Free Lonnie Ray Allen LaBonte

Petition to Free Lonnie Ray Allen LaBonte

TO: The United States District Court for The Southern District of Texas, The 410th District Court of Montgomery County, Texas, Texas Board of Pardons and Paroles, The Honourable Governor of Texas, and Everyone interested in truth, justice, and righting a judical wrong,

Lonnie LaBonte, born January 14, 1977, is a soft spoken, gentle, pleasant, well mannered young man, gainfully full time employed and considered to be a hard working individual...that is until being raped by a failed judicial system, wrongly convicted of capital murder and sentenced to spend life imprisoned forcing him to become a victim for crimes which he did not, could not and is not capable of having committed, crimes which happened miles from where he was at the time, crimes which are physically, logistically, and humanly impossible for him to have committed.

Rather than justice having been performed on behalf of the victims, Morgan and Cleary, a grave injustice has been done to Lonnie LaBonte, his wife, child, family and friends....all of which have been made to become victims by a failed judicial system by allowing the true perpetrator of these acts to remain without prosecution or conviction.

After a jury trial lasting about 3 days, with no witnesses testifying on his behalf, false testimony given by some of the State witnesses, no DNA evidence, no telephone records, no physical evidence, one co-defendant became a State eye witness after being held (just over 20 months declaring innocence with no knowledge, or involvement in said crimes in Montgomery County jail), decided just a few days before the trial of Lonnie, to accept a deal offered by Montgomery County Texas District Attorney.

In a Deposition given willingly in 2004, the State of Texas "eye witness" admitted that a deal offered by the District Attorney was a kind of wink-wink deal, was made in exchange for testimony against Lonnie. At Lonnie's trial this person testified among other things, that Lonnie committed acts resulting in the death of one or both girls, in concert with or aided by a third co-defendant, while remaining within the pickup truck watching.

Lonnie was convicted September, 2000 receiving a sentence of life in prison.

All charges were dropped against the State eye witness, being released in November, 2000 with prosecutors stating "lack of evidence to prosecute" as reason for dismissal.

February, 2004 Said State witness willingly gave a Deposition which states in part that a story had been given, which was later adapted to be their own, that the Montgomery County Texas District Attorney had a "wink-wink" type of deal and went on to explain the details of it. This witness admitted that they and Lonnie were together the evening and morning in question, that Lonnie did not ever commit, nor take part in any criminally charged activity, and did not ever go to the location known as the crime scene.

There is additional new evidence discovered since his conviction to support his innocence which cannot be added to this petition but is incorporated in as a part of the Petitioner's Habeas Corpus Motion Pursuant to Rule 11.07 ET. SEQ. of the Texas Code of Criminal Procedure, Memorandum of Law in Support of Petitioner's Habeas Corpus Motion Pursuant to Rule 11.07 ET. SEQ. of the Texas Code of Criminal Procedure to be filed with the 410th District Court Montgomery County, Texas; Petitioner's Motion for Relief Pursuant to 28 U.S.C. 2254, Memorandum of Law in Support of Petitioner's Motion For Relief Pursuant to 28 U.S.C. 2254 to be filed with the United States District Court for the Southern District of Texas. Said Motions and Memorandums were filed on or about October 5, 2004.

The outcome of the filing of the 11.07 and the 2254 mentioned in the above paragraph is as follows:

The parents of Lonnie, and his 2 attornies went together (October 4, 2004) to file the 11.07 at the Montgomery County District Clerk Office who gave a time and date stamped file copy. We four then went to the office of District Attorney Mike McDougal to hand carry the required by law copy to his clerk, who gave us a date stamped copy.

The attorney's office called to tell us (a day or so afterwards) that District Attorney Mike McDougal refused to accept the filing, stating that it had to be filed on a specific form, which no attorney, clerk or judge asked seemed to have ever heard of being required before, and no laws were mentioned requiring it!

This necessitated having Lonnie's signature, which required the attorney to obtain. Polunsky Unit required a minimal 24 hour written notice and approval by the Warden. The office of the attorney is located in Austin, Texas. Lonnie is being unlawfully held in Livingston, Texas. Logistically, a four hour drive approximately, from Austin to Livingston, then another hour or so drive to Conroe to the Montgomery County Court House...after being processed in and out, and spending needed time with Lonnie. A Motion was filed to request that the form version be accepted as an addendum or amendment to the original filing....that was denied eventually.

Meanwhile, the deadline for the filing of the 2254 was October 6, 2004. The filing was successfully done. The Court ruled to dismiss it (sorry if this is not the correct legal term, not sure), until a ruling on the 11.07.

An article appeared within the Houston Chronicle on Saturday, October 9, 2004, Section City & State, Page B3 titled, "DA accused of misconduct."

The State of Texas has responded to the 11.07. The Office of Mike McDougal has requested that NO Evidenciary Hearing with oral argument be granted and requests that only statements/affidavits be allowed.

We are presently waiting for the Courts decision whether to grant our right to be heard with evidence and live testimony.