Category Archives: Adopted Case

An “adopted” case has a similar procedure to a “featured” case.

It is used where there are safety or sensitivity considerations, where limited public information is available, for pre-trial cases or for similar reasons.

Holly McFeeture

Holly McFeeture was convicted in 2013 for killing Matthew Podolak, the father of two of her children with antifreeze in 2006.

At sentencing, Holly’s family members said she was a loving parent and a loyal and trustworthy person, who coached little league and raised her children the best she could as a single mother. “My mom is the greatest mom in the world because she is sweet and kind…I miss her,” said message from Podolak’s two younger children. Holly’s 15-year-old daughter said her mother raised three beautiful and loving children and was always there for them.

Holly was a suspect in Podolak’s death since 2006 when a pathologist concluded he died from chronic intoxication by ethylene glycol, the active ingredient in antifreeze. She was not charged until 2012, after Cleveland police received a tip that the poisoning was not an accident or a suicide.

Podolak’s family always maintained that he didn’t kill himself and that he was suffering from medical problems in the months before his death that caused him pain.

Before the sentencing hearing, McFeeture’s attorneys asked that Corrigan overturn the jury verdicts and acquit McFeeture or grant her a new trial.

They argued that state had failed to tell them that a former boyfriend of McFeeture’s, who was a key witness against her, had testified in another murder trial that sent a man to prison last year.

Jordan argued that attorneys should have been able to question him about it so jurors could weigh it in terms of his credibility. Corrigan, however, denied the requests citing plenty of evidence and testimony that the jury heard questioning the Jamison Kennedy’s credibility — or lack of credibility.

Source: News report August 28, 2013

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Sylvester Davis

Sylvester Davis Jr., was convicted of killing his girlfriend Yamisha Thomas of Columbus.

Davis, 32, was sentenced as a habitual offender to life imprisonment without the possibility of parole in the death of Thomas.

Court testimony shows that Davis had been with Thomas on April 23, 2011, the day before she was reported missing. Davis first told Thomas’ mother that he too had been looking for the 30-year-old woman, but he later changed his story.

During an investigation, police recovered Thomas’ abandoned 2006 Chevy Avalanche in Columbus and later noted that Davis had a mark on his face as though he had been in a struggle.

A break in the search for Thomas came when Alabama Bureau of Investigation agents were questioning jail inmate Jerry Wayne Foster, who worked for Davis at a detail shop in Phenix City. Foster told authorities that Davis picked him up on the evening of April 23, went to the Summerplace Drive rental home where the couple once stayed and drove her red Avalanche to a hospital in Columbus.

Davis took Foster to Thomas’ body and sought help to conceal it but he refused. As he walked away, Foster spotted what appeared to be a body wrapped in a sheet. It had feet exposed with toenails painted.

Foster returned to Tuskegee, Ala., where he was to face unrelated felony charges on outstanding warrants. While in the Macon County Jail, he told the ABI agents about a body in Phenix City and said he could lead them to the remains. Thomas’ body was found in a shallow grave on May 23, 2011, in a wooded lot off Third Street South in Phenix City. Her body was beneath a mattress lying on the ground.

Source: News report

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Tom Wilkerson

17553949_1963861050509721_8938791363575964772_nTom Wilkerson was convicted of child abuse (a four swat spanking which he could not have given since he was at work) and tampering with a witness for telling the children to tell the truth. The child accusing him had been dumped out of a prior placement for the exact same allegation. that was not allowed into evidence. Nor were the prior parents allowed to testify about the child’s pathological lying.

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A message from Tom’s daughter, March 31, 2017:

My Father, Thomas Wilkerson, fondly referred to as Tom by hundreds of people, is currently sitting in a tiny prison cell in Jefferson City Correctional Prison. He was put there after he, along with his wife, devoted years of selfless service to the foster care system, fostering severely damaged children for many months at a time, filling them with all the love and attention that a child in the system craves.

Tom’s two biological children have an extremely high regard for him. Tom, always a strong, outdoorsy guy, spent hours building tree houses, zip lines, and rappelling with them as they grew up. He also did this with his foster children. Everyone loves Tom; he is a favorite, and nobody forgets Tom after they meet him even just once.

Tom was forced into a sham trial by the Lincoln County Justice system. (the same system that incarcerated an innocent Russ Faria in a terrifying display of the corruption that fills the Justice system in Lincoln County.) This corruption showed up in Tom’s trial in many forms. Not a single piece of exculpatory evidence was allowed as to Tom’s whereabouts, which would have proven clearly that Tom Wilkerson was not even in the home or with his children when the alleged four-swat spanking occurred. Rather, he was at work, working hard to make a good living for his wife and five adopted children.

