Jimmie Johnson

looking for justice
"In this country, there is no justice for the poor," words of a WI activist. We have been working with prisoners for 10 years now and have learned first hand about our assembly-line justice. Here Are some of the stories. Please contact FFUP or contact the prisoners themselves if you have questions or would like to see documentation. Email us at swansol@mwt.net .

Jimmie Johnson 328433
GBCI; PO Box 19033; Green Bay, Wi 54307
Case no.2000CF005118
Cry for Help.
I just had one of my appeals denied by the court of appeals involving the newly discovered evidence that I received. The courts claims that they agreed that the newly discovered evidence is valid but they don't believe if I was given a new trial the jury would believe the person who is testifying with this evidence which is showing that I was not the person who committed the crime that I'm in here for.
I put myself here by signing a false confession which lead to my conviction. What I really need from you is some help on .. gaining some national attention on my case. The city of Milwaukee knows I've been wrongly accused of the double homocide charge and
even after 11 years of claiming my innocence someone came forward with information on who is the real suspect of the crime I'm in here for. The city of Milwaukee is trying to sweep my case under the rug when we all knows how often our criminal justice system in Wisconsin wrongfully convicted many people due to false confession and mistaken identity or different illegal tactics the Milwaukee detectives use to gain convictions, which they used on me. I do not want to die in here for something I did not do.



"Innocent Man Caught-Up Within Wisconsin's Unjust Criminal System"
36 year old wrongly convicted man languishes within Wisconsin's prison system despite having newly discovered evidence of his innocence. Jimmie Johnson III was convicted in a Milwaukee court of two counts of First degree reckless homocide. Despite what appeared to be an open and shut case against Johnson, evidence surfaced which suggest that another man actually committed the crime. Despite this evidence, the state prosecutors continue to hinder a new trial for Johnson. In a recent decision by the Wisconsin court of appeals/ District 1, Johnson was denied a new trial despite having proved 4 of the 5 criterias required for a new trial based on newly discov¬ered evidence.
Johnson's newly discovered evidence consisted of an investigative re¬port taken by a private investigator from the Badger State Investigative Services/LLC. Within that report the investigator attributes the following statement from unbias witness;
"Andre saw Kevin backing away from a crowd of people outside the tavern with his arm extended out, holding out his gun, and he was pointing it at the crowd".
"Andre said he was upset that Kevin shot people and shot them for no reason".
"Through the years kevin bragged about shooting the people at the bar numerous times to Andre"
"Finally Andre came up with an idea to get his family involved in search for the convicted person for the crime that Andre's friend committed. Andre is very much concerned about getting the truth out, but does not want to get in trouble for not bringing it out years ago."

What I really need is some support to help me gain a new trial to prove my innocence so I can continue my life on the streets as a free man. If any has any comments or suggestion towards helping me regain my life back will you please contact me and share your thoughts or ideas with me. Until then I will be here fighting till my last breathe. Thank you for your time and hopefully someone can be of help to help me regain a new trial to prove that Jimmie Johnson III is an innocent man suffering behind these prison walls.

TRABSCRIPT OF INVESTIGATION BELOW, documents follow
Badger State Investigative Services, LLC
INVESTIGATIVE REPORT
TO: Jeffrey Jensen
FROM: Cindy Papka
RE: State of Wisconsin vs.Jimmy Johnson
DATE: July 6,2008

