Category Archives: Crime-Committed-By-Other(s)

Lee Calvert

50-year old Barry Selby was attacked in the bedroom of his home, in Rayleigh Street, East Bowling, shortly after 2am on Monday, October 14, 2013, while his wife and daughter were present. Five men drove to his home and smashed open the front door . Three of the intruders went upstairs and confronted him.

Mr Selby was shot in the leg and doused from head to foot in sulphuric acid. He suffered 50 per cent acid burns and died in hospital four days later when his vital organs failed.

Lee Calvert, 23, of Stirling Crescent, Holme Wood; Joseph Lowther, 22, of Copgrove Road, Holme Wood; Robert Woodhead, 28, of Fred’s Place, Tyersal; and Andrew Feather, 23, of Heysham Drive, Holme Wood; had all denied murder, but were convicted.

According to Lee’s family, there was no forensic evidence to connect the men to the attack. Four months after the attack, the victim’s wife identified Lee in an identity parade, but she admitted her family had shown her pictures of Lee on facebook. The only other evidence was a drug addict who subsequently admitted he was lying. Two witnesses have come forward to say that the addict had bragged about stitching Lee up. “He was convicted from an identity parade months after the murder. He had to wear a balaclava and he was convicted because someone said they recognised his eyes.” according to Lee’s mother.

News article on conviction July 2104

Solicitor of Lee Calvert says fight to acquit him of murder continues August 2016

Discussion | Proposal Post

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Justin Erskine

Justin Erskine was convicted of first degree murder after being an unwilling witness to murders committed by two other men.

On June 5th 2006, Justin was working for a man named David Hamilton in Dover, Delaware. David was the foreman of the landscaping company Justin was employed with and also a friend. On this day, the weather was bad and both Justin and David took the day off and decided to drive to Baltimore in the company truck. At the time, contained within the truck was a 12-gauge shotgun that David had borrowed from his friend, Matt.

Before leaving for their trip, they visited Matt at his property. Matt asked David if he could obtain some drugs for him, Percocet pills, and David agreed that he would attempt to secure a deal. Matt gave David some money and then both David and Justin left Matt’s home. As they were leaving, David saw two men who he knew could possibly obtain some Percocet pills, the men were Trevor Moncrief and Raymond Ward. Both Trevor and Raymond joined David and Justin in the vehicle and some calls were made by both men to see if the drugs could be obtained.

After a short while driving around, Justin was taken back to Matt’s house by David and Justin remained there until David returned. David explained that the deal he had pursued had been unsuccessful and told Justin and Matt that he thought he had secured a deal via Trevor and Raymond and asked Justin if he would ride with him to make the deal. David felt uncomfortable about going alone and so Justin agreed so as to show support to his friend. All four men, David, Justin, Trevor and Raymond drove to make the deal which turned out to be unsuccessful also.

Eventually, 3 Percocet pills were obtained and the men drove to a gas station. David, Trevor and Raymond went inside while Justin remained in the truck. Shortly after leaving the gas station, David received a call from a friend, Jesus Aviles. David asked the three passengers if they would mind riding with him to a friend’s house and they each agreed.

David vacated the truck alone to speak to Jesus and soon both men returned to the vehicle. David was in the driver’s seat, Jesus by the passenger door and Justin seated in the middle. Directly sat behind David in the back seat was Trevor Moncrief and behind Jesus sat Raymond Ward.

The shotgun was positioned next to David. Jesus asked David if he could see the gun and David obliged and passed over the gun. Justin remained in the middle seat, silent. Once the gun had been passed to Jesus, the men in the back seat knew something wasn’t right and began asking to be let out of the car. Jesus turned around in his seat and began yelling at both men, pointing the shotgun at them; he began shouting at them about money and the fact that they had tried to rob his friend. This continued for around 10-15 minutes. Jesus encouraged the men to plead and told them to pray.

Jesus Aviles then shot Raymond Ward point blank in the head and turned the gun on Trevor Moncrief shooting him in the side of the head. Justin, still sat in the middle, went into shock and couldn’t speak. Jesus began screaming and yelling to be let out of the truck, acting hysterically. David drove Jesus to his mothers, who lived close by.

Before exiting the vehicle, Jesus told both David and Justin,” I know where you live. I know where your family lives. Nobody better say anything about this”.

David immediately called his friend and sister’s boyfriend, Raymond ‘Joey’ Gleaser and told him ,’’I’ve got two I’ve got to get rid of’’ This struck Justin as odd, as though it was a normal practice.

David and Justin drove to David’s sister, Randi’s house and went inside to talk to both her and Joey. Justin was instructed to remain in the vehicle. Justin in complete shock at this point…each movement and conversation felt surreal. Soon, David returned to Justin and the vehicle and took him inside. At this point, David threatened everyone in the room saying ‘If anyone had a problem with what happened he had a loaded shotgun for them too’. As Joey and David held a private discussion, Justin and Randi talked. Randi expressed a deep concern to Justin that she believed the threat that David had made.

Many conversations were held of which Justin held no part over a period of two hours. Soon, David went outside, followed by Justin and Joey. As they stood outside, David heard noises coming from the truck and went to discover that the man who had been sat directly behind him in the vehicle, Trevor Moncrief, was still breathing although in a vegetative state. David issued the instructions that they were all leaving and Justin went to get in the truck with Joey while David returned to his truck where the victims remained. David then came to Joey’s truck to the passenger side, where Justin sat. David told Joey and Justin that Trevor Moncrief was still alive and asked Justin for the butterfly knife he usually carried with him in his bag. David took this knife and returned back to his truck to slit the throat of Trevor Moncrief.

