STATEMENT OF FACTS

 

DEFENDANTS NAME: KENNETH B. PERKINS

DEFENDENTS AGE:      48 (at time of sentencing)

CITY OF RESIDENT:     Waller, Texas (at time of accusation)

                                         Houston, Texas (at time of trial)

 

CONVICTION:  AUGUST 2, 1993

 

CASE NO: 644534 (grandchild #1)

      Count 1: Guilty of aggravated sexual assault

         Punishment: Confinement in the Institutional Division of the Texas Department of

                                 Criminal Justice for 30 years and assess a  fine in the amount of $5,000.

       Count II: Guilty of aggravated sexual assault

          Punishment:  Confinement in the Institutional Division of the Texas Department of

                                   Criminal Justice for 30 years and assess a fine in the amount of $5,000.

 

CASE NO. 644535 (grandchild #2)

      Count I: Guilty of aggravated sexual assault

          Punishment: Confinement in the Institutional Division of the Texas Department of

                                  Criminal Justice for 30 years and assess a fine in the amount of $5,000.

      Count II: Guilty of aggravated sexual assault

           Punishment: Confinement in the Institutional Division of the Texas Department of

                                      Criminal Justice for 30 years and assess a fine in the amount of $5,000.

VERDICT  AND SENTENCING WERE BY A JURY

JUDGE STATED THIS SENTENCING WOULD RUN CONCURRENTLY

 

THIS CASE WAS HEARD IN THE COURT OF APPEALS (Eighth District of Texas at El Paso) ON FEB. 1, 1995. NO. 08-93-00305-CR & 08-93-00306-CR. OPINION WAS RENDERED ON JUNE 8, 1995

APPEAL DENIED

PREVIOUS ATTORNEY’S ONCKEN & ONCKEN WERE RELEASED AS COUNSEL ON JUNE 12, 1995.  NEW ATTORNEY’S JOHN ACKERMAN/MICHAEL CHARLTON WAS BROUGHT INTO CASE ON JUNE 21, 1995.  MOTION FOR RE-HEARING WAS SUBMITTED TO THE ELPASO CT. ON JUNE 23, 1995.

RE-HEARING DENIED

APPEAL WAS THEN FORWARDED TO THE TEXAS CRIMINAL APPEALS CT.-AUSTIN, TEXAS DEC. 1995.

APPEAL DENIED

 

December, 2000 we  filed a Writ of Heabes Corpus in the original trial court. (174th District Court of Harris County, Texas).  Additional exhibits were filed in 2001.

 

March 8,2001- First possible parole was NOT GRANTED. Reason: Criminal Record and/or Nature of Offences.

The Institutional Division will monitor treatment plan progress and will report progress to the Board of Pardons and Paroles.  Next Parole review date is 01/2003.

 

April 22,2002 – Judge George Godwin of the 174th District Court of Harris County DENIED  relief.  

 

June 12, 2002 – Texas Court of Crininal Appeals DENIED relief.

 

June 13, 2002 – Writ was filed in the US District Court for the Southern District of Texas.

                            Case was assigned to Judge Ewing Werlein Jr. Court.

March 6, 2003 – Second possible parole was NOT GRANTED. Reason: The record indicates that the inmate committed one or more violent criminal acts indicating a conscious disregard for the lives, safety, or property of others; the instant offense or pattern or criminal activity has elements of brutality, violence, or conscious selection of victim’s vulnerability such that the inmate poses an undue threat to the public; the record indicates use of a weapon.

Note from Carol: In regards to the above “reason” I called the Parole Board questioning the above statements. It was explained to me this was a “generic statement” bottom line Bruce was denied parole because he just had not served enough time.

March 7, 2003 – This case was transferred by the District Judge Werlein Jr. to his Magistrate Frances H. Stacy.

September 18, 2003 – U.S. Magistrate Judge Frances H. Stacy DENIED relief

March 22, 2004 -  Writ of Heabes Corpus was filed in US 5th Circuit Ct., New Orleans

 

                At this time Kenneth B. Perkins #647327 is incarcerated in the Texas Department of Criminal Justice at theWynneUnit, Huntsville, Texas 77349.

ADDITIONAL INFORMATION:

Accusations and testimony from children, parents, and therapist consisted of the following:

1) Threats to children that defendant would cut them up in small pieces and throw them to the chickens.