Also the evidence that one of the children, in a prior placement, had alleged abuse, and that abuse was then proven false. The child had lied. This evidence was completely omitted from Tom’s trial.

The children chose to keep the Wilkerson’s name after the trial, even though they were told over and over they were allowed to go back to their own prior last name. During supervised and unsupervised visits, they often begged to go back home with the Wilkersons. Evidence of this was withheld during the trial.

The trial itself happened years after the first allegations had been made, giving Lincoln County time to alienate and brainwash the children into the mind-set of abuse. The children had no idea of the gravity of the accusations they were making during the trial. This was due to the fact no doubt, that they had been born with opiates in their system. They had Fetal Alcohol Syndrome, and had been diagnosed with Reactive Attachment Disorder (RAD). This allows the children to be manipulated and controlled. None of this extremely pertinent information was allowed during Tom’s trial per the prosecutor asking the judge to suppress these details.

During the trial the children often appeared drugged and sleepy. It was apparent they had been given something to make them more pliable. They always looked toward the front row before answering any questions that were asked of them. This witness coaching appeared in full view of Judge Mennemeyer, who also made it clear that she had not read a single one of the 40 letters of character references that she had received before the trial.

The oldest child, who is now 20, was not allowed to come to the trial to testify on Tom’s behalf, after he had repeatedly said that “nothing had happened”. Church Elders, pastors, and friends were also excluded from testifying. The Wilkersons had conveniently NOT been informed by Rod Barnhill, the Deputy Juvenile officer, about the problems the children had developed before they were placed in the Wilkerson’s home: that they were sexual predators This omission by Barnhill was in direct violation of both state and federal law.

This allowed Lincoln County to collect federal money from the Safe Families Act, both when placed with the Wilkerson’s, and when removed. A two-for-one, if you will. Lincoln County has a long history of framing people for the Safe Families Act in order to get federal money. They target people who have low IQ’s, adopted children, or children with mental problems. In short, they target the people who are easily manipulated.

We believe the prosecutor, Leah Askey, and Judge Chris Kunza Mennemeyer colluded to exclude all exculpatory evidence of Tom’s innocence from his trial in order to ensure a guilty verdict and subsequent conviction, therefore padding their own resume, and furthering their respective careers.

The Lincoln County Justice system has become so corrupt that they appear to think themselves above the law. They target the weak, garner federal money from the Safe Families Act, and manipulate and control each trial by the Prosecutor and Judge. The judge is supposed to be the arbiter between the two parties, and not the arm of the prosecution, fixing cases to ensure conviction as was clearly done in Tom Wilkerson’s and Russ Faria’s cases by Leah Askey (currently under investigation by multiple authorities and the Chief disciplinary counsel of the Missouri Bar) and Judge Chris Kunza Mennemeyer (Now under suspension).

We are anxiously waiting for the appellate court of the Eastern District of Missouri to rule on the case that was heard on February 9, 2017. Thank you in advance for your support and help.

[End Message]

Charles Leroy Cope

Charles Leroy Cope was convicted in 2014 on two charges of torture and the two charges of unlawful imprisonment after two women made false accusations against him and Jason Sadowski.

His attorney adopted a “duress” defense, after failing to consult with his client before the preliminary hearing.

Sadowski won his direct appeal and was cleared of all charges in March 2017 after a jury retrial.

For more details please see https://freecoachjason.wordpress.com and https://freecoachjason.wordpress.com/leroy-cope/

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Nicholas Newbold

Nicholas Newbold was wrongfully convicted of crimes committed by his ex-fiancé. She abused their two month old little girl, resulting in her death. Under California’s aiding and abetting law, Nubi was basically found guilty by association. He’s serving 30 years in prison and she is walking free! His only crime was choosing a cold hearted, selfish woman to fall in love with.

Source: http://www.freenubi.com/

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Marcel Johnson

Marcel Johnson was convicted in June 2015 of stabbing to death a pregnant woman and her 4-year-old daughter on November 25, 2013, and sentenced to death.

Behind bars, he allegedly confessed to a fellow inmate, George Lewis. The defense argued in closing that Lewis was a motivated witness with a long rap sheet and plenty of reasons to lie to help his own case, and told the jury that Johnson’s DNA was not found in evidence from the scene.