Justin remained in the truck with Joey and didn’t see exactly what happened. Within minutes, David returned back to Justin and Joey and told them that the victim wouldn’t die. Justin responded ‘’Please just hurry up I want to get out of here’’.

Justin just 18 at the time, having witnessed two men brutally murdered just inches away from where he sat, and then receiving threats on his life from both Jesus and David, was desperately trying not to antagonise the situation or David any further.

Joey vacated the vehicle and reached into the bed of the truck into the toolbox he kept there to obtain something, Justin was unaware of what that was, then both Joey and David retuned to the truck with the victims and Justin observed both men reach inside. David told Joey and Justin that they needed to get rid of the bodies and so they drove to Goldsboro, Maryland to some property owned by Joey’s mother. After finding an appropriate location to bury the victims, David dug two holes.

David instructed Justin to help him carry one of the victims to a hole, Justin did this but then refused to help any further. The three men left the property early morning on June 6th, Joey returned home to burn any evidence and David took Justin back to his friend, Matt’s house where Matt gave Justin a ride home. David explained to Matt what had happened and returned his shotgun, telling him to clean the weapon. David returned the truck to the owner of the landscaping company, Bradford Yaeger.

David explained what had happened but said he acted in self- defence after Trevor and Raymond had tried to rob him. David did not mention Jesus Aviles’s involvement and said that Justin had nothing to do with it either.

This story was then repeated in the presence of a neighbour friend of Bradford Yaeger’s who consequently informed the police.

The police arrested David and he admitted to killing both men, he also showed the police where he buried the bodies. David made a statement that said Justin was in no way involved with the death of either man. The police took Justin in for questioning. Justin gave a statement but, like David had, failed to mention Jesus Aviles involvement for fear of his own life and that of his family.

Seven and a half month later, Justin felt compelled to talk to the police again and contacted them himself to go and give them a new statement that told of Jesus Avile’s role in the murders.

A couple of month after this, the police arrested Joey, Matt and Justin.

Justin was arrested and charged with First Degree Murder, Possession of a deadly weapon during the commission of a felony, Conspiracy 1st, Conspiracy 2nd and Tampering with physical evidence on March 21st 2007. Justin was held in custody for 18 months while the case went to trial on September 29th 2008.

The prosecution offered David a plea bargain and used the strategy that Justin had encouraged the murder by ‘giving’ David the butterfly knife that killed Trevor Moncrief, they also used a statement given to the police to say that Justin supported the murders when he had told David to ‘Hurry up because he wanted to get out of there’.

The prosecution used this comment as ‘Instruction to murder’. David took a plea bargain and was charged with Second Degree Murder and sentenced to 15 years.

Justin’s lawyers presented a duress defence. The judge in the trial gave the instruction to the jury of the exceptions for a duress defence, where it would fail, but did not give instructions to exceptions to which accomplice liability could be applied. The judge failed to give the jury a complete and accurate statement of the law under Section 11. Del.C 274 which requires a jury to independently assess the state of mind and culpability for any aggravating circumstances when making a determination as to guilt or innocence of the crime charged. A conviction of accomplice shouldn’t be passed as, the outcome-death of the victim- would have been the same.

The jury actually expressed frustration in its inability to assess Justin’s mental state and although passed a conviction, because of the’letter of the law’ wrote the judge a letter to ask for parole and leniency. The jury felt that a lengthy sentence would be pointless, unjust and inappropriate:

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Jury Letter

The expert witness that testified in Justin’s trial, Dr Mechanick assessed Justin and found that he acted under duress. The prosecutor commented that this witness was ‘bought and paid for’ amongst several other comments that should have been cited a prosecutorial misconduct. Although the judge commented that he had never heard a prosecutor pass a comment about a defence witness being ‘bought and paid for’ he asked only that the jury disregard the comment, making no other instruction for the other improper comments voiced by the prosecution. These comments should not be considered harmless. The doctor’s testimony was central to Justin’s case and his duress defence.

The only evidence used against Justin in this trial was the co-defendant testimony and police interviews. No physical evidence was present that indicated Justin had anything to do with the death of either victim. Both David and Jesus took plea bargains and received reduced sentences and lesser charges despite their involvement and actions being axiomatic in the murders of Trevor Moncrief and Raymond Ward.

Justin was convicted of First Degree Murder under accomplice liability and sentenced to Natural Life without the possibility of parole. He is currently incarcerated at James T Vaughn Correctional Center in Delaware.

Proposal Post

John Bernard Feit

John Bernard Feit, 85, was convicted in December 2017 for the murder of 25-year-old beauty queen schoolteacher Irene Garza in McAllen, Texas.

Garza disappeared April 16, 1960. Her bludgeoned body was found days later. An autopsy revealed she had been raped while unconscious, beaten and suffocated.

Link to Edward Wayne Edwards:

The crime was at Easter, the victim was found in water with two altar candles laid across her chest. Signed by the cross. Anonymous letters targeting a priest and an item owned by the priest planted at the scene.  Edwards was 27, on parole from Montana. He mentions the candles in his autobiography. He killed the couple on Lovers lane in Portland on thanksgiving, 1960. (JAC)

Discussion

Zach and Dylan Adams

Zach and Dylan Adams were wrongfully charged with the 2011 murder of Holly Bobo. Zach was convicted in September 2017; Dylan is set to go to trial in spring 2018. Cell phone pings prove conclusively that these men did not abduct Holly.

On April 13, 2011, around 7:45am, 20-year-old nursing student Holly Bobo was abducted by a man wearing camouflage outside her Darden, Tennessee home. Her brother, Clint, awoke to the sound of their dogs barking furiously and witnessed the man walking his sister into the woods.

