Franklin DeWayne Alix

Case record: Franklin DeWayne Alix

Background

Franklin DeWayne Alix was a Texas death row inmate who was executed in 2010. During his youth, trial testimony revealed that he had been active in his church, singing in the choir and teaching Sunday school. One witness described him as having been a “typical fun-loving teenager.”

Alix made statements during the execution indicating he apologized to the victims’ family, admitted that he “made lots of mistakes” leading to the Bridgeford murder, and said, “not the monster they painted me.” He also denied being an alcoholic, a drug user, or a rapist in connection with his statements made before and during the execution.

The offence

In the early morning of January 3, 1998, Alix shot and killed Eric Bridgeford while in the course of committing aggravated sexual assault, robbery and burglary against Eric Bridgeford’s sister, Karyl Bridgeford.

Alix approached Eric Bridgeford’s sister at gunpoint after she got out of her car at her family’s southwest Houston townhouse. He forced her into the trunk of her car, closed it, and drove the vehicle out of the townhome complex. Alix threatened to kill her unless he could get some money. Karyl Bridgeford told him her credit card cash limits were full and that she could not remember her PIN numbers. She suggested he take items from her home and pawn them to get money.

Alix returned her to her home and pointed his gun in her face, stating: “Do you see this? Anything goes wrong in here, and I’ll kill you and anyone else in the house.”

As they walked through the woman’s home, Alix looked for items to remove. Several items were taken from the home, including two televisions, a videocassette recorder, and a Nintendo game.

While Karyl Bridgeford and Alix were still on the premises, Eric Bridgeford returned home with a friend. Eric Bridgeford and the friend ran from the intruder. Alix shot Eric in the back and fled the area on foot. Eric Bridgeford died from the injury.

In the account of Alix’s claims during trial proceedings, Alix admitted to robbing Karyl and forcing her into the trunk of his car, but claimed that the sexual intercourse was consensual, the items taken were gifts, and the homicide was in self-defense. Alix also claimed he had been coerced into robbing Karyl by Kevin Smith, a man who allegedly threatened to kill Alix if he did not pay a drug debt.

During the sentencing phase, the State introduced evidence that Alix’s crimes included a six-month violent crime spree. During the punishment phase, prosecutors presented extraneous-offence evidence of three capital murders, two attempted capital murders, eight aggravated robberies, one robbery, and two aggravated sexual assaults accompanied by four aggravated kidnappings.

During the offence description provided in the legal proceedings, the jury heard that the aggravated robbery of Eric Bridgeford’s sister began the episode, followed by kidnapping and forced submission to aggravated sexual assaults, before Alix forced her to take him to Eric’s room to steal items. The jury heard that Alix culminated the episode by murdering Eric Bridgeford, taking items from Eric’s room, and stealing a car that belonged to one of Eric’s friends.

Investigation

On January 6, 1998, Houston police arrested Alix and obtained his videotaped confession to Eric Bridgeford’s murder. Alix led officers to the murder weapon. An examination of the weapon confirmed that the bullet recovered from Eric’s corpse was fired from Alix’s gun.

During the case, a piece of bloody gauze recovered from the scene of the Ramirez murder was admitted into evidence. Testing initially indicated that Alix’s DNA was present on the gauze. Later retesting became inconclusive and was later described as a basis for issues raised in collateral proceedings.

Arrest

Trial

Alix was indicted and convicted of capital murder for the murder of Eric Bridgeford.

A Harris County grand jury indicted Alix for capital murder on 07/09/98. A Harris County jury convicted Alix of capital murder on 08/26/98. On 09/02/98, the trial judge sentenced Alix to death.

During punishment, the State introduced evidence of Alix’s lengthy and violent criminal history spanning several years and involving assaults, homicides, kidnapings, robberies, and rape.

The prosecution’s evidence during punishment included testimony from the widow of one of Alix’s victims, Gregorio Ramirez, who identified Alix as the shooter in her husband’s homicide. A DNA chemist testified that DNA recovered from a piece of gauze worn by the perpetrator matched Alix in relation to the extraneous capital murder of Ramirez. After questions about the procedures of the Houston Police Department (HPD) Crime Lab surfaced, evidence from this case, among others, was retested.

Alix also presented claims in trial proceedings that he had been coerced into robbing Karyl by Kevin Smith, and he claimed he did not intend to kill Eric Bridgeford.

Sentencing

The State’s punishment-phase evidence included that Eric Bridgeford’s death was part of a six-month crime spree in which Alix also committed three capital murders, two attempted capital murders, eight aggravated robberies, one robbery and two aggravated sexual assaults accompanied by four aggravated kidnappings. Christopher Thomas was described during punishment proceedings as among the murder victims.