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Daniel Gwynn

Daniel Gwynn was convicted of first degree murder, arson and aggravated assault in 1995. The primary evidence against him was an incriminating police-written statement that he signed. In this statement Mr. Gwynn is supposed to have started the fire at that killed Marcia Smith, one of the six homeless residents there, who refused to jump out of a third floor residence. The other five residents survived. Two of the residents testified that on the day before the fire they had an altercation with someone known as ‘Rick’ who fought with them for seventy minutes before being forced to flee the residence and threatened revenge. The five homeless residents told police that they believed ‘Rick” had to have started the fire – even though they did not see who started the fire.

According to false confession expert Dr. Richard Leo, “There is no objective record of what occurred and therefore no way of ruling out that Mr. Gwynn was not educated about those facts that he got correct, a phenomenon known as ‘contamination’ that is not uncommon in police interrogations, especially those leading to false confessions.”

Source: http://www.thepetitionsite.com/en-gb/125/358/722/free-daniel-gwynn-an-innocent-man-on-death-row/

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Don Roberts and Glynn Simmons

On December 30, 1974, two men held-up the Edmond Liquor Store and and in the process shot clerk, Carolyn Sue Rogers, who was killed, and a customer, Belinda Brown, who was wounded but survived.

Don Roberts and Glynn Simmons were subsequently convicted of the murder. There was no physical evidence to link them to the crime, only a questionable eyewitness identification by Belinda, and a juvenile who identified Don in a lineup.

Don and Glynn were strangers the day of the murder, they had only met once at a party, weeks after the murder. Police say their alibis didn’t check out.

Police reports indicate detectives recovered at least one usable finger print, and a bullet, but police said in court there were no fingerprints lifted from the scene of the murder.

Carolyn’s sister, Janice Smith, later wrote a letter to Glynn, and became convinced of his innocence.

Source : http://kfor.com/2014/05/15/prosecutor-family-believe-convicted-murder-could-be-innocent/

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Emerson Stevens

Emerson Stevens was convicted after two 1986 trials of abducting a mother of two from her home on August 22, 1985, while her children were asleep in the house. Five days later, her body was found in shallow water near Belle Isle Marsh, off the Rappahannock River. Stevens was sentenced to 164 years and a day in prison.

In December 2016 the Innocence Project of the University of Virginia School of Law filed an amendment asked for the conviction to be vacated.

According to the amendment, withheld evidence was found including an FBI report identifying a number of additional viable suspects; several witness statements in interviews that conflict with their court testimony; disclosure of witnesses whose statements could have impeached the testimony of prosecution witnesses; and, evidence of coercion of witnesses by the state’s chief investigator. “Mr. Stevens was convicted of a crime he did not commit…The Commonwealth’s failure to disclose the exculpatory evidence on which those false testimony claims are based violates its obligations in Brady versus Maryland”.

Source: http://rrecord.com/innocence-project-casts-doubt-on-stevens-1986-murder-conviction/

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Casmer Volk

In  January 2012 Casmer Volk was found guilty of raping a child and sentenced to 28 years to life.  A medical exam performed 30 hours after the alleged attack showed no trauma or bruising. When questioned by police, the child repeatedly stated the allegation was a lie, before changing his story again. Underwear the child wore to the hospital, put on a day later, tested positive for blood and semen, but a DNA test excluded Casmer, and indicated the child’s father was the source of the semen.

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Daniel Holtzclaw

Daniel Holtzclaw was convicted in December 2015 of 18 of 36 counts of sexual  assault, and was sentenced to 263 years in prison.

Daniel maintains his innocence, and has several credible supporters with detailed knowledge of the case. They point out that many of the allegations were disproven, and none of the allegations were corroborated by independent evidence.

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Schaeffer Cox

In June 2012 Schaeffer Cox was found guilty of conspiracy to commit murder and of various weapons offenses in a plot to kill government officials and law enforcement officers.

Defense attorneys said that plans for violent action were suggested by undercover informants. Supporters claim that the investigation of Cox amounted to entrapment, and the jury did not see the investigating special agent’s emails saying Cox was not a threat, witness intimidation, and audio recordings of Cox refusing to use violence at the suggestion of informants.

Sources:

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Vincent Simmons

On May 22, 1977, Karen and Sharon Sanders, 14-year-old twins, reported that they were raped two weeks prior. In statements to police, the twins claimed that they, along with their cousin Keith Laborde encountered a black man at the 7-11 filling station. They gave the man a ride and then claim that the same man produced a knife and ordered everyone into the trunk of the car. He then allegedly raped the twins one at a time and repeatedly before setting them free. The twins claimed that their attacker threatened to have his buddies come after them if they breathed a word.