Holly’s cell phone shows her and her abductor driving north about 20 miles, stopping for 20-30 minutes near I-40, then traveling south again using a different route. Her cell phone was disassembled around 9:25am, and the case went cold. In September 2014, Holly’s partial remains were found by ginseng hunters in a wooded area off of I-40. She had been shot in the back of the head.

Investigators initially focused on a local sex offender named Terry Britt, and for good reason: Britt has a history of stalking and rape; many of the women he stalked were blue-eyed blondes like Holly. Britt matched the physical description given by Clint and Clint identified Britt in a voice line-up. While this isn’t conclusive, Britt also couldn’t be excluded as the source of a handprint on Holly’s car. And lastly, Britt not only didn’t have an alibi for that morning, it appears he attempted to fabricate one. He told investigators that he spent the morning with his wife, who stayed home from work to help him install a bathtub. Upon further investigation, it turns out that his wife actually went to work, but Britt called and made her come home and say that she’d been there the whole time. So, Britt was clearly a good suspect, but the case against him never gelled and he was never charged.

In 2014, for reasons that have never been made public, investigators turned their attention to Zach Adams. But instead of questioning Zach directly, they decided to go through his brother Dylan, who is mentally disabled. Dylan was arrested on unrelated weapons charges by the same prosecutor who was working on the Bobo case.

Dylan was threatened with a lengthy prison sentence, but mysteriously given a plea deal where he avoided jail time, but was required to go live with a retired police officer and Bobo family friend named Dennis Benjamin who Dylan had never met. After five weeks of living with Dylan, Benjamin called 911 to report that he had someone who wanted to confess to the murder of Holly Bobo. Dylan was taken in, and indeed he gave a confession. The problem is that when all was said and done, the confession he gave didn’t match any of the physical evidence. Dylan later recanted and claimed that he’d been coerced, but that faulty confession that had no basis in reality formed the basis for Zach’s arrest.

At this point, they went after the men he was with that day: his brother Dylan, and two friends, Shayne Austin and Jason Autry. During the course of questioning, Shayne Austin was offered total immunity if he would agree to flip on Zach. Shayne agreed, but just like Dylan, he was unable to give them anything useful, and he had no idea where the body was. The prosecution withdrew his immunity and spent the next year trying to charge him with murder until he committed suicide.

Jason Autry held out the longest, swearing over and over that he was innocent.

So what was the evidence against these men? Aside from Dylan’s confession, there wasn’t much of anything.

Trial by media

Prosecutors told the media all about Dylan’s confession. They made sure the media knew that Zach threatened his brother that he’d “put him in a hole beside her,” but in terms of actual forensic evidence, there was nothing. And it’s not just that they were hiding the evidence from the public, they were refusing to turn anything over to the defense. The reality of the situation is they were stalling. It’s not that they were hiding evidence, they were hiding the fact that they didn’t have any. And there’s plenty of evidence to support this.

Playing keep-away with the evidence

Every time there was a hearing where the defense was going to complain about the lack of evidence and may have a reasonable chance of the case being dismissed, something would always happen. They would drop the charges and file something else and that hearing would go away and they wouldn’t have to answer any questions about why they weren’t turning over any evidence to the defense.

They did this a few times, but the most notable example of this involved two other men. In the summer of 2014, a woman came forward claiming that her friend Jeff Pearcy showed her a video of Holly Bobo being assaulted. They arrested Jeff and his brother Mark, who allegedly shot the video. They went crazy trying to find the video and any connection between the Pearcy brothers and the other men, but it never materialized.

Mark Pearcy’s preliminary hearing came. Ostensibly, his attorney was planning to ask for the charges to be dismissed against him because at that point, all they had was hearsay. So the prosecution claimed they “forgot” about the hearing and neglected to arrange transfer for him from the jail. The judge rescheduled the hearing, but the day before that hearing, they dropped the charges. But instead of admitting they had no evidence, they made up some story about how they forgot he had federal charges and invoked some law that doesn’t exist where he can’t have federal and state charges against him at the same time. Eventually the state quietly dropped the case against both brothers, but not after ruining both of their reputations.

Their treatment of the main suspects was even worse. In December of 2014, months after the arrests, the defense attorneys were complaining that not only had they not received the evidence, they hadn’t even received a bill of particulars detailing what the men were being accused of doing. The judge ordered them to turn the evidence and the bill of particulars over now. He set a deadline before the end of the year. At this point assistant district attorney Jennifer Nichols withdrew from the case, leaving DA Matt Stowe. Right after the discovery deadline passed, Stowe withdrew from the case and Jennifer Nichols came back on as lead prosecutor. Matt Stowe never was held in contempt over the issue and although Jennifer Nichols was only off the case for a matter of days, she claimed she needed a couple months to “catch up”, a request that was granted and the prosecution was legally allowed to keep stonewalling the defense.

Nothing can be proven, but it is suspicious that there’s this counsel change and it conveniently makes the discovery deadline go away. Following that heated December hearing, there was a meeting between the prosecutors and the Tennessee Bureau of Investigation (TBI), who were responsible for analyzing the forensic evidence. Whatever was said during that meeting was so dramatic that it caused the TBI to pull its services from the entire district. An email was later leaked revealing that Stowe accused the TBI of moving “so slowly that the culprits were always one step ahead and that TBI… was leaking information and possibly covering up evidence”.

So it seems pretty clear that in December 2014, there was no evidence aside from Dylan’s confession, which he had recanted by that point. They continued to stall well into 2015. There was a dispute where the defense opposed Jennifer’s appointment as prosecutor, so she claimed she legally had the right to continue withholding evidence until that was settled. It was just getting silly. This continued well into the summer. The defense filed a motion to dismiss the case on the basis of stonewalling by the prosecution. But surprise, surprise: that hearing was, again, cancelled because they dropped the charges and refilled, this time for first degree murder.