INTERVIEW: Andre Hill
On June 18, 2008 I interviewed Andre Hill, who is currently incarcerated at the Waupun Correctional Institution. Andre is currently incarcerated for a drug case. He has been incarcerated for 2 1/2 years and has eight more years to go on his sentence.
Andre had been a friend of a set of twins, Kevin L. Smith and Keith L. Smith, DOB 10-18-79. Andre's brothers, Delano and Courtney, had also been acquainted with the twins.
Andre said in the past he has considered Kevin his best friend, and they went to high school together at Bay View. They were very close for about five years prior to the shooting incident at the Cream City Tavern, which he believes occurred in September /October of 2000, but did not know the exact date. Andre stated he has not had contact with Kevin Smith for the past five years.
On the night of the shootings at the Cream City Tavern, Andre said he had gone to the tavern with Kevin L. Smith. On the way to the tavern, Kevin told Andre that he had a gun with him that night. The gun was a 380, and Andre believes it was black. Andre said this was a gun that Kevin had been carrying around with him for a couple of months before the incident. Andre did not know where Kevin had got the gun.
They arrived at the bar around midnight. They parked facing north on the street next to the bar (east side of bar), which was located on 53rd and Center Street. Andre said he had driven that night, and his car was a gray Chevy Caprice Classic, 1988 model.
Andre said their intention was to go to the bar to have a good time and to have a few drinks. When they got inside the bar, Andre stayed by the bar and Kevin walked around mingling with people. About a half hour to an hour or so later, Kevin came back
by the bar, and Andre noticed Kevin was drunk and highly impaired. Kevin told Andre that he had just got into it with some people". Andre told him something like, "O.K. Just chill". Andre said he had not seen Kevin get into any confrontations with anyone.
The bar began closing, and Andre and Kevin walked out of the bar together. There was also a large crowd of people walking out at the same time. The tavern was closing down for the night. Kevin was making comments that he was so sick of this. Andre did not know what Kevin was talking about. Kevin had said something like, "These guys think I'm soft, I'm tired of this, go to the car."
As they walked out the door, Andre headed to the corner east of the tavern, and started "hugging up" with a girl on the corner. They were on the northwest corner of the intersection. Andre did not know this girl, but was trying to get her phone number. Andre was not really paying attention to where Kevin was. Andre was with the girl for about a minute or so, talking and hugging.
As Andre was talking and hugging up with the girl, he heard around seven gunshots ring out. Andre said he and the girl ducked down, and Andre turned around to look to where he heard the shots coming from. Andre saw Kevin backing away from a crowd of people outside the tavern with his arm extended out, holding out his gun, and he was pointing it at the crowd. Kevin was moving backwards towards Andre. Kevin was facing west, and backing up towards the east.
Kevin was saying something like, "I'm not a hoe, I told ya'all, I'm not a hoe." Andre was yelling, "What's going on, What's going on?" Kevin then ran towards Andre's car, and Andre was wondering why is he running towards my car. Andre then took off running to his car and jumped into the driver's seat. Kevin was then yelling, "go, go, go". Andre was thinking, "Oh my God1.
Andre drove around the corner and headed to Keith's (Kevin's twin) house, which was about four blocks away. When they got there, Kevin and Andre went inside. Keith and his girl friend were sleeping, and they woke Keith up. Kevin was talking real loud. Andre told Keith, "Your brother just did some real dumb shit".
Kevin had taken on a proud stance and bragging attitude about what he had done and was talking real loud, so Keith had them all go outside.
Andre said "Man what did you do that for?" Kevin was saying, "I told them, I'm no hoe". .."just shot in a crowd. ...had nobody in mind. ..I'm tired of feeling like a hoe, ...I had to show I'm not soft... I'm not a hoe".
As they were talking, they heard a lot of ambulances and sirens in the neighborhood, and Andre and Keith said to each other, "This is serious". After about ten, minutes, Andre and Kevin left Keith's house. Andre then dropped Kevin off at his house.
Andre said he was upset that Kevin shot people and shot them for no reason.Andre had known that people had been injured, and said he felt bad that he did not do anything about what he knew at the time. He said he should of used better judgment at the time.
The next day, Andre went into a barbershop located at 45th and Center, and Kevin was already in the barbershop. Kevin was looking scared. He was sober and not drunk. As they were in the barbershop the news came on, or people were talking about the shooting. That is when Andre heard that people were killed.
Andre said he looked at Kevin and could see that Kevin looked real scared. Andre said he was scared also. Andre said this was Kevin's crime, and he was not going to take any blame, because he had nothing to do with it.
The news accounts said there were no suspects, and Andre waited to hear if any names were mentioned. After that, Andre stopped listening to the news.
A day or two later, Andre and Kevin were leaving the parking lot Bouchard's Sporting Goods located on North 3rd and State Streets, in downtown Milwaukee. Kevin said , "I got this on me". Andre asked him "What you got on you?" Kevin told him, "The gun".
Andre said, "What are you doing!" Andre was real upset that Kevin had brought the gun into his car. Kevin told Andre to pull over. Andre pulled over and could see that Kevin had put the gun inside a sock. Kevin said , "I need to get rid of this". Kevin jumped out of the car and ran behind a restaurant that had outside seating on the Milwaukee River. Andre saw Kevin toss the sock with the gun into the river.
Kevin then ran back to the car, and they drove away.A couple of days later, Andre said he was scared about what had happened, and confided in his brother, Delano Hill, telling him what Kevin had done.
In 2000, Andre's brother had been at the HOC, and had heard something about someone being charged with the Cream City Tavern shootings. Andre said he did not believe this was true, because he knew that Kevin had done the shootings and had not been arrested, but he did keep the information in the back of his mind.
Through the years, Kevin has bragged about shooting the people at the bar numerous times to Andre. One time Andre and Kevin were driving to Memphis, TN, and they had taken a camcorder on the trip. As they drove down there, Andre recorded Kevin admitting to the shooting. Kevin was bragging about what he had done. Andre believes this was in 2003 or 2004. Andre no longer has the videotape though. It was left in the camcorder, and his cousin had taken the camcorder to Detroit. *
Kevin bragged about the shootings approximately thirty different times, usually when he was drunk. When Kevin was sober, it bothered Kevin. Kevin would say, "but I ain't loosing any sleep over this".
There were other people around sometimes when Kevin confessed. Those people were Delano Hill, Courtney Hill, Keith Smith, and a guy named Charles L/N/U, but this Charles is currently incarcerated in Waupun Correctional.
Kevin would always make comments about how he was tired of being bullied and he wanted a tough guy image. Andre believes Kevin talked freely and bragged to him (Andre) about the shootings, because they were such close friends. Kevin figured that Andre would never tell on him. Andre said Kevin was also so comfortable talking about the shooting, because he thought nothing would ever happen to him. The longer that time went on, the more confident Kevin became in his bragging and attitude about the shootings.
Sometime in 2003, Kevin was a suspect in a homicide case and had been questioned by the police. The homicide occurred around 36th and Center. The police came to Kevin's house on several occasions, and one of those times the police found drugs and Kevin was criminally charged.
Around the time Kevin was going to be sentenced for that case, one day the sheriffs dept. pulled Andre over and told Andre they had been looking for him. The Sheriff took Andre to jail and he bailed out after his arrest. Andre then rented a house to sell drugs out of. Andre told Kevin about getting pulled over and about getting the house. Andre also told Kevin about the rental car he (Andre) was driving. Then about a week later, Kevin went to his sentencing.
With in a day or so, Andre was sleeping at his new house when the house was raided. There was paperwork with the house address on it and a description of the rental car Andre was driving, and the only person who knew about both of those things was Kevin. In the paperwork it also mentioned a C.I. but Kevin's name was not mentioned. Andre believes Kevin was the C.I. From that point on, Andre only saw Kevin occasionally, and currently does not have any contact with him.
Andre said the twins have a stained relationship with each other and believes Keith would tell the truth about what happened the night Kevin and Andre came to his house after the shootings.
Through the years, Andre has made several attempts to get this information out. While he was going through his own recent drug cases, he tolcl his atty. about what he knew around October of 2005.
The atty. (Mike Steinle) later told Andre to write to a detective, which he did. Information came back to Andre that the detective was not interested in the information because someone was already convicted for the case. Andre said he wrote a letter to a detective also, but never heard back from him. He believes this was around October of 2006. Andre was surprised to learn that someone had been convicted of the shootings, and wanted to get the truth out.
Finally Andre came up with an idea to get his family involved in his search for the convicted person. Andre sent his brother to the library to do research on the case and try and find out who was the person that was convicted of this. His brother searched for over a week, and finally gave Andre the name of Jimmy Johnson.
Andre then wrote to Jimmy letting him know he had information about the case.
Andre is very much concerned about getting the truth out, but does not want to get in trouble for not bringing it out for years ago.
Andre said he has no problem with being in prison right now. It was sort of a blessing and a wake up call for him to be incarcerated. He has done a lot of growing up and incarceration is helping him get his life together.
Badger State Investigative Services, LLC

P.O. Box 20817, Milwaukee, WI 53220-0817; Tel: 414-282-5282; Fax: 414-282-5239;
E-mail:badgefstate(g),wi.tr.com

Click on documents below to view larger

Devin Lee Brown- who is he?

I was born 5-14-85 in Milwaukee WI and primarily raised by my loving and hardworking mother in between sparsely summers with my father. Because this is a different day and time I wasn't raised in the traditional two parent home. I had the luxury of having two mothers, the other in my sister with the18 year difference. They instilled in my caring, sharing, home training and hard work. As an adolescent it was normal running around having fun without a care in the world. Since we moved quite a few times, the neighborhood I am most familiar with and have the most friends come from 27th Capital and 37th Thurston( a block off Silver spring)I went to Lee, garden Holmes and Cumberland elementary schools through the 6th grade. Going to school in Whitefish Bay was different coming from MPS and being in the majority to being the minority ethnically , but that enabled me to get along and understand people with an open mind. I'm an avid sports enthusiast especially basketball and football and have been watching before I could understand what I was talking about. Since my knowledge of the game supersedes my talents I could see myself in sports journalism. During the time I spent in Louisiana with my pops when I was 13 years old was rough but in hindsight it was a beautiful thing(something I'm trying to reach to him to express). I had to make the transition from city to country. Eventually we were financially challenged. At times out lights would get turned off and rent -it -center repossessed "our stuff". Our fishing trips were more than bonding cause we ate what we caught. Through the embarrassment my early teens taught me the value of a dollar and other people reactionary tendencies to someone else struggles and how to grind to make something out of nothing, that's why we loved the sitcom"good times." School was different from the city because of my strict aunts and mama. There wasn't any slacking so it a competition with my cousins for the best grades and the incentives from an uncle didn't hurt either. I love Louisiana but I became home sick and came home to Milwaukee and Madison University high school reunited with old friends off of 27th. Sophomore year grades started to slip even though I loved going to school-just wasn't going to class for various reasons, one being I already knew what they were teaching. But eventually I graduated from CYD( career Youth Development) Unfortunately didn’t get to attend Collage because Of my situation forced me to become a man in a maximum institution around different people- deceitful, cunning ability emasculated correctional officers misusing their power and psychological warfare with the administration.

