.A.