Please keep this in mind when you read about the evidence. It’s not like they arrested and charged them on the basis of solid evidence. Very little of what they used to convict Zach even existed at the time of Zach’s arrest. Even a year later when they were all charged with first-degree murder, the case against them was flimsy at best. They arrested these men on the basis of a faulty confession, then used threats and intimidation to build a case against them.

A deal is struck

In early 2017, just a few months before Zach’s scheduled trial, Jason Autry finally agreed to testify for the prosecution as part of a plea deal that has yet to be disclosed publicly. According to Jason Autry, he himself was not involved in the abduction, and this is one detail that we can be relatively certain of: Jason Autry’s cell phone was pinging from a great distance away from both Holly and the other men at the time of the abduction.

On the stand, Autry claimed that he went to Shayne Austin’s home that morning to buy drugs where he saw Holly’s body wrapped in a multi-colored blanket in the back of Zach’s white truck. Zach, Dylan, and Shayne were there, allegedly disposing of evidence from the crime in a burn barrel. According to Autry, Zach later told him that Zach, Dylan, and Shayne went to the Bobo residence that morning to teach Clint how to make meth. Clint was never asked about this at trial, but he later denied this claim and no evidence was ever presented to substantiate any methamphetamine use by Clint or any relationship between him and these men. When they arrived, Holly allegedly came out of the house “screaming and hollering” and at that moment, they decided to abduct her. She was taken to a local barn that was owned by the grandmother of both Shayne Austin and Jason Autry, who were second cousins. (Note: Jason Autry was also a second cousin to Holly Bobo).

The story told by Autry was extremely inflammatory and included incest between the two brothers. After Autry joined the men at Shayne’s house, Shayne and Dylan stayed behind, while Zach and Autry drove off with the body in the back of Zach’s truck. They drove to a spot along the Tennessee River with plans to dump the body in the river, but as they unloaded her body, they realized she was still alive, so Zach shot her in the back of the head. Fearing that the noise of the gunshot may attract attention, they abandoned their plans and loaded the body back into Zach’s truck. Zach dropped Jason off and Jason wasn’t sure where the body went from that point on.

The prosecution presented some other dubious circumstantial evidence against Zach—but the main issue with the case is that it’s simply impossible for them to have committed this murder.

A problematic case

The first issue, which the prosecution tried to gloss over, was that Clint Bobo gave police a very detailed description of the man who kidnapped Holly and none of these men match that witness description. Clint described the perpetrator as being between 5′10″ and 6 feet tall, weighing 180–200 pounds and having dark hair sticking out from under his cap that was long enough to cover his neck and touch his collar. Clint said the man was wearing a hat and camouflage clothing from head to toe. He described the male voice he heard as a “deep, raspy, smoker’s voice.” As mentioned earlier, Clint identified Terry Britt as being a match to the voice he heard that moment. Since that day, Clint has either heard them speak in court or spoken to each of these men personally and has never identified any of them as having the “deep, raspy, smoker’s voice” that he described that morning. His physical description is even more clearly exculpatory. Jason Autry is out of the question. Not only was his phone pinging many miles away at the time, but he’s 6’8” and was nearly 300lbs at the time. Zach Adams has the right hair color, but he is 6’4” and (due to his meth addiction) was a gaunt 145lbs at the time. The height and weight of Dylan at the time is not known, but he was slim, and didn’t weigh anywhere close to 200lbs.

The only one of them who was about the size that Clint described was Shayne Austin. But he didn’t have a deep voice and he certainly didn’t have collar length dark hair; his hair is short and strawberry blonde.

Now of course, the prosecution tried to get around this exculpatory evidence by presenting a storyline that Clint was somehow involved in his sister’s abduction and was therefore an unreliable witness. It’s pretty heartbreaking: Clint lost his sister and despite compelling evidence that he had nothing to do with it, the state threw him under the bus to convict an innocent man.

But the most compelling exculpatory evidence is the cell phone pings. We know that Holly was attacked sometime between 7:42am and 7:46am. At 7:42am, Holly made her last phone call. At 7:46am, her next door neighbor called his mother to report hearing a scream from Holly’s home; his mother relayed the message to Holly’s mother. At 8:17am, we have the first first cell phone ping away from the home tower. Her cell phone moved north until about 8:30am, stopping for 20-30 minutes near the area off of I-40 where her remains were eventually found. At around 9:00am, her cell phone began traveling south again using a different route, passing through the area where Shayne Austin lives. Two papers belonging to Holly were found on the road in front of Shayne’s home, so the killer likely took this road and disposed of evidence on the way. Her cell phone pinged for the last time at 9:25am in the area where her phone was later found. The SIM card had been removed.

When determining who the killer is, we would expect one of three things:

1. Cell phone pings that match Holly’s exactly

2. No cell phone information at all because the cell phone is turned off, or

3. (If they left their phone at home) a cell phone that never leaves their home tower and isn’t being used by anyone during that time frame.

As mentioned earlier, Jason Autry was miles away. There is no cell phone information for Zach at the time when she was abducted, but at 8:19am, Zach was several miles away from Holly. Her cell phone was on the move at this time, so he almost certainly wasn’t in whatever vehicle was being used to kidnap her.

At 8:28am, when the attacker likely stopped his vehicle to rape and kill Holly, Zach’s cell phone was being actively used and was several miles away from Holly’s cell phone. At 9:00am, Holly’s phone moved closer to Zach’s phone, but they’re still not in the same sector. At 9:10am, their phones finally move into the same sector. This is the first overlap that morning.