In the midst of all the surrounding circumstances I'm still keeping my self respect , striving for the better enhancing my mind, showing respect, love and loyalty.I live by a "no fronting" code and a "no Makin'it" policy and am respected by hardened prisoners and level headed correctional officers for the way I carry myself. Still in my quest for proving my innocence in Wisconsin's corrupt legal system I know most things is judge by its appearance and what is unseen and unheard counts for nothing but time is finally starting to reveal the truth and I'm not lowering my expectations of the past legal system, I'm raising my hard work and dedication to the way the misinformed public believe the system to be into a reality for Devin.

Marvin Beauchamp

Marvin L. Beauchamp, G.B.C.I.
250335
P.O. Box 19033
Green Bay, WI 54307

Crime incarcerated for: homicide



Marvin's story:
I am writing to you to share my story with the uninformed and those who are willing to listen. My name is Marvin Louis Beauchamp and I have been wrongly convicted. I know what you are thinking. You " hear that " all of the time. A11 I can do is tell the truth and give you some of the pieces and let you come up with your own conclusion. The #1 thing to remember is there is NOT ONE piece of physical evidence that links me to the crime. All evidence against me is circumstantial. There are 5 eye witnesses the saw the shooting from start to finish, who did not identify me as the shooter...
....... It was a sunny morning on June 16th 2006. I took my
girlfriend to a court date that she had at the Milwaukee county court house, afterwards, I drove her to her aunt's house where I dropped her off. I proceeded to work. At the time I was working as a independent contractor, painting, and refurbishing homes. I was told by my girlfriend to return to pick her up At 12:30pm to return her to the courthouse at 1:00pm. I called her cellphone several times and received no answer. I called a few more times and still got no answer, so I went back to painting, figuring that she had found another way to her appointment. Later that evening I was informed that I was being sought in a shooting that took place at my girlfriend's aunt's house. I eventually turned my self in to sort this out and proclaim my innocence. I was being charged with a homicide! Preliminary hearing comes around and the only two state witnesses that were supposed to testify against me were my girlfriend and her cousin. Both of them made numerous statements, all of which were the truth because they did not involve me at all, but there was a final statement that implicated me in the shooting. WHAT?! CAN'T BE! I WASN'T EVEN PRESENT! They were called to the witness stand, cousin first. Her statement, the one that implicated me was the only one read in court, not the other three that had nothing to do with me. After it was read she leaned toward the mic and said "all of that is a lie" because the police at interrogated her forced her to say these things. She testified under oath that she DID NOT witness me do anything to anyone. As a matter of fact she did not see me that day period! Next my girlfriend took the witness stand and guess what she said? Yep, the exact same thing, that she was coerced into making statements that implicated me, after being arrested and held for a day and a half. Simple right? Case dismissed due to lack of evidence, rihgt? Wrong! I was bound over for trial....
....... Trial comes and the story gets even more confusing.
My girlfriend's cousin's, boyfriend was the person that unfortunately ended up shot in the front yard of the house that I dropped my girlfriend off at. Supposedly he was shot numerous times and stumbbled into the street where he collapsed. A nurse that just happened to be driving by, pulled over and administered CPR on the victim and allegedly revived him. This nurse that brought the victim back to life, was not present at my the trial and nor was she invited. The second person to arrive on the scene, who also was just in the neighborhood, was a lieutenant. She called for back up and about ten minutes after the shooting a crime scene has been formed, all while the victim lay in the street. She, the lieutenant, also didn't show up to the trial, nor was she invited. Reports show that the victim suffered 5 gunshot wounds. One gunshot hit and damaged 80% of his Aorta Vena Cava- for those who don't know that's the main and largest blood vessel attached to the heart. One bullet penetrated his kidneys, also causing rapid blood loss. Another hit his spine, liver, and one was a flesh wound. These are pretty grave injuries for the condition they say he was in all the way to the hospital. By now the EMT's have arrived. One of the firefighters on the scene was a friend of the victim. He asked who did this to you, at which time the victim supposedly replied "MARVIN!". Yeah, you read that correctly, my name is Marvin, which no one calls me and this also was testified to. My nickname is BO. Think of all of his injuries and the blood being lost while I tell who else has the first name Marvin. The firefighter friend just happens to have the first name Marvin. Remember those 5 gunshot wounds? I've done research and it is not humanly possible for a person to display " cognitive functioning " with that type of internal blood loss. But this is what his friend the firefighter named Marvin testified to. A Milwaukee police Officer testified that he rode to the hospital in the ambulance with the victim and the victim told him the same thing, that Marvin shot him, at which time he allegedly gave a brief description of a person that me and half of Milwaukee could fit. Remember those five gunshot wounds? The severe damage that they have done is still present and worsening by the second. By now 25 to 30 minutes have passed with nothing to stop the internal bleeding. The officer that testified to this says he rode in the ambulance with the victim but a police report records his partner as the one who actually rode to the hospital. Once again someone else didn't show up to the trial. When we sought out the officer that was recorded as the officer that actually rode to the hospital, he had resigned, retired, just plain disappeared. The next witness was a guy that I barely knew that said I confessed to him in the county jail while I awaited trial. Of course he said these things in return for consideration on his own pending charges, which he got a was released for his testimony and promptly murdered someone, he's in prison as we speak. When he was asked when did he hear of the shooting, he replied "in May"? That's right, it happened in June, so how was that possible? My girlfriend and her cousin testified for the second time and again said the exact same thing that they said in preliminary hearing. They were coerced into the statements against me. Forced, threatened, and tricked were their exact words. Again they said on record, under oath, that they didn't witness me do anything to anyone. An eye witness testified with me sitting directly in front of him did not point me out as the shooter......
.......That was it, that simple. I'm sure that T don't have
to tell you what the outcome was, but just for verification because it's already confusing enough, GUILTY!I!
I'm sure you're wondering where my attorney was during all of this? She was there and no she wasn't a public defender. She was from one of, if not, the most prestigious law firms in Milwaukee. She was representing the police officers that were accused and found not guilty of beating Frank Jude Jr, even though they had overwhelming evidence against them, at the
same time she was, representing me,a person with, circumstantial evidence against him. You can see Why? Her iob was done I She helped the state get a conviction and in return she got a acquittal for someone obviously guilty, so much so/they were found guilty in Federal court. Ever heard of case swapping? I have......
I am currently fighting my case in the appeal stage. I am blessed with a multitude of friends, family, and a team of attorneys that believe in me and my innocence, who continue to fight for my freedom. I just felt that I had to share my story and hopefully open the eyes of those who are unaware of the injustice that is taking place right under their noses.....
....... Of course my story is heavily summarized and all details left out will further show doubt and Drove my innocence. One day it will be proven.....
......My case was recently argued before the WI Supreme Court
and their reason for denying my request for a new trial was simple. Necessity. It was/is necessary to keep the evidence that we argued, against because if they ruled in our favor the state would have no case because there is no ballistic evidence and I would be acquitted. They wouldn't want to take any chances and release a guilty man, but they have no problem keeping a INNOCENT man behind bars........
.......Can you honestly call that justice??