In their statements, the twins were unable to identify their attacker because “all blacks looks alike.” With this information, Avoyelles Parish police picked up Vincent Simmons and placed him under arrest. Simmons was placed in a line-up in which he was the only one handcuffed. The Sanders twins and Laborde then identified Simmons as their attacker.

From 1977 until 1993 Simmons filed repeated motions to view the evidence file pertaining to his case, including police reports, arrest reports, victims’ statements, trial transcripts, the medical examiner’s report and other documents. After 16 years, his request was finally granted. Facts that came to light included the medical examination of the twins, which showed that Sharon Sanders’ hymen remained intact three weeks after the date of the alleged rapes and that she remained a virgin. This medical examiner’s report was never turned over to the defense for discovery during the trial.

There was no physical evidence presented in the Simmons case that the rapes actually occurred. Simmons’ defense also presented several eyewitnesses who claimed that Simmons was at a local bar with them the night of the alleged rapes.

Simmons was given a 100-year sentence, two counts of attempted aggravated rape.

Source: https://en.wikipedia.org/wiki/Vincent_Simmons

Website : http://www.freevincent.com/

Documentary (1999):

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Danny Lee Thompson

Danny Lee Thompson was convicted together with Andy W. Snyder for the murder of Michael W. Beauchamp, a homeless drifter.

Beauchamp  was last seen with two men at the Viking Lounge. His body was found floating in the Flint River at a Genesee County parks fishing site off N. Irish Road in Richfield Township, in October 1996. Police said a pathologist said Beauchamp died from drowning, but was beaten before being tossed in the water.

DNA on discarded cigarette butts found at the murder scene linked  the pair to the homicide. Snyder, who was already in prison when charged, was sentenced to 25-50 years in prison. He claimed that if he did not help Thompson that day, he also would have been killed.

At the sentencing hearing, Danny denied any involvement in the Oct. 7, 1996 killing, “I never laid my hands on him”, he said .

Source: News Report February 25, 2008.

Evidence shows that the testimony of Vega, the bartender, who testified that Danny wanted to beat the victim, was false, the person she described was not Danny. Danny’s confession was coerced, and Snyder also confessed. One of the confessions must have been false.

Source: see proposal post.

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Ronald DiMambro Jr.

sportyRonald DiMambro Jr. was convicted in 2014 for the murder of Damian Sutton, the two-year-old son of his ex-girlfriend, and sentenced to life in prison.

Damian and his mother were living in the home of Ronald’s parents. Damian was in the care of Ronald at the time of the alleged assault in August 2013 while his mother was at work.  The defense say Damian accidentally fell from a kitchen bar stool 1-3 days earlier, and that likely accounted for his death. Damian was taken to hospital, but was taken off life support and died six days later.

In October 2014 a judge ordered a new trial, ruling that 32 photographs withheld by the prosecution were crucial, stating that “The information provided by these photographs … would likely have materially changed how the jury viewed the relationship between the defendants’ conduct and Damian’s death. The nondisclosure may have been unintentional, but it was no harmless error.”

The photographs could have helped the defense, and its expert, Dr. Bader Cassin, because they more clearly show that bleeding on one side of Damian’s brain was caused by surgical incisions, not necessarily blunt-force trauma, the judge said. The information suggests Damian may have suffered only one blow instead of two, raising the possibility of a fall instead of an intentional act.

Source: Judge orders new trial for man in 2-year-old’s death 1 Nov 2015.

In December 2016, the Michigan Court of Appeals affirmed the judge’s decision. The county prosecutor’s office planned to appeal to the Michigan Supreme Court.

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Angelika Graswald

Angelika Graswald was charged with second-degree murder in the death of Vincent  Viafore, whose body was recovered from the Hudson River in April 2015. 

Prosecutors said Graswald removed a nickle-sized drain plug on the top of the kayak to allow it to fill with water, however experts say the amount of water entering a small hole on the top of the kayak could be minimal compared to the amount of water splashing into Viafore’s open cockpit.

In a nearly 12-hour taped interrogation by police 10 days after Viafore disappeared, Graswald repeatedly denied killing her fiance and said her desperate calls to 911 were real.

Graswald also said during that interrogation, which she punctuated with yoga and hopscotch, that she was “OK” with Viafore’s death and “wanted him dead.”