How is Zach actively using his phone AND kidnapping Holly Bobo if he’s so far away from her during critical time periods? Zach was convicted and sentenced to life in prison in September, 2017. His brother Dylan will be tried for her murder in spring 2018. The details of Jason Autry’s plea deal have yet to be disclosed.

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Deontae Fulton

Deontae Fulton was convicted of first-degree murder for shooting Juan Reyes in June 2013, based on the testimony of his cousin, Atarius Bishop.

The defense argued it was Bishop that shot the victim not Fulton, after Morisha McCoy jilted first Bishop, then Fulton for Reyes, who she had dated before.

Another witness testified that she had overheard Bishop admit to having shot and killed Reyes.

News report | Appeal Ruling | Proposal Post

Dana Chandler

Dana Chandler was convicted in 2012 of the murder of her ex-husband, Michael Sisco, and his girlfriend, Karen Harkness, on July 7, 2002.

The prosecution case was entirely speculative. There was no evidence to place her at the scene, no forensic evidence to link her to the crime. She did make a credit-card purchase of two gas cans on the day before the murders, which the prosecution suggested were to help conceal her long trip to commit the murder, however they would not have been sufficient to complete the round trip. Police could not confirm her alibi, but videos of the locations she visited were not complete.

In addition, the prosecutor told the trial jury that Sisco secured a court protective order in 1998 to shield him from Chandler, but there was no evidence for the claim.

The prosecutor made other claims that were either false or unsupported by evidence.

Discussion | Proposal Post

 

Michael Sullivan

Michael Sullivan was wrongly convicted of an 1992 murder case of a Southside Chicago IL cross-shooting incident without actual physical evidence.

He was convicted and sentenced to natural life without the possibility of parole based on the state prosecutor’s two key eyewitnesses identifying him in the backyard as the shooter at the house party where two people were fatally shot in the basement. The same two key eyewitnesses have now come forward recanting their original trial stories & providing two signed affidavits saying that they did not witness Michael shooting or at the crime scene. One of the witnesses said he was in the basement and witnessed one of his friends who fatally shot one of the victims.

He has also received four additional affidavits from 4 other witnesses indicating Michael’s innocence stating they were in the basement and saw their own friends shoot and kill both victims. They all have provided Michael with a total of six signed affidavits supporting his innocence that he’s been maintaining and fighting to prove for 25 years.

During his trial, Michael’s public defender didn’t represent him to the fullest as he should have. He tried to remove himself as his attorney, but the judge denied his request.

There was NO actual physical evidence (such clothing & bullets from all victims bodies or even a gun used at the scene) submitted to support the prosecutor’s case.

Michael was at the railroad tracks with his friends as the cross-shooting was occurring, but the prosecutors indicated that the victims were killed at a far distance by Michael.

The state prosecutor failed to mentioned that the other rival boys at the party in the basement and in parked cars were also shooting at Michael and his friends. They made it seem like Michael and his friends were the only ones shooting and killed the victims.

However, the lost or destroyed evidence (clothing & bullets) would have proven that Michael was innocent and the victims were actually fatally shot at a close range in the basement by their own friends. Now he has spent 25 years of his life behind bars and has been working diligently daily to prove his innocence. He didn’t receive a fair trial.

The medical examiner, prosecutor and detectives somehow lost or destroyed ALL of the victims clothing and bullets that were removed from their bodies. These key important pieces of evidences would have freed Michael, but instead have been improperly mishandled, lost or destroyed to prevent a fair trial. The gunpowder residue from the victim’s clothing and the size of the bullets removed from the victims would have proven that they were fatally shot at a close range by their friends in the basement. Now an expert is needed to prove the ranges, angles & distances.

Over several years, Michael has been reading and studying law books persistently as well as eagerly trying to fight and prove his innocence. He couldn’t afford an attorney so he began to study and file his own briefs/motions/petitions in court. But when Michael filed a brief/motion/petition to the courts to advise of the affidavits as new evidence, he was denied indicating that the same eyewitnesses recantations were not credible and enough to exonerate him.

Because he’s representing himself & filing his own motions/briefs/petitions, has no attorney or any other groups assisting to support him, the courts will not view him the same as they would an attorney or organization that would fight on his behalf. However, we have reached out to an expert to see if he can test or determine if the victims were shot at a close or far distance and at which angle based on the reports & documentation he has. The state’s attorney provided him with all of the testing materials to perform his own testing as needed. Unfortunately, the cost & fees always seems to be the main issue.

He (WE) is/are needing help with either getting him a new trial or exonerated. He has always kept a positive attitude as well as spirit while maintaining to prove his innocence. He smiles and continues to develop himself refusing to allow his circumstances to determine the man he truly is. He’s a family oriented man who has been deprived of raising his children and being with his family who loves him dearly.

Case description taken from

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Vernon Bateman

Vernon Bateman was accused, with two others, of holding a woman at gunpoint in the early morning hours of January 23, 1998, and sexually assaulting her.

However (according to a petition) the Doctor who examined her could find no signs to confirm her story, and the rape kit was mysteriously lost.

The woman initially failed to attend court in September 1998, but after a continuance was granted, did eventually identify Vernon as one of her assailants.

Following the trial, the woman gave a taped statement, gave a sworn statement, and wrote a letter to the Lake County Prosecutor, in each of which she recanted her trial testimony and indicated that she could not positively identify Bateman as one of the men who raped her and that Corporal Mary Banks had coached her into selecting his picture from the photo array. However the woman re-affirmed her identification in 2008 at an evidentiary hearing, saying that she lied in her statement to Vernon’s PCR counsel.

Discussion

Bryan Anthony Adams

On August 7, 2013, Floyd Myers reported he and his friend, John Hamlett, were victims of an armed robbery at a park by two men. He claimed his car was taken. Police found the car the same day two miles away, drug paraphernalia was found inside the vehicle.