Devin Brown :Mistaken Identity

Devin Lee Brown #471237 GBCI; PO Box 19033 Green Bay, Wi 54307-9033

posted 2 14 12
"help"
It's transparent how draconian my situation is and I'm past the sympathetic stage. I'm seeking cohesiveness from the outside world because all of my previous efforts are stagnated. IN addition, more attention needs to be brought in cases similar to mines to eradicate this or the injustice will continue to occur; next it might be someone you love.

To elucidate, I'm desirously the aid of prominent figures, prestigious firms, intelligentsia, people with resources, someone with a platform to voice my sentiments, people with media outlets, computer literates, fact finders, motivators and hungry lawyers who want to make a name for themselves, to help me obtain my freedom.

The (in)justice system is trying to coerce me psychologically pertaining to my situation as credence with a contingent ending. I'm in such an abject state my faith with them is vacillating. If you saw things from my angle you would look upon our (in)justice system with outage. However, in assisting me I don't fall under the statistical numbers of the recidivist. My situation is not like those misleading numbers. I have a few people who still believe in my capabilities. Don't let the stigma of public opinion deter you from aiding me because my incarceration doesn't reflect who I am as a man. Contact me!

posted 6-11
Title “Mistaken Identity”

Devin Brown gets 35 years to life for mistaken identity.
Could you or someone you love be the next victim of Mistaken identity?
earlier post:
Eye witness says to police that “someone “ just walked past and started shooting and she didn’t recognize him, but after being told by someone else Brown could be involved she thinks she knows Brown from going to his house. However , when picking him out of a photo array says only time she ever saw him was on night of the shooting. Then at trial she points to different person and says she knows me from a party.
I was illegally arrested on August 03 and lost trial Oct 04. I felt compelled to sign a statement after I was confronted by a signed statement by my big brother implicating me as the one that killed someone. After I denied it several times through several intense interrogations and being denied a lawyer, it overwhelmed me and became too much for me to bear for someone never in a situation like that ever before. My brother’s statement wasn’t used at my trial , however , they used my statement and a faulty eye witness who gave several different contradictory statements and pointed to someone else during my trial in a photo lineup.
In July of 04 an-out -of -court statement from a former friend of mine said I told him I shot the victim (so he could get released only later to catch another case in involving a toddler being killed) however at trial he plead the 5th and refused to take an oath to verify his statements but was compelled to testify, but I still couldn’t questions him because every question was “I don’t know,” “I don’t recall” or “I don’t remember”. A jury used no physical evidence to convict me.
Now I am in the court of appeals again because the courts keep giving me the run around hitting me with technical errors because I am pro se. My appeal process is similar to the Emmanuel Page VS Matthew Frank case 43 F:3c 901 WI 2003, where they are not ruling on my issues. The circuit court sends me to the appeals court saying it’s their issues, then the appeals courts says it’s the state, then the state sends me back. The whole time the appeals court didn’t rule on my claims. This is where my problem is.
I believe I have grounds for a successful appeal for those reasons also, my trial court judge is on record saying he sees a discrepancy with the detective’s version of events on how they entered my mother’s house. This was one of the most important motions I had but they chose to side with the police against my witness (my mother/ Niece) on a reason that doesn’t have anything to do with how the police gained entry into the house without an arrest warrant after ample time . I’m the victim of mistaken identity and over bearing police , misconduct, taking advantage of people who haven’t been I this type of situation and the judges are holding me to a higher standard than the people who take an oath to serve and protect. If you could help me in any way, it would be greatly appreciated. If not, please direct me to someone who can.

Click on Pictures to view larger. Below are documents attesting to the overload that Wisconsin Innocence project is dealing with. As of June 2011, Devin's documents have not been viewed.

Bernell Selders

Dear Brothers Keeper,
My name is Bernell Selders Jr. #107622 I am age 45, and I am a black male. I've been incarcerated since 1989, for a crime I never committed. In May of 1989 I met a woman on the city bus in Milwaukee Wisconsin. Over the next two weeks we had the beginnings of a nice relationship. Sex was involved drinking and some weed smoking. On June 2nd, 1989 I went to her apartment and was greeted by Kelly jumping on my back as I walked through the door of her hallway on the floor she lived on. When we got to her apartment I noticed the strong smell of incense. She walked me straight to her bedroom and push me onto her bed. We began kissing and feeling on one another for a few minutes, until someone came and knocked on her bedroom door, which startled me because I didn't know someone else was there. This young lady who happen to be black stuck her head into the room and said to Kelly to come on, then Kelly jumped up off me and said she'd be right back, and left the bedroom. After I wasn't excited anymore, I walked out into the living room where I noticed the smell of cocaine being smoked. Coming up from the hood I'm from your exposed to a lot of things and nothing really shocks you. But I must say, when I walked into her dining room and seen Kelly standing there with a glass pipe up to her mouth, really shocked me. She tried to hide it behind her back when she looked up and saw me looking at her. So I played it off and ask her where the phone book was so I could order a pizza. Picking up the book from the table in her dining room I went and sat on the couch and ordered a pizza. I walked back to her bedroom to get the beer I purchase before going to her apartment. I sat back on the couch and open me a beer while they did what they were doing in the kitchen. After about five minutes the black woman came out the kitchen and said hello and that her name was Kim and introduce myself and she lift. Kelly came out the kitchen looking like she was tweeking.(eyes bucked out from the cocaine)... I could tell she was embarrassed. I said to her that, that stuff ain't good for you, of which she answered that she only did (it a few times because it was Kim's birthday. I left it at that because I knew it would be my last time messing with her after that. But me being a man figured I'd gone and stay to hit it one more time. (Have sex with her)...
We watched t.v. and listen to some music until the pizza came. We ate the pizza and drank the beer. I never been one to be able to drink without having to use the bathroom, so I went to the bathroom a few times. The last time I come out from using the bathroom Kelly was on the phone and I heard her say. (knall I'll come over there. So I ask her what was up and she said she had to go somewhere. So I said forget it, I'll go over my son mother house then, and she walked me to the door like she was in a hurry. As I lift her apartment building I decide to go to the store right across the street to get some cigarettes and once I open my pouch. (A leather bag you wear around your waist). I notice right away that my money was messed with because it was just shoved in there and that's not how I kept it. I notice that fifty dollars was missing after counting it, so after paying for my cigarettes I ran out the store headed back to Kelly's place. As I got to the corner I saw her coming out the side door of her apartment building, so I ran towards her and when she saw me coming she tried to run back to the door but it had closed, so she went running along the side of the building towards it's back. I caught up to her and tripped her. At this point I was standing over her out of breathe, bent over with my hands on my knees. As I struggled to get out the words, "where the F_K is my money?" She tried to kick me in nuts, which is when I hit her in the face. I then grabbed her off the ground say, "Give me my money you stole from me." As I was walking her back down to the light by the door so I could search her. As we got closer to the door I saw my money on the grass. She had dropped it when she started to run. I had her by her cloths pulling her. Once I saw my money I bend down and picked it up and I smashed it into her face saying, "What is this Bitch? Pushing her up against the building bumping her head. I could’ve had her by her neck at this point but I don't remember. Anyway, I let her go and as she started to leave she stated she was gonna get me, and then ran off. I went over my baby momma sisters apartment where her and my son was living and where I stayed sometimes myself.