Graswald told ABC News’ Elizabeth Vargas in a November 2015 jailhouse interview that she was at her “breaking point” during the taped interrogation.

“Well they kept me asking me the same questions like a hundred times. I knew that I was innocent,” Graswald told Vargas. “I was at my breaking point. I just, I had it so I just gave ’em what they wanted.”

She also denied in the interview that she removed the plug from Viafore’s kayak with the intent to kill him, saying, “No, I did not.”

Graswald’s attorney, Richard Portale, said in a court hearing that Graswald may have miscarried a baby during an interrogation. He also claimed that his client asked investigators who “Miranda” was after she was read her Miranda rights, according to The Associated Press.

Sources:

Trial is set for February 14, 2017.

See also “Death on the Hudson“, 48 hours, Sep 12, 2015.

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Nathaniel Allen

Nathanial Allen was convicted of ordering the 2003 murder of Donald Wilder, Jr. he was jointly tried with two others who the evidence shows committed the murder. At least one witness against him lied, an appeal ruling denying one of his appeals stated:

“The Petitioner asserts that Atkins was present at a time Brassfield testified the Petitioner discussed the murder, and Atkins would testify that the Petitioner did not discuss a murder. Atkins would also testify that Brassfield had reason to testify against the Petitioner. Although Atkins’s testimony would have been relevant to impeach Brassfield’s trial testimony, the proof at the hearing showed another defense witness, Bronson Hollifield, contradicted Brassfield’s testimony that a similar conversation occurred at another location. Additionally, at least one other witness testified to Brassfield’s reputation for lying, and Brassfield was impeached with his prior convictions and his motives to testify against the Petitioner. Finally, the record shows trial counsel did much to discredit Brassfield’s testimony.”

Other witnesses were very dubious, and another witness who should have testified to a crucial meeting that allegedly implicated Nathaniel did not testify at all.

The State’s case

Nathanial did not take part in the killing, but he requested the murder be committed, provided drugs to assist in the killing, and provided money and drugs in exchange for the killing. George Arthur Lee Smith was the shooter and Shannon Lee Jarnigan assisted.

Witnesses

Connie D. Lawson, George Smith’s sister, testified that she talked with George Smith while they were at her house and that he was crying “really hard.” He told her that he had shot the victim in the back of the head. Jarnigan, who was also in the room, said, “We killed him execution style.”. Lawson testified that she refused to speak with the Defendants’ lawyers in preparation for this case because she had been threatened and did not know who to trust. Lawson conceded that the State’s attorney told her not to speak with the Defendants’ attorneys. Lawson agreed that she had previously been convicted in 1999 of misdemeanor forgery and in 2002 of criminal impersonation. She said that she violated her probation for criminal impersonation and had to serve three months in jail. Lawson said that she did not call the police after her brother and Defendant Jarnigan confessed because she did not believe what he said. More at pages 12-13 of 2007 ruling.

Michael Lynn Brassfield, Nathaniel’s brother, testified he went to the Super 8 Motel in Morristown where he saw Nathaniel and George Smith, Richard Atkins, and a girl named “Sissy.” While in the motel room, Defendant Allen mentioned two “Mexicans [who] had twenty-five thousand dollars on [the victim’s] head.” Brassfield recalled another incident around the same period of time when he was at a Days Inn in White Pine with Defendants Allen and Smith, West, and “Sissy.” While there, Nathaniel asked Brassfield and Defendant Smith to go to the bathroom with them, and he mentioned again about the two Mexicans who offered money in exchange for killing the victim. Nathaniel said that, if someone killed the victim, he would ensure they were paid. Nathaniel said that he wanted the victim killed because the victim “had indictments on him.” Brassfield agreed to kill the victim but could not get him “off the hill” ( meaning out of his house ). More at page 13 of 2007 ruling.

Phyllis West said that, on Tuesday, June 24, 2003, she and Epps went to the Days Inn Motel, and Epps paid for their room. The following day, she and Epps got a room at the Hillcrest Inn in White Pine. Later, Epps picked up Defendants Smith and Jarnigan, who rented a separate room at the same motel. Defendant Allen and a man named Darrell came to the room later with a black pistol. More at page 9 of 2007 ruling.

