PROOF POSITIVE OF BOBBY'S INNOCENCE
As you should have read in the Introduction, THE STATE'S EVIDENCE SAID I was NOT at the crime scene, did NOT shoot and kill anyone, and did NOT burglarize any building. Yet I'm convicted of capital murder. To read the requirements for capital murder for yourselves, please Google Texas Penal Code 19.03. Meanwhile, I'll use quotes and summarize. The first REQUIREMENT is that a person MUST FIRST commit: "MURDER as defined under Section 19.02(b)(1)." That quote is immediately followed by the word: "and:". Then there are 9 categories of other crimes that MUST ALSO be committed by that person along with his committing murder. For example, they have: murder and robbery, murder and burglary, murder and employing another person to be there with him, murder and kidnapping, etc. I'm indicted under 2 different categories: murder and burglary, and, murder and employing another to be there with me. Regardless, murder MUST be satisfied BEFORE you can even get to the "and" part. So we must first go to the required Penal Code 19.02(b)(1) and read about murder. Doing so, you'll see for yourselves that a person "A" must DIRECTLY kill person "B" by person A's own hands and means. There are NO other persons or actors involved under 19.02 murder. It's very simply, person A HIMSELF directly kills person B. Period. The State TOLD the jurors I did NOT kill anyone. So right there you can SEE I'm COMPLETELY INNOCENT of capital murder AND murder. End of story for Penal Codes 19.03 and 19.02.
But Texas laws also allow for what's referred to as the "law of parties" to be added into a jury charge AFTER the prosecutors have rested their case. You can Google Penal Codes 7.01 and 7.02 which are titled: "Parties to Offenses" and "Criminal Responsibility for Conduct of Another" respectively. These 2 laws have been used by courts and prosecutors as their grounds to COMPLETELY DISREGARD THE REQUIREMENTS of capital murder and murder, and COMPLETELY DISREGARD THE INDICTMENT CHARGES; all of which SHOULD BE UNCONSTITUTIONAL! Nevertheless, 7.02(a)(2) states: "A person is criminally responsible for the offense committed by the conduct of another if: acting with intent to promote or assist the COMMISSION OF THE OFFENSE, he solicits, encourages, directs, aids, or attempts to aid THE OTHER PERSON to COMMIT THE OFFENSE." As you can see, this is another person A to person B law where there MUST be DIRECT communication, contact, and agreement between person A and person B. There is no indirect person A to person C type of involvement, and there canNOT be any kind of indirect person A to person C charge under this or ANY Texas laws. In my case, the State said I'm person A, and that there's ONLY ONE person B; Joseph Prystash. So under this law of parties, the State HAD TO PROVE that "the other person", Joseph Prystash (person B), did DIRECTLY "commit the offense" of murder by his own hands as defined by Penal Code 19.02(b)(1), AND, that I (person A) did "solicit, encourage, direct, aid, or attempt to aid" Prystash. But the State said Prystash did NOT commit the murder, and was not even at the scene at the time of the murder! End of story under ALL Texas laws, including this law of parties. My case is THAT SIMPLE!
I just PROVED TO EVERYONE reading this, that I'm COMPLETELY INNOCENT, and all those laws can be Googled and read for yourselves.
So HOW was I convicted, and WHY am I still here ON DEATH ROW after over 27 years? And equally as bad, NO ONE CARES!
Do YOU care? If so, PLEASE prove it by doing SOMETHING to HELP get me acquitted, released, and given my long overdue and deserved restitution so I can use it to help my children and others - as I long to do.
Yours TRULY, Bobby Fratta
NOTE: ANY media source or person(s) that talk about, highlight, or focus on anything other than these aforementioned FACTS OF MY CASE, are nothing more than shallow "haters" who are only interested in tabloid trash sensationalism and a degeneration of others and society as a whole, and wish to detract people from the real issues and truths of all the corruption in my case. But there's nothing anyone can say to change the laws and facts of my case as I outlined above.