After getting 200 or so permits to dug ponds on his land, the ERA (over navigation waters) prosecuted Joe Robertson for ground water ponds. The water was for fighting fires and drinking for all animals.
Tom 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.
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.
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.
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.
Elwood Jones was sentenced to death after being convicted for the 1994 murder of Rhoda Nathan, a guest at the hotel where he worked as a custodian. He has always maintained his innocence and absolutely denied involvement in Ms. Nathan’s death.
Ms. Nathan was found unconscious on the floor of the hotel suite she occupied at the Embassy Suites Hotel in Blue Ash, Ohio, on September 3, 1994. She had been badly beaten and two of her teeth had been knocked out. Blood was found in several places in the room. Ms. Nathan was also without a necklace that family and friends said she wore constantly. No one witnessed the attack.
Elwood Jones had been working in the hotel on that day, and he voluntarily submitted to police questioning. Several other employees reported seeing Elwood working that day and remembered him being clean and acting normally. A cut on Elwood’s hand that he received while taking out trash on the morning of Ms. Nathan’s death later became infected, and he sought treatment and workers compensation for his injury. After police learned about Elwood’s cut, they focused on him as a suspect. Police searched Elwood’s car, and his and a friend’s residences, and questioned him at the station. But none of the blood, fingerprint, or trace evidence collected from the scene of the crime, nor from Elwood’s car, clothing, or other possessions, matched him with the crime scene or the victim. To this day, zero forensic evidence ties Elwood to Ms. Nathan’s homicide.
Charles Alan Dyer was accused by his wife of molesting his daughter, following a child custody dispute. Following two mistrials, he was convicted in April 2012 of one count of child sexual abuse and sentenced to 30 years in prison.
More information about the case at www.usobserver.com/archive/march-13/innocent-dyer.htm.
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.
Amber Hilberling admitted to pushing her husband, an Air Force veteran, out of their 17th-floor apartment in Tulsa during an argument in June 2011.
But she claimed in court she did not intend to kill him, and blamed his fatal fall on “dangerously unsafe” window glass that was too weak to stop his plunge.
Amber, who was seven months pregnant when her husband died, cited self-defense and even rejected a plea deal that would have given her only five years behind bars.
But a jury convicted her of second-degree murder in 2013, after only three hours of deliberation. A judge sentenced her to 25 years in prison.
Amber still stuck by her self-defense claim, repeating it in a televised prison interview with Dr. Phil.
“There was an altercation in which I defended myself,” she told Dr. Phil, adding that her husband flew into a rage after she called him a coward.
She also claimed in the interview that her husband abused her through their 11-month marriage, and she always kept quiet about it.
“I was really good at lying,” Hilberling said.
“That was our relationship: Josh getting in trouble over and over again and me saying, ‘Oh, no, it’s not his fault. That’s my fault. I did that.’
In October 2016, Amber committed suicide in her prison cell.
In January 2017, Kenneth Lee Hopkins, 27, was found guilty by a jury in the murder of 19-year-old Marshay Wesson and her unborn son. Wesson was found shot multiple times in her car while waiting on Hopkins near East 28th Street North and North Wheeling Ave in June 2012. She was eight-and-a-half months pregnant.
Prosecutors closed with arguments that Wesson was calling Hopkins right up until the moments before she was shot multiple times.
Hopkins’ attorneys said their client didn’t kill anyone and said the murder weapon was found in another man’s car.
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.
On March 17, 1997, security guard Richard Heflin was killed during an armed robbery of the Lindell Bank & Trust in St. Louis (Forest Park), Missouri, by two men.
William Green who was a customer at the bank dialled 911 and followed the getaway van to Forest Park, where it burst into flames ( prior to the robbery the van had been soaked in gasoline ). One of the men, Norris G. Holder, caught fire, and was arrested at the scene by police. The other ran into a wooded area, and was spotted soon after he left the van on the opposite side of the wooded area by city forestry employee Bobby Harris. After making up a story about why the hair on his head was burned, the man convinced Harris and another forestry employee to give him a ride to the nearest Metrolink station.
Billie Jerome Allen was arrested at his girlfriend’s apartment at about 2:00a.m. the next day. Around 3:00 a.m. Billie was placed in an interrogation room, handcuffed to the table, advised again of his Miranda rights, and allegedly treated for his burns and injuries. Subsequently, Billie was identified by Harris in a lineup and at trial.
