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In The Court Of Criminal Appeals Of Texas
Application For A Writ Of Habeas Corpus
Seeking Relief Form Final Felony Conviction
Under Code Of Criminal Procedure Article 11.07
Lature Irvin,
A one-time successful entertainment promotor, is imprisoned under a wrongful conviction, yet because of the way the legal system is set up is serving a sentence of life in a Texas Prison with the possibility of parole. Lature was from Detroit, Michigan, but had started a business in Los Angeles. He and his family had recently moved to Houston to expand his business. He was guilty of having an affair with his business partner’s wife after moving there. One night, Lature, his then-wife, and his mistress had a night out, which they usually did. They went to a few clubs, and Ms. Guerrero was passed out in the back seat of Latures car when he, his then-wife, and another couple went to an after-hours club. They finished their night at the club and headed back home. Once they got home, Latures friend Abe helped get Ms. Guerrero into the house and laid her on the couch, where she slept that night. The following day, Lature had to catch a flight for an event he was headed to. Ms. Guerrero stayed at his residence with his wife and was eating breakfast. When Lature left for the airport, she went shopping with Shannon Latures’s wife and shared a meal the whole day spent together as two friends spending the day together. Fast forward three days later, and Ms. Guerrero reported a sexual assault and was accusing Lature of the assault. Lature did deny the affair to law enforcement as any man or woman would do, especially if they knew there had not been any recent contact. I mean, we have had presidents who have denied the very same accusations.
Years prior, Lature had pleaded guilty to touching (contact) a breast in Michigan, for which he was sentenced to a year in county jail. In the Michigan case, Lature took a plea deal as his wife was pregnant and was about to have a baby. The plea deal would make it possible for Lature to be there for the birth of his child and then not miss a lot of the child growing up without him. So, this conviction was on his criminal record.
Now, back to the Texas accusations. This case was so hard to believe that the detective did not even investigate, or he would’ve noted that the address the plaintiff gave was, in fact, a Burger King and had been since the `80’s it wasn’t until Lature’s mother went, and took pictures herself and got the property records. Lature was arrested and bonded out at the time. He willingly gave his DNA sample to help with the investigation because he knew even though he had been having an affair, there was no recent contact, especially on the night in question. Fifty-four days, six days shy of two months after the report was filed, Ms. Guerrero brought some clothing items into Detective McMurtry, saying they were from the night in question. Yes, I said it was almost TWO months after the claim that Harris County collected their evidence. Never once did they do a rape kit, take pictures, even swab her mouth to sample her DNA. Lature was out on bond for four years and five months. During that time, he was offered multiple plea deals, of which the plaintiff was a part. The first plea deal was for two years, the next was six years, then twelve years, and finally, they offered him twenty years. Lature, being innocent, turned down every plea deal they offered him. He also made forty-two court appearances when he was out on bond. He missed his forty-third appearance because of traffic in Los Angeles, in which the courts issued a warrant for his arrest for third-degree bond jumping. That charge was later dropped because Lature could show them his plane ticket and more evidence to support that he would’ve been there but did not make it because of situations out of his control. He was in the county for thirteen months, awaiting trial in this case. At trial, they did submit a surveillance report that showed clothing had Latures DNA and an unknown male and an unknown female contributor.
So ask yourself how many times you, your sons, or your nephews have been to a location where all it would take is for a scorned girl to run to the police, and his life could be over. Maybe it was a one-night stand, and she thought it would be more. Now her pride is hurt, she is embarrassed, and she makes a claim that could change your loved one’s life and your whole family at the drop of a dime. This is a total injustice of the legal system. An innocent man has lost over TEN years of his life; he is an only child who lost his mother, has missed his children growing up, and missed the birth of his grandchild all because he was convicted of sexual assault WITHOUT any sex. How is that even possible?
LIFE TAKEN FROM YOU WITH NO EVIDENCE
Notarized Affidavit
Letitia's client:
Lature Irvin aka “Latour”. Like the known client she now represents, Patrick Xavier Clark, Latour was a well known National party/concert promoter. After keeping secret an extra marital affair with a woman Latour was now accused of assaulting sexually. The old adage, ” leave your wife and family for me or else.” The “or else” turned into Latour’s demise. The complainant, his mistress, Trina Guerrero fabricated a baseless allegation that Latour assaulted her on an impossible night in an impossible way and without any verifiable evidence to support the allegation. No rape kit. No police or hospital agency outcry, no std testing (significant for a woman who too, was married). No one told of the alleged assault other than the one targeted to hurt the entire time, Latour’s wife, Shannon. Trina lured her to a restaurant parking lot some two days after the alleged assault was suppose to have occurred, a night the three of them, (Latour, Shannon and Trina), were all together. The three of them being together all night long made it impossible for Latour to commit an assault of any sort against Trina.
Letitia’s role in the assist of Latour’s conviction: There was no female DNA in the clothes that Trina turned in to the investigator (54 days) after she said the assault occurred. Only Latour’s DNA would be identifiable. Yet, Letitia conveniently failed to cover that crucial piece of missing evidence during her closing in Latour’s trial. Letitia gave her closing argument to the jury without any mention that there wasn’t not only any scientific evidence provided by the complainant, ultimately the State, but there wasn’t any evidence which indicated that the quote/unquote “sex” ever occurred. Letitia’s client, Latour, is convicted in a sex case, with no sex! How?