A partial fingerprint was found on the steering wheel of the vehicle, and was matched to Bryan Adams, who was interviewed by police on September 18, 2013. Bryan was unable to remember what he was doing that day, but was positive he had not been at the park on the day in question, had never been in Myers’ vehicle, and, further, did not drive, as he did not have a license.

At trial, Myers testified that he did not recognize Adams as the man who robbed him, nor had he seen the assailant who confronted Hamlett during the subject robbery. Hamlett did not turn up to testify.

The defense failed to vigorously challenge the reliability of the fingerprint identification.

Solely on the basis of the partial fingerprint match, Bryan was convicted and sentenced to consecutive sentences of 20 years for armed carjacking and 20 years imprisonment, all but ten years suspended, for the use of a handgun in the commission of a felony, as well as a concurrent sentence of 15 years for the robbery with a dangerous weapon.

Source: Ruling denying an appeal.

Transcripts

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Brenda Fay Nelson

Brenda Nelson was convicted of the murder of her husband.

No murder weapon was ever found, and neither was the supposed trigger man identified. Brenda maintains her innocence. The case was entirely circumstantial, and no forensic or eyewitness evidence connects Brenda to the murder.

Police claim that cellphone evidence placed her at the scene, but the cell phone tower covers a wide area. An alternative suspect was not investigated by the defense.

Discussion | Proposal Post

Bobby Montaque

Bobby Montague was wrongly convicted of a 1999 murder based on informant testimony and a false confession. Bobby, age 18, was with his girlfriend at the time of the crime.

According to an appeal ruling, the defense argued that “the trial court erroneously admitted his confession in violation of Miranda v. Arizona, refused to instruct the jury it could request read back of testimony, admitted anonymous handwritten rap lyrics and a photograph album found in appellant’s room. He also argues the prosecutor’s late disclosures of a witness’s background as a police informant violated appellant’s constitutional and statutory discovery rights”, however the appeal was denied.

Discussion

Marcellus Williams

Marcellus Williams was convicted of the August 11, 1998 murder of Felicia Gayle.

Post-conviction new DNA tests that show Williams’ DNA was not on the weapon that killed Felicia Gayle. The DNA of another unidentified man was on the weapon. The victim was stabbed 43 times, and it stands to reason that the male DNA on the weapon is that of the actual culprit.

The state of Missouri said that the other evidence in the case is still strong. Yet that evidence consisted of the testimony of informants, both drug addicts, who received financial incentives to testify against him. The footprint at the crime scene and the hair samples from the crime scene do not match Williams either.

To be sure, Williams had a number of items belonging to the victim and sold a laptop belonging to the victim’s husband. That is strong circumstantial evidence. Then again, those items were found by one of the cooperating informants, Williams’ girlfriend at the time. The case was built around the informants. Both had hoped to get a $10,000 reward.

The jury that convicted Williams never heard about the DNA evidence, and it is hard to imagine that if he was tried today that he would get a death sentence, given the new doubts about guilt. That DNA evidence has never been presented in court.

Source: Washington Post article, August 2017

There is evidence that the informants, Cole and Asaro, spoke on the phone while Cole was still in jail, suggesting a conspiracy between Cole and Asaro. And Asaro was a prostitute, and might have got the laptop from another of her clients. Moreover it was apparently Asaro that sold the laptop, not Marcellus.

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Selwyn Days

Selwyn Days was accused of killing 79-year-old millionaire Archie Harris and his 35-year-old home health aide, Betty Ramcharan. Selwyn confessed to police after a seven-hour interrogation and nearly 14 hours in custody.

In 2003, Days’ first trial ended in a hung jury, but he was convicted of two counts of second-degree murder at his second trial in 2004. He was sentenced to 50 years, and his conviction was upheld by the appellate court.

Days appealed that conviction, claiming that his counsel was ineffective. Westchester County Court agreed in 2009, vacating the judgment and ordering a new trial.

The third trial again ended with a hung jury in 2011, but he was found guilty in his fourth trial.

In September 2015, the conviction was overturned based on the Westchester County Court’s decision in 2011 to bar expert testimony on the issue of false confessions.

The appellate court, noted the lack of physical evidence or eyewitness testimony linking Days to the murders, as well as the videotaped confession, in which officers “repeatedly employed suggestive and leading questions, fed the defendant specific details related to the crime scene, and used rapport-building techniques.”

The appellate court also said that “significant concerns” were raised by the fact that only the last 75 minutes, the confession, of the seven-hour interrogation were videotaped.

Days’ two experts in false confessions, Dr. Jessica Pearson and Dr. Richard A. Leo, had determined Days to be particularly vulnerable to false confessions, based in part on his low intelligence and history of mental illness, according to the ruling.

In August 2017, Selwyn was tried for a fifth time.

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Update September 12, 2017 : Selwyn Days acquitted in fifth trial for Eastchester double homicide

 

 

Ryan Mickey

Ryan Mickey was railroaded by the system for doing CPR wrong on a sick child that had a brain injury from the child’s Father Nicholas Bradley. This Coward beat up his pregnant wife and put her in the hospital for 3 weeks, Causing a subdural haematoma in his unborn child and received only a 4 year sentence. Ryan got together with the child’s mom a while later. Because this brain injury was so severe, it had reopened 16 months later with no warning. The symptoms were flu like and a nurse practitioner misdiagnosed this child with a severe flu. A few days later she went into respiratory distress and Ryan called 911 and began CPR… Because he did what anyone else with any kind of morals and a heart would’ve done, he lost his freedom & life from lying, crooked cops and DA…

Instead of doing the right thing and letting him go, they offered Ryan a deal to cover their own asses, which Ryan refused to sign.