It seems like an open and shut case, but allegedly, there is no documentation of Billie being treated for burns and injuries, and the photo lineup shows no bandage or sign he was treated:
Both Billie and Holder were found guilty in separate trials, and sentenced to death.
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.
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.
Website : http://www.freevincent.com/
Ronald 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.
On August 23, 2006, Cyril Smith was charged in nine counts with narcotics trafficking and the drug-related contract murders of Sanford Malone, Jamal Kitt, and Terrence Celestine in the Bronx, New York.
The jury trial was from May 14, 2007 to May 30, 2007. Cyril was convicted on eight counts, and acquitted on count four, which was killing Kitt while engaged in drug trafficking, nevertheless he was convicted of killing Kitt through the use of a firearm during and in relation to a drug trafficking crime.
The State’s case ( from Governments-response-to-appeal-2011 ) is that Cyril murdered Jamal Kitt and Terrence Celestine three weeks apart in July 1998, using the same nine-millimeter semi-automatic pistol, at the behest of Bronx drug dealer Edgardo Colon, who wanted Kitt and Celestine dead because they were interfering with Colon’s drug business. Colon solicited Cyril to commit the murders by promising to give Cyril drugs to sell on his own. Cyril committed both crimes with his close associate Rafael Ramos, who testified about the murders and the conflicts giving rise to them under his cooperation agreement.
An issue is that Ramos’s account of the murder of Kitt on July 5, 1998, was contradicted by Keisha Lespierre, Kitt’s girlfriend at the time of his death, who testified that the person who shot Kitt was a light-skinned Spanish man, and not the Spanish man’s black companion.
The murder of Celestine was on July 30, 1998. A ballistics expert testified that the 9mm shell casings were fired from the same gun as those recovered from the scene of the Kitt murder. According to Charisma Adderley, Cyril admitted to her that he shot Celestine a few days later.
Sanford Malone, who was shot to death on February 14, 2000, was the leader of a large-scale retail drug organization. Two other people were seriously injured. The State alleges that Cyril killed Malone on behalf of Edwin Avilez who was the leader of a competing retail drug organization; and Charisma Adderley assisted Cyril in carrying out the murder, which was solicited and procured by Avilez and Ramos.
According to supporters, police questioned Adderley three times about the murders and she said she knew nothing, only after police told her they would take her kids and lock her up did she say what they wanted her to say, and Charisma recently apologized to Cyril’s mother at a parade in New York.
Further, according to a review of the transcript by “AC4L”, the three principle witnesses Ramos, Adderley and Avilez were all coerced and/or impeached.
[ Post under development]
- Governments-response-to-appeal-2011 Describes the alleged crimes.
Update: see Jason Sadowski is Innocent for full case details.
Jason David Sadowski was convicted in 2014 of assaulting and torturing Angel Paris and Becky Bressette at Jason’s gym in July 2013. The conviction was overturned in December 2015, a retrial has been set for March 6, 2017.
Angel, a drug addict and admitted thief, and Becky gave conflicting, changing and incredible accounts of what occurred. According to the ruling overturning the conviction “Although the police officers gave testimony regarding their observations, the prosecution highlights nothing from their testimony that disproves Sadowski’s rendition beyond a reasonable doubt. The victims also had many discrepancies in their account of the night and crimes.”
At the time Angel was on parole/probation. She was also in drug court and had an open CPS case. She had warrants out for her arrest for bail jumping. So, on the night in question, she had been out drinking and using drugs, she had her violated her probation, parole and drug court conditions, and was due in drug court in the morning for testing. She admitted to stealing money. She had also stolen jewelry and marijuana.
Becky was also a drug addict, who died of a methadone overdose between the preliminary hearing and trial. She was with Angel on the night she died.