The trial court also considered disputes surrounding evidence from the HPD Crime Lab. Subsequent retesting of evidence in the case yielded ambiguous results. The trial judge held that a crime lab chemist’s testimony was unreliable. The appeals court later found that there was no reasonable probability that the jury would have changed its decision based on the question of the chemist’s credibility, and found “without a reasonable doubt” that the chemist’s testimony did not contribute to punishment.

Appeals

Texas Court of Criminal Appeals

On 02/16/00, the Texas Court of Criminal Appeals affirmed Alix’s conviction and sentence.

In the later decision on state habeas, the court recited that Alix was found guilty of the capital murder of Eric Bridgeford and engaged in a six-month-long violent crime spree that included the capital murder of Eric Bridgeford. The court also described the events on the evening that led to the capital murder, stating that the episode began when Alix approached Eric’s sister and culminated with the murder of Eric and additional thefts.

In the later collateral proceedings, the convicting court found that “should be deemed unreliable” regarding the chemist’s testimony, and the later review concluded that introducing testimony of the chemist, even if false, did not contribute to the punishment. The court denied relief.

The amended second supplemental application was dismissed as an abuse of the writ.

State and federal habeas applications

Alix filed an original application for a state writ of habeas corpus on 06/27/00. On 12/19/01, the Texas Court of Criminal Appeals denied state habeas relief.

Alix filed a petition for a federal writ of habeas corpus on 12/16/02. On 10/29/03, a Houston U.S. district court dismissed Alix’s petition without prejudice.

Alix filed a second, subsequent state application for a writ of habeas corpus on 11/25/03. On 02/06/06, Alix filed a third, subsequent state application for a writ of habeas corpus. On 09/27/06, the Texas Court of Criminal Appeals denied habeas relief.

On 01/02/07, Alix refiled his federal petition with a Houston U.S. district court. On 03/27/08, the district court denied habeas relief and issued final judgment.

On 02/09/09, the U.S. Court of Appeals for the Fifth Circuit affirmed denial of habeas relief.

On 05/04/09, Alix filed a petition for certiorari review with the U.S. Supreme Court. On 10/05/09, the U.S. Supreme Court denied Alix’s petition for certiorari review.

Timeline

• 01/03/98 — Alix killed Eric Bridgeford while committing aggravated sexual assault, robbery and burglary against Eric Bridgeford’s sister, Karyl Bridgeford.
• 01/06/98 — Houston police arrested Alix and obtained his videotaped confession; Alix led officers to the murder weapon.
• 07/09/98 — A Harris County grand jury indicted Alix for capital murder.
• 08/26/98 — A Harris County jury convicted Alix of capital murder.
• 09/02/98 — The trial judge sentenced Alix to death.
• 02/16/00 — The Texas Court of Criminal Appeals affirmed Alix’s conviction and sentence.
• 06/27/00 — Alix filed an original application for a state writ of habeas corpus.
• 12/19/01 — The Texas Court of Criminal Appeals denied state habeas relief.
• 12/16/02 — Alix filed a petition for a federal writ of habeas corpus.
• 10/29/03 — A Houston U.S.
• 11/25/03 — Alix filed a second, subsequent state application for a writ of habeas corpus.
• 02/06/06 — Alix filed a third, subsequent state application for a writ of habeas corpus.
• 09/27/06 — The Texas Court of Criminal Appeals denied habeas relief.
• 01/02/07 — Alix refiled his federal petition with a Houston U.S. district court.
• 03/27/08 — The district court denied habeas relief and issued final judgment.
• 02/09/09 — The U.S.
• 05/04/09 — Alix filed a petition for certiorari review with the U.S. Supreme Court.
• 10/05/09 — The U.S.
• 10/28/09 — The trial court scheduled Alix’s execution for Tuesday, March 30, 2010.
• 03/30/10 — Alix was executed by lethal injection in Texas.

Outcome

Alix was executed by lethal injection in Texas on March 30, 2010. The lethal drugs began after 6 p.m., and Alix was declared dead at 6:20 p.m.

Alix’s execution included a statement to victims’ family in which he said he apologized and insisted he was “not the monster they painted me.” In his last statement to the victims’ family, he also said: “I am not the monster they made me out to be,” “I made lots of mistakes that took your son. I messed up, made poor choices.” “I’ll take it to the grave, I will be at peace,” he added. “It is what it is. I got peace in my heart.”

Aftermath

Relatives of victims watched the execution and made statements about forgiveness afterward.

Janey Bridgeford, the mother of Eric Bridgeford, carried a photograph of her son into the witness room and said: “Every photo has been of Alix,” “I wanted to put a face to this ... We live one day at a time. I can't tell you what my daughter and family have gone through. It was two years before I could go back to work.”

After watching the execution, Bridgeford’s mother said: “Our lives are forever changed but we need to go on,” “It was hard. I didn’t take pleasure in that. I have forgiven him.” “I didn’t think I’d get a verbal apology from him. I understood he may not come clean with everything.”