He is a hero sitting in prison for helping someone! Ryan has already lost 11 years of his life due to this terrible injustice!! The Innocence Project is working on bringing him home right now.

Website : http://www.ryanmickeyisinnocent.com/

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Kimberly Renee Poole

Kimberly Renee Poole was celebrating her third wedding anniversary with her husband Brent Poole, when the couple were robbed on a beach soon before midnight on June 9th, 1998. Brent was shot twice in the head, and died soon after.

Police rapidly focussed on a theory that the shooter was John Boyd Frazier, and Kimberly had conspired with John to have her husband murdered. Kimberly had briefly left her husband and gone to live with John a month earlier, before reconciling with her husband.

Kimberly was subject to extremely coercive Reid interrogation tactics, and after many hours, after being accused of “obstructing justice”, on being told the only way she could keep her two year old child Katie was to agree to the police theory, she made damaging admissions.

The police built their case on

(i) A questionable eyewitness identification from a couple who were paid a substantial amount of money by Brent’s family.

(ii) A witness who saw a car resembling John’s car parked outside the Poole home on three nights before the murder.

(iii) The testimony of alternative suspect Bruce Wolford, who was a friend of John, and a bartender at the Silver Fox where Kimberly worked. Wolford testified that John tried to fight Brent on May 30 in the parking lot of the Silver Fox. Wolford also claimed that he overheard Kimberly telling John of her plans to go to Myrtle Beach with Brent on June 9.

However, eyewitness Chris Hensley who had seen the shooter close-up (ten feet), told police the composite he made didn’t resemble John in any way. Instead, it resembled alternative suspect Bruce Wolford.

Kimberly and John were convicted in separate trials. A juror at Kimberly’s trial has written about how jurors were coerced into reaching a verdict. John’s conviction was overturned, due to him being denied an expert to challenge the eyewitness identification, but he was again convicted after a retrial. Kimberly was sentenced to life without parole.

It has recently been discovered that Wolford was stalking Kimberly, he had installed spyware on the Poole’s computer. Kimberly’s attorney has since been disbarred. A recently filed appeal cites ineffective assistance of counsel, based on several grounds.

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Anthony Burries

On May 18, 2014 the body of Tina Holt was found in her apartment at approx . 8:30am.

Anthony Burries immediately became the only person OPD detectives were interested in. Anthony had been convicted approx 2 years prior and served his time for a domestic dispute with the victim. It was his only domestic and he plead guilty. Prosecutors used that to conviction to sway the jury’s emotions. The only witness they had was an ex girlfriend that changed her stories throughout the police interviews, but only after they informed her of his many girlfriends. She then said that on Friday May 16 at 3am she took him to Tina’s apt complex where he exited the car and was gone for 2-5 minutes. There was never evidence that she took him there. There was no DNA or blood evidence found in her car and when it was our attorneys turn to have the car processed they had sold the car from evidence holding.

Evidence of innocence:

1). The medical examiner stated in his testimony that the victim had been dead for 12-18 hours, a time of death late Saturday or early Sunday, NOT early on Friday as the State claimed.

2). Text messages received from victim after they claim she was already dead.

3). Eyewitnesses in victims apartment they claim stopping and speaking with her after police claim she was dead.

4). State witness has come forward since and given signed affidavit that prosecution told her to lie on the stand.

5). Anthony’s motion tracker on his phone shows he’s home when police claim he committed murder.

6). A boyfriend that lived under her claimed that he had just ate big meal with her Friday at 1:30 am. Medical examiner testified that there was only coffee colored fluid in stomach. Anthony was on video Friday May 16, in a bar till 3 am. Left extremely intoxicated according to bouncers. There was never a murder weapon found and they never tested the vaginal swabs or other items for DNA. His first lawyer did not build a case to prove his innocence because he said that dead people don’t talk to other people nor do they text.

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Corey Walker

Corey Walker and Lorenzo Johnson were convicted for the December 1995 murder of Tarajay Williams.

On August 5, 2013, Johnson’s new attorney, Michael Wiseman filed a third PCRA petition for a new trial, this time presenting “a case of actual innocence.” The filing contains new sworn affidavits from a police detective, from people who had knowledge of the murder and the real killer(s), evidence that Johnson was “not in Harrisburg the night Williams was killed” but rather New York, and “newly discovered information” discrediting witnesses’ testimonies.

In fact, there were no witnesses to the murder. In addition, Carla Brown, the main prosecution witness, was a confirmed drug addict who had motive to testify in order to secure favorable treatment from the police and had initially provided to police multiple versions of the events. It was discovered that police “worked on” her for months until she gave them the version of events that were propounded at trial. Carla Brown now admits that she lied at trial. Other witnesses admit they were coerced into lying or staying silent, threatened by detectives with being falsely charged with crimes or promised leniency. For example, witness Brian Ramsey stated in a post-conviction affidavit that he falsely testified to seeing Johnson outside the bar that night, and that he only saw Walker in the crowd: “I actually never saw Mr. Johnson.” New evidence points to the actual perpetrators, as those who were previously held as witnesses are in fact now suspects.

Source: https://freelorenzojohnson.org/about/

In July 2017, Johnson was freed after a plea deal was agreed.

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Ralph Trent Stokes

On March 11, 1982, two men robbed Smokin’ Joe’s Korner, in Philadelphia.  Armed with guns, and wearing masks, the men entered the restaurant before it opened, herded the employees into the walk-in refrigerator and threatened to kill them if they failed to cooperate.

One of the men shot and killed two of the employees Mary Louise Figueroa and Eugene Jefferson.  Two other employees were threatened but not shot. However, when a United States Postal Service employee happened onto the scene, he was killed by a shot in the head.