What happened is this:
Jason wanted his money back ( the amount of stolen items totaled over $1,000 and would have been a grand theft charge ). When Jason said he was calling the cops Angel begged and pleaded for him not to. She turned on Becky, trying to shift blame. Angel was intent on getting the money back so Jason would not call the cops. She had plenty of motive to shift blame, and was fighting with Becky. Eventually, Angel persuaded another man present, Charles Leroy Cope, to help her tie Becky up to a pole with duct tape, to force her to say where the stolen items were. Then, bizarrely she started taping herself to another pole, apparently in an attempt to make it look as though she was a victim. When Jason came into the room, Angel told Jason no one was leaving until Jason recovered the remainder of his money. Shortly afterwards, Angel called 911, and eventually claimed that she and Becky were victims.
Charles gave statements to police consistent with Jason’s account. He was repeatedly asked if Jason ever touched, hit or threatened Angel or Becky, and responded that did not happen. However at trial, Charles’ attorney argued a “duress” defense consistent with the prosecution theory of events. Charles’ attorney failed to consult at all with his client before the preliminary hearing. Charles’ attorney later told Jason’s attorney if he had known Jason had witnesses and evidence to rebut the prosecution case, he would not have offered a duress defense. Charles had issues from heavy drinking and drug use for years, and was battling with dementia and Alzheimer’s and did not testify. During proceedings he was seen shaking his head, telling the assistant next to him no, that isn’t what happened, and that isn’t what he said.
At sentencing, Charles said he did not believe Jason could have done what he was convicted of, he never saw Jason hit either woman while they were all in the basement where he was living at the time. “I wasn’t upstairs, I don’t know, but I can’t believe him beating on those women,” he said. “Downstairs … that’s all I know, he never touched ’em downstairs. I never seen him hurt ’em.” He didn’t know what happened upstairs, he was sorry for it and said Jason was a good man who had helped him.
- Appeal Ruling Granting Jason a new trial
- Update Article Jan 22, 2017 – a more detailed account of the case.
Friday March 17, 2017 Sadowski found not guilty on all seven counts
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.
- New Twist in Case of NY Woman Accused of Fiance’s Kayak Murder June 2016
- Trial for Angelika Graswald, Accused of Kayak Murder of Fiancé, Set for Valentine’s Day December 2016.
Trial is set for February 14, 2017.
See also “Death on the Hudson“, 48 hours, Sep 12, 2015.
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.
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.
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.
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.
Marcus and Brandon Wallace, along with a friend, Keidric McKinstry, were all accused of opening fire and killing an innocent bystander at Creekside Village Apartments on June 8, 2010. A jury found Brandon Wallace, 24, guilty during a trial held in October 2011. Marcus Wallace, 29, pleaded guilty to manslaughter 10 months later.
Investigators arrested the Wallaces and McKinstry after witnesses said they saw them fire shots. “They got the wrong information when they arrested my son. They got the wrong two boys,” said Mable Wallace, Marcus Wallace’s mother.
In October 2013, attorneys for Marcus filed paperwork to withdraw his guilty plea, and the attorney for Brandon Wallace filed documents requesting a new trial.
Both claimed that witnesses who could have proven alibis were never called to testify. The attorney for Marcus Wallace presented affidavits from family members, who said they had a voice mail of another family member admitting to the shooting that attorneys did not introduce in court.
Co-defendant Keidric McKinstry pleaded guilty to the murder in March 2012 and is now serving a 21-year sentence at Ventress Correctional Facility. He hand-wrote and signed an affidavit filed in October 2013 stating that Brandon Wallace was not with him the night of the shooting and that his attorney wouldn’t allow him to speak about that before he was convicted.
Another affidavit filed by one of the shooting victims stated that he did not see Brandon Wallace at the apartment complex that night. Both are willing to testify under oath that Brandon Wallace was not there, Birmingham attorney David Gespass said.
An attorney representing Marcus Wallace also filed several affidavits signed by friends and family members who say they were with Marcus that night.
His mother, aunt, cousin and a friend stated that he was home watching the NBA playoff game between the Los Angeles Lakers and Boston Celtics. He only left the apartment once, after borrowing his aunt’s house shoes and 50 cents to buy a cigarette from a neighbor, they stated.
The women also said that they have a recording from another family member admitting that he and another friend actually committed the murder and hid the weapons. The attorney representing Marcus at the time did not offer that voice mail as evidence and did not present witness statements that they say would have confirmed his alibi.
Marcus Wallace’s attorney wrote that he only pleaded guilty because he was told he could receive a life sentence if a jury found him guilty.
Source : News Report, October 13, 2013