Free Rusty Reger

My Junkie Prosecutor


      Who was the main orchestrator behind this miscarriage of justice?  It was my lead prosecutor, Frederick "Fred" Werner Rabalais, Jr., (DOB 08/23/59: SSI #466-31-6801, TXDL #08393862, CID #0631504, SBOT #16444400).

      Fred had been released from inpatient drug rehab just before he prosecuted my 1996 jury trial.  The Storey clan demanded my head; they wanted absolute revenge and called Tim Curry's Office daily.  Numerous ADA's had already passed on prosecuting my case, but not Ol' Fred.  He wanted to shine.  He wanted to prove to his boss (Tim Curry) that he still possessed the gumption to post on his office "Conviction Board" a 1st degree felony conviction "win", along with a life sentence to boot.  Of course, the truth be damned.

     Fred didn't get to bask in that limelight for very long after he won my wrongful conviction (and life sentence), because he'd fallen back off the sobriety wagon.  Instead of being fired, Fred was given the option to resign, which he took in November of 2000.

     On 11/20/03, Fred picked up his very own felony (Fort Worth PD Report No. 03134202, by Officer C.M. Williams #2844).  (Click on File #45).  Alas, former boss, Tim Curry, made Fred a sweetheart deal; instead of conviction and jail time, Fred went back into another inpatient drug clinic located in Rayville, LA, from 05/16/04 through 09/07/04.

     It wasn't long after his release before wife (Tina) then began to notice those old signs; Fred was back off the sobriety wagon- he was getting his prescriptions filled by old Dr. Feelgood (Dr. Dean Cabansag, M.D.- Haltom City Medical Clinic).  He also had a handful of "Dealer/Defendant Clients," who also helped him stay "self-medicated."  By 09/24/04, Fred picked up some dragon tattoos and shaved his head.

     On 09/29/04, Fred got up real early and stole $300.00 out of his wife's purse, and then went out partying all day.  Around 5:00 P.M., Fred drover over to the Stop-Six area (a.k.a. The Hood) in Fort Worth.  He picked up one of his felonious dope dealer/clients, Daquon Lang (DOB 06/14/78).  They picked up more money from the ATM, then picked up more dope and a prostitute, to boot.  They rented a room at the Economy Hotel (5420 East Loop 820) at around 9:00 P.M.  Fred started looking ill, so Lang drove him over to the J.P.S. Hospital, where Fred later died due to acute heroin and cocaine intoxication.  This occurred at 10:55 P.M., 09/29/04.

     Fort Worth PD Detective, J.A. Hernandez #2390 investigated Fred's case and wrote his Report #04117532 (Click on File #46). Dr. Nizam Peerwani, M.D., performed the autopsy on 09/30/04, and issued his Report in Case No. 0408276 (Click on File #47).  Ms. Deanna Boyd with the Fort Worth Star-Telegram, wrote two reports in regards to Fred's case.  Those can also be read at  Notice the time delays in regards to reporting the second article?  Det. Hernandez had been in direct contact with her.  Shhhh...




Fred Knew


     Fred Rabalais knew, without any doubts, that Christina was lying about her shooting sequence testimony.  He knew Christina was committing AGGRAVATED PERJURY up on that trial stand when she swore Matt never laid a hand on her.  (Vol. 5, Pages 277-280).  Fred knew this, because his office was prosecuting Matt for that very assault under Tarrant County Cause No. 0563977.  (Click on File #14).  Fred knew Christina lied about Brittnie having called Matt (04/02/95).  Fred knew she was lying about Matt only drinking a single six pack of beer the entire day of 04/02/95, because his expert, Dr. Krouse, found that to achieve a .25% BAC level, like what was found within Matt's system during the time of death, Matt would've had to ingest twelve beers, two hours BEFORE his death.  (Vol. 4, Page 180).  Fred knew Christina lied during her rebuttal testimony (Vol. 5, Pages 438-439), swearing Matt never laid a hand on Michael Furrh; that Ron Venerable assaulted Michael on 08/28/94.  Fred knew Vicki lied abou that same event. (Vol. 5, Pages 441-442).

     Fred knew Brittnie had lied about her calling Matt on the evening of 04/02/95, he knew she lied about her changes given to Chief Waybourn on 04/06/95 (Vol. 4, Pages 81-86).

     Fred knew that Ron and Tamara Venerable, along with Tracy Storey-Woodell, had in fact coached his witness's testimony while they were up on that witness stand.  Fred knew they were also violating "The Rule" with impunity- discussing trial testimony with his witnesses located out in the hallway. (Vol. 5, Pages 435-438).

     Fred knew that ADA Tim Bednarz's "Execution Opening Statement" was wrong.  (Vol. 4, Pages 5-6).  Fred knew his "Closing Summations" regarding my alleged shooting Matt in his back and head was wrong.  (Vol. 6, Pages 472-473). (It flew contrary to Dr. Krouse's sworn testimony and autopsy findings).

     Under our law, Fred was not only prohibited from using this perjury within my 1996 trial, he was also required to correct it the very moment it was discovered.  See e.g., Giglio v. United States, 405 U.S. 150, 153-54 (1972), and Napue v. Illinois, 360 U.S. 264, 269-70 (1959).  Fred's past and his character prove he couldn't have cared less about these lies being orchestrated by him.  He didn't care about "The Truth" nor did he care about the law required of him under Article 2.01 of the Texas Code of Criminal Procedure.  Cf. Berger v. United States, 295 U.S. 78, 88 (1935) ("Special role played by the American prosecutor in the search for truth in criminal trials").  Fred was only focused upon one goal:  He wanted a win- he wanted a conviction.  He won that conviction.

     Then, during sentencing phase, Fred yelled to my jurors, "...And the bottom line is if you're going to probate anybody or if you're going to sentence him to anything less than life where they're going to get out in a short period of time..." see, e.g., Reger v. State, No. 02-96-00217-CR (Tex. App.- Fort Worth, July 31, 1997, pet. ref'd).  Well, Fred got what he'd suggested to my jurors- he got that LIFE sentence.

     And, becuase of the overwhelming police and prosecutorial misconduct (piled on top of the Storey Story coalition) committed during my entire case, it rendered Attorney Portnoy to become ineffective.  Fred knew this result would occur.  He knew in the end, he'd make Attorney Portnoy never believe in my given plea, "NOT GUILTY BY REASON OF SELF-DEFENSE."  It all worked out, just as Fred had planned. Just re-read Attorney Portnoy's affidavit.  (Click on File #33).