Both Ralph Trent Stokes, age 19, who had worked at the restaurant, and Donald Jackson were arrested and charged with the murders. Threatened with the death penalty, Jackson testified that Ralph was the shooter, in exchange for a guilty plea to second-degree murder and a life sentence. Ralph was wrongly convicted and sentenced to death.

One witness, Donald Blackson, testified that he had not signed a statement incriminating Ralph, and contrary to the statement he did not remember talking to Ralph on the day of the murders.

Prosecutor Roger King failed to disclose exculpatory results of laboratory testing on items seized from Ralph’s home. King then made argument to the jury, and presented other evidence, which was completely rebutted by the undisclosed lab reports. King lied to defense counsel, the court and the jury.

More information is available at http://www.ralphtrentstokes.org

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James Joseph Olague

James Joseph Olague, Ernesto Duran Arellano and  Oscar Hurtado Cervantes  were wrongly convicted in the shooting death of of Robert Stepper and Eric Folsom, and attempted murder of Vicki Folsom and Jessica Valdez on Halloween 2002.

All three defendants testified at trial and denied any involvement. The police pressured alleged accomplices to make false confessions consistent with the prosecution theory.

According to defense attorney Rod Beede, the jury deliberated for 30 days during the guilt phase of this trial. At one point, he said, they were split 8-4 for acquittal.

From the same article “Was Oscar Cervantes Wrongfully Convicted of Being the Shooter in 2002 Halloween Homicide?”

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There was an individual named Rudy Gonzalez, who the defense believed was either involved or knew who was involved in the shooting. However, the judge denied them the ability to call Mr. Gonzalez to the stand to put forward an alternate theory of the crime.

“Much more substantially than that,” Mr. Beede continued, “when eyewitness identification was a big issue – but there was a lot of debate as to whether calling a memory expert, an eyewitness identification expert, was something that a court should permit.”

They filed a motion to do that, retaining one of the most prominent eyewitness experts in the country to come and testify that the identification was false. The judge denied the motion to put this expert on the stand.

Mr. Beede noted that “subsequent to that, the Supreme Court has held that failure to put an eyewitness identification expert on the stand is ineffective assistance of counsel.” But they didn’t get that opportunity because the judge denied the motion.

Christina Marie Marten was barely 18 years old at the time and made a statement incriminating these defendants. She went to trial before the three main defendants went to trial. “She was offered a plea bargain, accessory after the fact, which basically was a time-served sentence if she would testify at Oscar’s trial to which she testified to a grand jury. When it came time for her to do that, she couldn’t bring herself to do it.”

Because of that she went to trial separately and was convicted and is now doing a life sentence without parole for a story she recanted.

“The eyewitness identification in this case was completely fabricated,” he said. “The two girls that were the survivors of these shootings had been shown Oscar’s picture at least a half dozen times.”

“But the most outrageous thing that happened in the case, of all the outrageous things that happened in the case, was that Nate Easlon, purported to be an eyewitness to the shooting – he was arrested down in Solano County and they made a deal with him to testify.”

“Nate Easlon wrote a letter to my co-counsel and I, and said he not only fabricated the entire story but that his attorney and Jim Walker, who was trying the case with Jeff Reisig, had told him to fabricate. Had gone down to Solano County, met with him, told him that he was going to get a life sentence or worse if he didn’t come through.”

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Kevin Brian Dowling

Kevin Brian Dowling was convicted of robbing and later murdering Jennifer Myers. According to a Federal appeal filed in 2015 :

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This case presents a textbook example of how a tunnel-visioned police investigation coupled with overzealous and unscrupulous prosecutors can result in the conviction of an innocent person.

On August 5, 1996, Jennifer Myers was robbed at gunpoint in her frame gallery, where she was the sole proprietress. She thought she knew her attacker and initially did not want the police to be contacted. A disgruntled business partner was implicated, apparently on the theory that the robbery was staged as an intimidation tactic.

On November 29, 1996, with no tangible results in their investigation, the police visited Ms. Myers for a follow-up interview. When pressed, she told police that two weeks earlier she thought she observed someone who looked like the attacker working at a convenience store. She explained then that her failure to timely notify the police was due to her lack certainty that he was the perpetrator. The police investigated and when they observed a car of comparable make to the one ostensibly observed near the gallery, they promptly arrested the car’s owner,  Petitioner, Kevin Brian Dowling.

Mr. Dowling was a  married father of three children, with no criminal record, and a lengthy career in operations management.

When Myers was later found murdered, suspicion turned almost exclusively to Petitioner, with the authorities ignoring other likely suspects including: an admitted robber with an identical modus operandi to the perpetrator and who was then on the loose; the victim’s husband who “discovered” the body, and suspiciously, in the immediate aftermath of the murder, dispossessed himself of a weapon of the same caliber as the murder weapon (which the Commonwealth’s expert could not exclude as the weapon used to kill Myers); and the disgruntled former business partner. Because there was little evidence implicating Petitioner in the murder (for which Petitioner was tried separately and sentenced to death) the prosecution sought to bolster the robbery case through coaching of witnesses, renewed reliance on hypnotically refreshed identifications, and a blatant attempt to pollute the jury pool through biased and frequent press appearances (as the trial court found).

In addition, prosecutors contemptuously ignored court rulings and admonitions in order to ensure that the jury heard prejudicial and inadmissible evidence. Against this onslaught, the Commonwealth provided Petitioner with a host of Strickland-deficient lawyers, who collectively did virtually nothing Strickland requires, resulting in no defense being presented at trial and the waiver of virtually all of Petitioner’s claims of error, including ineffectiveness of trial counsel.

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