Thomas’ sister, Fernellifa Jolivette, said: “If you don't forgive, it will consume you,” “It will eat you alive ... He has God to answer to.”

Jolivette also said: “I have to accept it and I have to forgive in order for me to find peace within myself and a place in Heaven,” “If you don’t, it will consume you. It will eat you alive ... In the end, he has God to answer to.”

Other details

Alix’s prior criminal history introduced during punishment

During the punishment phase, the State introduced evidence of Alix’s lengthy and violent criminal history.

In September 1992, Alix attempted to steal a shuttle bus from Alamo-Rent-a-Car. The police apprehended Alix after a ten-minutes chase, and Alix was sentenced to six months in Harris County Jail for theft.

On April 8, 1993, a woman noticed that her Caprice Classic was missing from her driveway. Later that night, a Houston police officer spotted the car and arrested the driver, Alix, after stopping the vehicle. Alix was sentenced to three years in state prison for unauthorized use of a motor vehicle.

On July 11, 1996, a Houston police officer stopped Alix for jaywalking and found that he had a pistol and ammunition. Alix was sentenced to 70 days in Harris County Jail for carrying a weapon.

On August 15, 1997, Alix drove away from the gas pump at Sunmark Convenience Store without paying for his gas. Alix became stuck in traffic, and the store owner caught up. Alix stepped out of his car and punched the owner in the face. The owner identified Alix in a photo spread and in open court as the person who robbed him.

On August 8, 1997, Alix fatally shot Gregorio Ramirez during a robbery attempt in the parking lot of an apartment complex.

On the night of September 2, 1997, Alix was driving a vehicle that bumped into the rear of a car driven by a woman. When the woman asked Alix for his insurance papers, he threw the woman to the ground and pointed a gun at her head. Alix took a ring from the woman and hit her several times. Alix fled after the woman started screaming and another woman came outside her apartment and said she was calling police.

On September 29, 1997, Alix pointed a gun at a woman as she got out of her car at her apartment complex and took her purse to look for money. Alix made her get into the trunk of her car and drove off in the vehicle. Alix later pulled over and forced the woman to perform oral sex on him. Alix later ran off.

On October 5, 1997, Alix shot and killed Selemawi Tewolde in an apartment complex parking lot.

In the early morning hours of October 13, 1997, Alix robbed a man at gunpoint at an apartment complex.

On November 30, 1997, when a man got out of his car in an apartment complex parking lot, Alix confronted him, demanding his money and keys. Alix locked the man in the trunk of the car.

On December 6, 1997, an apartment security guard was making his rounds at midnight when he was stopped by Alix at gunpoint. At Alix’s direction, the security guard turned around and ran, and Alix fired three shots, hitting him in the back. The victim survived.

On December 19, 1997, Alix shot a townhome security guard in the face after searching for money. The guard survived.

On December 19, 1997, Alix jumped out of a red car and robbed a man in an apartment complex parking lot. Alix told the man to run. The man got in the red car and drove away. The man later stopped the car and found a girl in the trunk. The girl told the man she had been robbed and raped.

On January 4, 1998, Alix robbed a man who was walking to his townhome.

On January 4, 1998, Christopher Thomas was shot in the head; his body was found lying on the ground. Alix confessed to the killing.

Disputed DNA evidence discussed in collateral proceedings

In the habeas corpus litigation, the Texas Court of Criminal Appeals described that, during the presentation of evidence about one extraneous capital murder, an HPD Crime Lab chemist testified that DNA recovered from a piece of gauze worn by the perpetrator matched Alix. The evidence was retested after questions about procedures in the HPD Crime Lab.

The retesting did not confirm or negate the testimony of the chemist as to this extraneous offense. The convicting court found that the chemist’s testimony “should be deemed unreliable.” In the later review, the court concluded that, even if testimony were false, it did not contribute to the punishment and denied relief.

Federal habeas procedural history details

A federal habeas petition was dismissed without prejudice in 2003 so that claims could be analyzed in state court. The United States Court of Appeals for the Fifth Circuit affirmed denial of habeas relief in 2009, and the U.S. Supreme Court denied certiorari on 10/05/09.

In the Fifth Circuit opinion denying a certificate of appealability, the court stated it denied the request for a COA and discussed claims including evidentiary hearing, alleged prosecutorial misconduct under Napue, alleged prosecutorial misconduct under Brady, and ineffective assistance of counsel under Strickland.

The Fifth Circuit referenced disputes about Dr. Delbert Wayne Van Dusen’s licensing and also referenced that testing initially indicated Alix’s DNA was present on gauze but later became inconclusive, which was described as leading to dismissal without prejudice of Alix’s first federal habeas petition.