2) Defendant would have the horses stomp the children.

3) Defendant would drown them in the pond. (which there wasn’t one)

4) Defendant forced dog (puppy) to have intercourse with one child then he cut the dogs penis off and squirted

    blood on child.

5)Defendant would harm children’s parents if they told.

6) Defendant would insert his fingers into a cat and then into the child.

7) That a gorilla mask was worn.

8) Accusations of photo’s being made of children undressed and sex acts between defendant and children. (NO

     child pornography or anything else was found or retrieved from defendants home the day it was searched.)

9) Sex “toys” were said to have been used.

10) Other children were to have been present during these acts.

11) Defendant was to have taken 7 children ages 3-12, upstairs (defendants home)   to MBR which was above LR

      area where approx. 45 people were in attendance of defendants birthday celebration. Out of those 7 children,

      3 were defendants grandchildren.  3 others (plus their parents) testified in court not only had nothing ever

      happen to them but they were not even at defendants home that day.  The seventh child testified he did not know                                                            defendant and he had only known defendants grandchildren approx. a year at time of trial.

12)After the children were in therapy for a year prior to trial, wife (Carol of Defendant was said to be a participant

     and a perpetrator (even though no charges have ever been brought against her)

 

ALL THE ABOVE IS A MATTER OF PUBLIC RECORD.  THE TRANSCRIPT FROM THE ORIGINAL TRIAL IS APPROXIMATELY 3500 PAGES LONG.

THIS CASE WAS INVESTIGATED BY HARRIS COUNTY SHERIFFS DEPT. DETECTIVE DON BYNUM WAS THE INVESTIGATING OFFICER.  THE PROSECUTOR WAS MARIE MUNIER, HEAD OF THE SEX CRIMES DIVISION OF THE HC D.A.’S OFFICE.  THERE WERE TWO LOCAL JUDGES WHO RECUSED THEIR SELVES FROM THE CASE.  FIRST WAS JUDGE TED POE AFTER 5 MONTHS OF IT BEING IN HIS COURT.  THEN IT WAS ASSIGNED TO JUDGE GOODWIN WHO IMMEDIATELY RECLUSED HIMSELF.  CASE WAS THEN ASSIGNED TO A VISITING JUDGE JUAN BLACKBURN FROM THE AMARILLO AREA.  AT THE TIME OF TRIAL, JULY 12, 1993, DETECTIVE BYNUM HAD BEEN DEMOTED TO THE WARRANTS DIV OF HARRIS COUNTY.  AT THE TIME OF TRIAL, MARIE MUNIER POSITION HAD BEEN REASSIGNED  BY THE D.A.’S OFFICE TO A SINGLE COURT PROSECUTOR BUT WAS TOLD SHE WOULD PROSECUTE THIS CASE BEFORE COMPLETING HER DUTIES AS HEAD OF THE SEX CRIMES DIVISION.  OUR ATTORNEY’S (ONCKEN & ONCKEN) WERE TOLD SHE HAD BEEN DEMOTED DUE TO HER MANIPULATION OF GRAND JURIES AND LOOSING HER OBJECTIVITY.

THE WRIT OF HAEBES CORPUS IS APPROXIMATELY 450 PAGES LONG.  WHICH INCLUDES AFFIDAVITS FROM OUR DEFENSE EXPERTS DR. MAGGIE BRUCK PHD, WITH THE UNIVERSITY OF JOHN HOPKINS, DR. ELIZABETH LOFTUS, PHD WITH UNIVERSITY OF WASHINGTON, SEATTLE, AND DR. CHRISTOPHER BARDEN, PHD/JD OF UTAH., ALONG WITH VARIOUS OTHER AFFIDAVITS.

IF YOU FEEL THE NEED TO TALK TO CURRENT ATTORNEY REPRESENTING KENNETH “BRUCE” PERKINS PLEASE FIND BELOW THAT INFORMATION.

MICHAEL CHARLTON, Attorney                                                               CAROL A. PERKINS (defendants wife)

PO Box 29316                                                          OR                                 7019 State Hwy. 75 South, #12

Santa Fe, New Mexico 87592                                                                          Huntsville, Texas 77340

(505) 751-0515                                                                                                 (936) 524-4322 Cell

 mike@charlton-legal.com                                                                                caperkins@txucom.net