The next day I went to Denver Co. because this other woman I was seeing had recently moved there after claiming she was having baby by me and claiming she was having complications. Of which I had made plans a week prior.

Kelly, who happens to be a white female claimed she just met me on June 2nd. and that she never knew me before that day. I lost a set of keys to my baby mothers sister apartment two weeks prior to June 2nd. and they was found on the headboard of kelly's bed, but that was over looked. She stated I trashed her apartment looking for money and whatever else I could steal. But yet my fingerprints was only found on a ashtray and beer bottle, but I empty all her dresser drawers all over her room and after that day she claim to have never went back there. But when the police took pictures of her apartment nothing was out of place in the whole apartment. Her statement on the police report was that, I had a butter knife at her throat and I forced her to have sexual intercourse, Penis to vagina with me, then I made perform the act of penis to mouth, and that ejaculated inside of her. Then at the preliminary hearing that they gave me after the lost jurisdiction over me by not giving me a preliminary hearing within 20 working days because I was in custody with a $50,000 bail that I couldn't afford. She stated that I now had two knives and that I first made her perform penis to mouth first and then penis to vagina and then I force her back into her bedroom and repeated both acts on her in her bedroom. After that I took her money out her purse and other items. Then I stated I wanted her to take me to her cash machine to get all her money. As we was leaving her apartment I had the knife up to her throat with my arms wrapped around her and that we both fell down the stairs and all this time the knife was at her throat but she never got cut. Once we were on the sidewalk she broke away from me and ran into traffic.
That four black ladies picked her up and took her to the police station. Once at the station, one of the ladies went inside and got a police officer and he came out to the car and help her into the station. But there was no police that came forward saying they helped any woman into the station claiming to be raped. Per sergeant working that day. And no statement from any black ladies that she said took her there, no nothing. In fact, A police officer came and stated on the stand that she was just sitting there on a bench.
They took a rape kit on her and no semen was found on nothing or inside of her. She claimed I hit her so many times with a close fist that she lost count, but her face only had slight scratches on it. I am a professional Boxer. Her own sister get on the stand and say Kelly told her that two black ladies picked her up and took her to the police station. At the Jury trial Kelly stated now that I had a hand full of knive all that time. My brother worked 3rd shift and he would sleep from about 4:00p.m til about 10:00p.m. before he have to go to work. Kelly would call me 5 to 10 times a day waking my brother Corey up for two weeks but she say she just met me on the 2nd of June. My God sister that lived with us talked with her numerous times and so did my mother, but again she claim to have only known me that day. The bus driver that knew me even stated that we was on his bus a number of times together.
I was charged with 5 charges. 1-count of 1st. degree sexal assualt penis to vagina livingroom) (1-count of penis to mouth living room (And the same two charges in the bedroom, and 1-count of armed robbery.
after a long time the jury came out with a question for the judge. The question was. (What happens if we came to verdicts on three of the charges but just can't agree on two? The judge said they would have to stay there until they all agree. Ten minutes later they reached a verdict on all charges.
As you can figure I was found not guilty of three of the charges and guilty of two. They found me guilty of penis to vagina and not guilty of penis to mouth in living room. They found me guilty of penis to vagina and not guilty to penis to mouth in bedroom, and then not guilty of armed robbery. The State added on habitual to each charge because I had a felony within five years of each other. Each charge carries 20 years and with addition of habitual that adds half of what your charge carry, so the judge sentence me to 30 and 30 running wild. I have now served almost 21 years for a crime that not only I didn't do but that never happen. I was a young poor black man accused of raping a white woman in Wisconsin.

In 1990 my appeal attorney came to see me and he was drunk as all outdoors. Just reeking of alcohol. After the attorney visit the correctional officer reported the situation to the administration and the next thing I knew was all my transcripts was sent to me from that attorney and the public defender office refused to issue me another attorney. So for 21 years I've been praying that God send me someone to help me. I have seen parole two times and I'm about to see them for the third time July 21, 2010. They want me to take a sex offender treatment program, and after meeting someone special and the fact that this is a program that the parole board say I have to take in order for them to be able to grant me my freedom and after talking with my family and now grown children, but moreover, I'm plane tired of being sick and tired. I Have to go into that program and admit to something I know I didn't do, and then If I'm ever granted my freedom I have to be labeled a sex offender. My family tell me to do what I have to in order to come home, but the don't understand my plight. Over the years I have prayed that God gives me the heart to forgive and he has. I don't hate anyone and I know that I'm no saint and that yes I've done my share of wrong, but in order for god to forgive me, I to must forgive. So I say to you that has read this, forgiveness sometime starts
in ones own heart and then just maybe the world will join in.

