On November 8, 1992 I was arrested (Police Complaint) charging Criminal homicide, the Assistant District Attorney (ADA) Donald R. Totaro present the Criminal Information supporting the Charge of Criminal Homicide on November 8, 1992. The key prosecution witness (Shelia A. Wright) initially told the police, which the police, and ADA knew was a lie, via my statement to defense attorneys (Scott k. Oberkoltzer & Merrril J. Spahn, jr.) on November 11, 1992, which the defense altered, from me stating that the individual was pointing the gun at me, to that the individual was playing with the gun, when I tried to take it from him. The prosecution (Donald R. Totaro, ADA, & Det. Michael Bradley) in collusion with defense attorneys executed their known to be false theory, after selecting a death qualified jury, which the prosecution withdrawn from seeking the death penalty. This was done to keep organizations that assist Death Row prisoners from seeing the fabrications. I was convicted on July 22, 1993.
It is well grounded U.S. Supreme Court ruling, in U.S. v. Cronic, 466 U.S. @ 658-61 (1984), which states:
If counsel entirely fails to subject the prosecution's case to a meaningful adversarial testing, then there has been a denial of Sixth Amendment right that makes the adversarial process itself unreliable. "This presumption of prejudice applies in cases in which there has been an actual or constructive denial of the assistance of counsel,..."
The defense opened with that I would not be testifying, which allowed them to assure that I would not mention my statement of innocence.
The defense and prosecution withheld the exculpatory FBI Gun Shot Residue (GSR) report, which demonstrated that the FBI Agent (Ernest R. Peele) was questioning the left hand, which has the bulk of the GSR in the left palm. This was not revealed to the jury. I was denied the report, I had to fight the U.S. Department of Justice for years. The FBI lab report shows that the prosecution tampered/removed physical evidence, which the Chicago Bulls jacket of Wayne Koulsser (victim). This was done to support the false theory that Wayne was robbed of his jacket by prosecution witnesses, when I supposedly left the crime scene to shoot up the street to shoot someone else. The prosecution presented Prosecution witness Elias Jiminez testified to see me with the gun from a window at his sister's Ruthie Jiminez Apartment, his sister, and girl friend whom was with him was never interviewed by defense or prosecution. I secured affidavits of both Ruthie Jiminez, and Delia Sanchez whom had no knowledge that Elias had spoken with the police nor testified about seeing anyone that night. They both also stated no one spoke to them about that night.
The defense presented the testimony of Freda Hall, whom only repeated the testimony of prosecution witness Alex Hernandez, which placed the discharging of the gun in my hand. The prosecution Anthony Stephen Byrd had some kind of agreement with the District Attorneys Office for his testimony that he located the weapon, but sold it. Byrd claims the weapon he found had only one bullet missing, which is not consistent with the theory I was discharging the gun on the streets, which lead to Elias seeing me with it from a window. The prosecution, and defense withheld that Alex Hernandez was facing Criminal Homicide Charges in Florida, and that he had stated that the gun was from Florida.
Copyright © 2024 Integrity Denied - All Rights Reserved.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.