Danielle Lynne Epps testified that the State charged her in this case with first degree murder, alleging that she aided and abetted the Defendants in committing the victim’s murder. She testified she had reached a plea agreement with the State whereby she would plead guilty to attempt to facilitate first degree murder and testify truthfully at the Defendants’ trial in exchange for the State’s recommendation of an eight-year probationary sentence. Epps described Defendant Allen as her friend, and said Defendant Allen introduced her to Defendant Smith at the College Square Apartments in Morristown. He told her at the time of the introduction that Defendant Smith “was the one that was going to take [the victim] out.” Epps recalled another time when she heard West and Defendant Smith discuss that Defendant Smith would kill the victim. Epps said that, on June 24, 2003, she stayed at the Super 8 Motel with Defendant Smith and West. Defendant Allen made the statement that whoever “got” the victim first would get paid, but he did not disclose the amount. More at page 10 of 2007 ruling.

Stephanie Schaeffer (defense witness) testified that she knew Phyllis West well, as the two had been incarcerated together for about ten months. Schaeffer said that West discussed with her frequently the victim’s murder but never mentioned Defendant Allen’s name.

Bronson Hollifield (defense witness) testified that he has known Defendant Allen for approximately six or seven years, and, previously, he worked for the Defendant’s concrete business. Hollifield said he was present at the market when Defendant Allen saw Rucker, and Defendant Allen did not solicit anyone to kill the victim.

Timeline

February, March 2001 Victim employed as an informant, victim and Nathanial contacted each other multiple times. The victim and the victim’s wife were paid confidential informants.

Febuary 2001 Michael Brassfield’s girlfriend murdered “She was beaten n had horrible burns no her face n body n around her neck was a rope n her eyes were gouged almost out .” per discussion here  ).

June 24, 2003 Epps stayed at Super 8 Motel with West and Smith.

June 26, 2003 Some time after midnight, George Smith checked into Super 8 Motel located on East Andrew Johnson Highway.
June 26, 2003 Calls between the George Smith’s cell phone (# 423-312-3439) and the victim’s residence before 7:00 a.m., around the time that the victim became missing.
June 26, 2003 6:48 a.m. 3 minute call from victims phone to 423-312-3439.
June 26, 2003 6:52 a.m 1 minute call to victims phone from 423-312-3439.

July 2003 Detective Chad Smith asked by DA’s office  to investigate the victim’s disappearance because the victim was an important witness in multiple pending drug cases.

August 20, 2003 Detective Chad Smith interviewed George Smith, Smith admits shooting the victim and gives a detailed account of events.

August 27, 2003 Sheriff’s Department told Agent Smith about skeletal remains found on River Road.

August 2003 Chad Mullins, a sergeant with the Hamblen County Sheriff’s Department, testified that he received a message in August 2003 from Brassfield. Brassfield told Sergeant Mullins that, if the sergeant kept Brassfield’s family safe, he would take the sergeant to the victim’s body. A few days later, Brassfield took him to the body. Sergeant Mullins agreed that Brassfield told him that “another man” helped Brassfield move the body, and Brassfield did not mention Defendant Smith.

December 17, 2003 Police find .380 high point semi-automatic pistol with a laser sight and a clip or magazine in the area described by Jarnigan.

March 15, 2004 Victims wife dies.

January 2006, bond reduction request denied ( News report ).

March 2006 Nathanial, Smith and Jarnigan convicted after a single trial.

August 2011, Jarnigan’s State level appeal denied.

August 2015, Jarnigan’s federal habeas appeal is denied.

Notes

From the 2012 ruling, page 2:

Phyllis Allen, the mother of the Petitioner and Brassfield, testified that she was not called as a witness at the Petitioner’s trial and did not know why. Had she been called, she would have testified that Brassfield came to her house one day seeking money. He told her that he had committed some robberies and needed the money to flee. Brassfield threatened her, and attempted to run her over with a truck. When Brassfield was unsuccessful in getting any money from her and the rest of the family, he “said that he was going to get revenge against my son, Thomas Allen, and myself and my – daughter, Nikki Allen – Janan Allen and the whole family.”

The Petitioner asserts that Atkins was present at a time Brassfield testified the Petitioner discussed the murder, and Atkins would testify that the Petitioner did not discuss a murder. Atkins would also testify that Brassfield had reason to testify against the Petitioner. Although Atkins’s testimony would have been relevant to impeach Brassfield’s trial testimony, the proof at the hearing showed another defense witness, Bronson Hollifield, contradicted Brassfield’s testimony that a similar conversation occurred at another location. Additionally, at least one other witness testified to Brassfield’s reputation for lying, and Brassfield was impeached with his prior convictions and his motives to testify against the Petitioner. Finally, the record shows trial counsel did much to discredit Brassfield’s testimony.

Documents 2007 ruling | 2012 ruling

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