If there is anyone in the position to help me I have copies
of my transcript, but the state has destroyed all the evidence
in my case, even after the judge ordered the state to keep them.
You may write to me directly at: Bernell Selders Jr. #107622
N.L.C.I., P.O. BOX 4000, NEW LISBON WISC. 53950
I will up date if I'm ever moved to another Institution and
you may go through MISS Peggy Swan
Thank you for reading my story God bless.
Truly,
Bernell Selders Jr.
http://meetyourprisoners.blogspot.com/2010/07/bernell-selders.html
http://oughttobefree.blogspot.com/2010/07/bernell-selders.html

Lloyd Jarrow

Lloyd Jarrow #365826;
general Delivery
LA State Prison
Angola, LA 70712


FREEDOM ON LIFE SUPPORT BY: LLOYD JARROW
What do you do as a juvenile sentenced to natural life for a crime you did not commit and the judge refuses to consider "New Evidence" that the prosecutor withheld . . . evidence that support your innocence?
What do youdo when the judge faults you because your attorney didn't check the prosecutor's file for this evidence, some, 10 months before trial?
What do you do when the judge's ruling disregard all the motions your attorney filed requesting this evidence, two weeks before and during trial?
What do you do when the judge's ruling even disregard her own ORDERS (before and during trial) for the prosecutor to hand over this evidence?
What do you do when the judge's ruling disregard the law and the fact that the prosecutor lie to your attorney and herself (in open court) about the mere existence of this evidence?
What do you do when the judge's ruling disregard the prosecutor's, inadvertent, admission to having sent you this evidence only "by mistake"?
What do you do when the judge's ruling disregard a sworn affidavit from your attorney affirming your innocence and/or the prosecutor's withholding of such evidence?
What do you do with "New Evidence" that would have permitted the jury to see your case from a whole different light?
What I've decided to do is show you just how inconsiderate and wrong a judgment can be ...

If you have any comments or wish to be a part of my mental support team you can help write or email at the addresses below. The only requirement is that you are positive and optimistic — believe in change.
Lloyd Jarrow General Delivery La. State Prison Angola, LA 70712
email: lloydjarrow@myjail - mailman.com
NOTE: "When someone is innocent it is everyone's business"
— LuLu


Stop
Please don't stone me
For I am innocent.
with the fault of the indigent

We can't go on this way, our lives
has taken a different turn..
as a people detached &unconcern

We are more than distinct colors
We are the spectrum & common neighbors..
a lost Friend, Family, savior

How did we get here, how do we change..
For the higher good, for humane

We share the same sun & recycle
The same air….I am u and u are me-there

Love is stronger than pride..
It's my heart to u
It's God's will-for I have abide

Here's the bridge, save your talk..
It's the son of God at your feet bleeding
Head, heart, and soul.


P.S.
Sometimes we don't realize
Just how much we mean to someone
..just how much we are connected

Sometimes we don't realize the power
We can draw from each other.. sometimes we are afraid

Sometimes fear keeps us
Until we lose hope & foresight
To see beyond the moment
Sometimes we forget….


Lloyd Jarrow







A Once Illiterate Offender expresses His Innocence
It was 55 days after my 17th birthday when I was arrested on suspicion of murder. I was suspected after two witnesses said they saw me w/the shooter headed toward the scene minutes before the shot. I was in tenth grade –special aid –reading and writing on a 4th grade level. I had no idea then that I’d end up here, learning to read and writing about my innocence.
Let me explain. Those witnesses were ex-offenders and drug addicts-hardly enough? They were thrown in jail until the trial, allegedly, to ensure they would attend. The prosecutor had to come up w/something else, but there was nothing else. Although I was at the bar past curfew none of those witnesses saw me shoot or kill anyone! I had never been convicted of a crime. All the evidence pointed to the shooter-who confessed, yet maintained his innocence. During the trial my attorney stressed “my client is innocent and we’re not saying he was an accessory; we’re saying he was not involved in any way.”
In spite of this, the prosecutor tried to get me to plea to a lesser charge of 5 years probation, if I’d agree to testify that I was w/the shooter when he robbed and shot the victim. I wanted to, out of fear and desperation but it wasn’t true! Because I refused, the prosecutor had no witness to the murder so in the midst of the second day of trial he allowed the shooter to plea to a lesser charge (15 years) if he agreed to testify that I was the shooter, which he did. I was convicted of second degree murder and sentenced to natural life in prison.
My trial went swift and without the evidence that would have supported m innocence. The evidence that was withheld by the prosecutor came later, years later, “by mistake.”
I say mistake because this is what the prosecutor said when and how I received the Grand Jury testimony and statements of witnesses, which I was totally unaware of. This evidence implicated his two witnesses of murder. The prosecutors had the trial jury believe his witnesses had no reason to lie, as did the detective, for indictment! When the grand jury ask about “ any other person other than’me’ that had people to come forward and implicate, he lied, and covered for them, in order to make his investigation more reliable. I tried to petition the courts with this newly discovered evidence(pro se) , along with a sworn affidavit from my trial attorney that” If I had discovered these statements I would have done everything under allowable law and have used these statements to support your innocence!!


If you would like to stand with Lloyd in his fight for freedom an d education, you can help by writing to him at: Lloyd Jarrow #365826; general Delivery; LA State Prison; Angola, LA 70712.
Note: Lloyd was sentenced to life in prison without the possibility of parole . If you believe that sentence was too cruel and teens especially should be given a second chance, share your concern by contacting Citizens for A second Chance; Kelly Orians, 504-522-5437.
Kelly Orians is the campaign coordinator for the Juvenile Justice Project of Louisiana.
“Many small people, who in many small places do many small things can alter the face of the world”
Piece of graffiti from the Berlin Wall, Fall 20 years ago.

Brandon Daniels, legal case, story and poetry

Brandon Daniels 426387
JCI
PO Box 233
Black river Falls, WI54615

now
younger



Intro:
Dear Viewer:
My name is Brandon Daniels. I'm 26 years old and from Milwaukee, WI. I've been told by many, and if I may say so myself, I'm a down to earth intelligent respectful charismatic determined well rounded humorous guy.

However, like anyone other then Jesus I've made my share of mistakes within my life. Although I've also learned many valuable lessons by experiencing those obstacles that god laid before.

Which I personally believe is perhaps one of the main purposes of life itself.

I enjoy strengthening my tempo mentally, physically and spiritually. And have been doing so the last four years. I have come to deeply crave knowledge on many levels.

I've been blessed to bring my own reading level from a 4.6 (when first tested in 2002) up too a college level as of my latest 2009 prison placement T.A.B.E. test.Which I accomplished by using an assorted of small but effective techniques. Those ranging from making my own spelling words flash cards and working one new word into my own vocabulary once a week by using it in my everyday convo with fellow inmates. Then of course reading short novels that I could easily vibe with. To even muting the volume on my T.V. for months in my single cell in-order to force myself to read the closed caption to follow the programs.

All in which helped me build my spelling, reading speed and comprehension skills.

And after breaking that first major obstacle I came to realize that the only true limitations on success are the ones one places upon ones self !!

I also have a strong passion for writing music and Urban poetry. Both I've often relied on to vent my emotions and frustrations during my current situation in a positive forum.

With that said I think one of my favorite quotes by Pauline Phillips best express my future intentions in life.
"The purpose in life is to
amount to something and have
it make some difference
that you lived at all"

(Any and all constructive criticism regarding my poetry and advise/ support towards my case is welcome. Please write me at the above Name, P.O. Box 233, Black River Falls, WI 54615")


I am seeking to have my plea bargain withdrawn, behind Breach of plea agreement. And also dismissed of all charges behind the violation of my due process rights.



Below is photo of plea agreement followed by transcription. Click picture to view larger size



Plea Questionnaire/ Waiver of Rights.(transcription of above document)
case number 2006 CF 381
Filed Feb 2 2007
STATE OF WISCONSIN, CIRCUIT COURT, Kenosha County,State of Wisconsin,
Plaintiff,
-vs-
Brandon Daniels, defendant
case number 2006 CF 381
I am the defendant and intend to plea as follows:
Charge: armed Burglary PTAC –plea guilty
Armed robbery PTAC- guilty

I am 22 years old-.
I have completed 12 years of schooling
I do have a. high school diploma, GED, or HSED.
I understand the English language,
I understand the charge(s) to which I am pleading,
I am not currently receiving treatment for a mental illness or disorder, had any alcohol, medications, or drugs within the last 24 hours.
I understand that by entering this plea, I give up the following constitutional rights:
I give up my right to a trial.
I give up my right to remain silent and I understand that my silence could not be used against me.
I give up my right to testify and present evidence at trial..
I give up my right to use subpoenas to require witnesses to come to court and testify for me at trial.
I give up my right to a jury trial, where all 12 jurors would have to agree that I am either guilty or not guilty.
I give up my right to confront in court the people who testify against me and cross examine them.
I give up the right to make the state prove me guilty beyond a reasonable doubt.
I understand the rights that have been checked and give them up of my own free will.
Understandings
I understand that the crime to which I am pleading has elements that the state would have to prove beyond a reasonable doubt if I had a trial.
These elements have been explained to me by my attorney.I understand that the judge is not bound by any plea agreement or recommendations and may impose the maximum penalty.
The maximum penalty I face upon conviction is : 1) 15 years 50,000 2) 40 years $100,000I understand the judge must impose the mandatory minimum penalty if any.
The mandatory minimum penalty I face upon conviction is: none
The judge can impose a lesser sentence if the judge states appropriate reasons.
Rebecca Matoska -_CLERK OF Circuit Court
Plea
D Guilty O No Contest
D Guilty D No Contest

Issues at the Heart of the Matter
IN MATTERS OF 06-CF-381
GOVERNMENT OFFICIALS MISCODUCT WARRANTS Withdrawal of pleas, which are obtained by grossly extreme bias, prejudice, misleading, confusion, breach of agreement, manifest injustices, no probable cause, denied criminal process of law, all charges must be threw out based on grounds stated.

All attorney's appointed to case 06-CF-381 made no good efforts bring these unconstitutional flaws to light. Fareeta V. California, 422 U.S. 806, 834(1975) to force a lawyer on a defendant can only lead him to believe that
lawyer contrives against him.
ISSUES AT HEART
ISSUE (1). No criminal process exist for arrest under (ss 968.07) 968.073 Custodial Interrogation no interview informing defendant of criminal charges and arrest to appear in court 4-11-2006.
ISSUE (2) On 4-11-2006 Initial appearance record,(Exhibit 1) Court commissioner James Fitzgerald denied criminal process under 970.02,1.(A.)(B.) (C.)(6). Failed to officially inform Mr. Daniels of "criminal charges" "criminal statue sections," “maximum penalties if convicted" "entitled preliminary examination within ten days" "entitled to state appointed." This constitution equal protection of information is not recited in record Exhibit 1). Thereby probable cause doesn't exist, 4-11-2006 court commissioner Fitzgerald willingly, knowingly, intentionally failed to inform defendant his constitutional rights protections under 970.02 (1.)(A. )(B. ) (C. )(6) State lacked competency to exercise its subject matter jurisdiction as states failure to comply with statutory methodology prescribed by legislature.

ISSUE (3). On 4-17-2006 Adjourned Initial appearance (Exhibit,2). Commissioner Fitzgerald again failed to inform Mr.Daniels of "charges", "criminal statue sections""maximum penalties if convicted". Record doesn't recite constitutional right protections under 970.02,1.(A.)(B.)(C.). During this unlawful proceedings Attorney Eileen Huie is not appointed to case and requested preliminary hearing be set beyond ten day time limit. Note, 4-11-2006 record show Mr.Daniels didn't waive ten day time limits to have probable cause examination, nor did he waive time limits 4-17-2006.
ISSUE (4). On 4-20-2006 commissioner Fitzgerald, prosecutor Graveley, and Kenosha's state public defenders office supervisor Diane Zitzner agreed obstructing justice, denied preliminary hearing probable cause process under S.S. 970.03 (1.)(2.)(3.)(4.)(5.)(6.)(7.)(8.)(9.)(10.). See exhibit (3). Preliminary record 4-20-2006 commissioner Fitzgerald again failed to inform Mr.Daniels of his "charges""criminal section" "maximum penalties if convicted", again Mr. Daniels didn't waive time limits.
Quote record 4-20-2006 page 5: Mr.Daniels time limits have been tolled for cause he has no attorney, and I cannot proceed with this pro­ceedings without an attorney. And the delay is caused by defense and more so by public defenders office. I understand they're under alot of pressure to find enough people to represent all of these defendants. It's my understanding they have been using "diligent efforts". As I recall when Mr.Daniels was in here sometime this week, I think it was Monday, I indicated the public defender should use all diligent effort to locate an attorney so this matter could proceed. But apparently they were unsuccessful in that endeavor. Unquote.

On 4-21-2006 S.P.D. supervisor Diane Zitzner agreed with newly assigned attorney Geneva Brown to continue with sabotage upcoming preliminary hearing 4-26-2006 to cover up prior violations (4-11-2006 No probable cause)(4-17-2006 No probable cause)(4-20-2006 No probable cause). (Exhibit,4). Preliminary Record 4-26-2006, Attorney Brown follow through with sabotage, told Mr.Daniels to waive preliminary hearing and charges 3 through 9 would be completely threw out and not used in court against him. Deceit was used to get Mr.Daniels to waive this preliminary which was already in violation of his constitutional rights prior to him waiving probable cause hearing under S.S.970.03 (l.)(2.)(3.)(5.)(6.)(7.)(9.)(10.).This motion was not filed by attorney Brown; Quote: The defendant, appearing specially by his attorney and reserving his right to challenge the courts jurisdiction, moves the court for an order dismissing this action.
This motion is brought pursuant to SEC.971.31(2)(5 ) , stats, on the grounds that defendant has not been provided with a preliminary examination in this case within statutorily prescribed time limits, in violation of the rights guaranteed by the 5th and 14th amendments to the United States Constitution; Article 1, section 8 of Wisconsin Constitution; SEC.970.03(2),STATS; and Armstrong V. State,55 WIS. 2d 282, 198 N.W.2d 357(1972), Logan V. State,43 WIS.2d 128, 168 N.W.2d 171(1969), and State EX rel. Kilnkiewicz V. Duffy, 35 WIS. 2d 369, 151 N.W. 2d 63(1967). These delays prejudiced defendants rights to present a defense, State V. Golden, 185 WIS. 2d 763, 519 N.W. 2d 659 (ct. app.1994).
ISSUE (5). (Exhibit 5). Arraignment Record 5-23-2006 Judge Anthony Milisauskas, Prosecuter Graveley, and Attorney Brown didn't inform Mr.Daniels of "charges""criminal statue sections""maximum penalties if convicted". This arraignment in violation of Mr.Daniels constitutional rights 4th, 5th, 6th, 8th, 13th, 14th, amendments, $500,000 cash bond not informed of charges.
Issue (6). Both attorneys Brown, and Flanagan failed to file 971.23 Motion Discovery & Inspection to review all evidence prior having Mr.Daniels accepting pleas 2-2-2007.The presumption of prejudice has -. sometime been applied in a plea of guilty context. See Stano V. Dugger, 889 F. 2d 962 (llth cir. 1989) presumption of prejudice where during guilty plea proceedings attorney said he had not received full discovery from state and thus could not advise his client as to propriety of guilty plea. Pressing defendant to accept plea agreement and enter guilty plea, State V. Rock, 92 WIS 2d 554, 285 N.W. 2d 739 (1979). Coercion on part of trial counsel, confusion, inaccurate legal advise renders a plea uninformed one and can compromise the voluntariness of the plea, State V. Woods, 173 WIS 129, 496 N.W. 2d 144 (ct.app.1992).
Mr.Brandon Daniels guilty pleas accepted without trial court conformance with WIS. State Statue 971.08; Fed. Crim. P. Rule 11. Mandatory duties imposed by Supreme Court. (Exhibit 6.) Plea hearing record 2-2-2007, plea Judge Wilbur Warren.
ISSUE (7). Court failed to inform defendant of criminal statue sections violated, he plead to;
ISSUE (8). Court failed to inform defendant maximum penalties and fines if convicted on all counts 1 through 9;
ISSUE (9). Court failed to inform defendant of potential possibility receiving consecutive sentence;
ISSUE (10). Court failed to inform defendant that court is not bound by plea agreement terms;
ISSUE (11). Court failed to ask defendant was force, threats or promises or coercion used causing to plead guilty;
ISSUE (12). Court filed to personally address defendant is his pleas made intelligently;
ISSUE (13). Detective plea colloquy defendant unable to understand information much confusion, and other information wasn't provided;
ISSUE (14)."Plea waiver of rights questionnaire form if defective" couldn't understand "charges" or elements, or rights waiving, or maximum penalties, much confusion went on signing plea waiver rights form 2-2-2007.
ISSUE (15). Breach of plea agreement. Court used dismiss read-in Armed Robbery for count 1. during plea accepting 2-2-2007. Thereby forced defendant to plea on two counts of conspiracy to commit Armed Robbery, See Plea Record page 3. Exhibit (7). Plea Questionnaire Waiver Of Rights document recite count 1. Conspiracy To Commit Armed Burglary enter plea of guilty; Count 2. Conspiracy To Commit Armed Robbery No other crime listed. See Exhibit (8). Criminal Information 06-CF-0381 Count 1: Conspiracy To Commit Armed Burglary; Count 2: Conspiracy To Commit Armed Robbery; All other counts 3 through 9 dismiss. Therefore at plea hearing 2-2-2007 Mr.Daniels never pleaded guilty to count 1: Conspiracy To Commit Armed Burglar. Signed plea questionnaire was not conclusive evidence that defendant understood elements of crimes listed in questionnaire State V. Boiling, 2000 WIS 6, 4-5, 52-55, 232 WIS 2d 561. 605 N.W. 2d 199. Pleas was involuntary and unknowing and in violation of defendants rights To Due Process, State V. Cecchini, 124 WIS. 2d 2000, 368 N.W. 2d 830 (1985).Supreme Court has stated that guilty plea cannot Be considered voluntary unless accused has real notice of true nature of charges against him, Marshall V. Lonberger, 459 U.S. 422 436, 103 S. ct. 843, 851, 74 L. ed 2d 646 (1983).

A guilty plea can be withdrawn as a matter of right if it is established that: 1) There was a violation of a relevant constitutional right: 2) The violation caused defendant to plead guilty: 3) At the time of guilty plea defendant was unaware of potential constitutional challenges to prosecution case, State V. Carslson, 48 WIS. 2d 222. 179 N.W. 2d 851 (1970). A plea will not be voluntary unless defendant has a full understanding of charges against him, Brady V. United States, 397 U.S. 742, 748, N.6. 90 S. ct. 1463, 1469, N.6. 25 L. ed. 2d 747 (1970). US V. Berrios-Centeno, 250 F 3d 294 (5th cir. 2001) 1.) To be sufficient an indictment must allege material element of offense; 2.) Because an indictment is jurisdictional, a defect in an indictment is not waived by a guilty plea.

Citation Of Authority: To withdraw a plea after sentencing, a defendant must satisfy two threshold requirements. First, he must make a prima facie showing that his plea was accepted without trial courts conformance with 971.08 and other court imposed mandatory duties; and, second, that he or she did not know or understand the information that should have been provided at plea hearing. State V. Vancamp, 213 WIS. 2d 131, 140-41, 569 N.W. 2d 577 (1997) Citing State V. Bangert, 131 WIS. 2d 246, 274, 389 N.W. 2d 12, 26 (1986) . Upon that showing, the state bears the burden of showing by clear and convincing evidence that plea was knowingly and voluntarily nade. Mr. Daniels moves the court pursuant to § 971.08 § 809.30 State V. Kampton, 274 WIS. 2d 379, 683 N.W. 2d 14, 2004 WI 107. (2004) and State V. Bangert, 131 WIS. 2d 246, 389 N.W. 2d 12, (1986) for the entry of an order permitting him to withdraw his previously entered guilty pleas on ground that pleas were not voluntarily knowingly and intelligently entered and that the court failed to advise him at the time of accepting his pleas that court was not bound to follow any plea agreement or recommendation by the parties. State V. Brown, NO. 200 3ap2662-cr order (WIS ct. app Feb.21 2005). Seiller V. United States, 544 F.2d 544 (2d cir.1975); State V. Fortier, 2006 WI app 11, p28 N. 5, 289 WIS. 2d 179, 709 N.W. 2d 893. State V. Knight, 168 WIS. 2d 509, 520, 484 N.W. 2d 540 (1992). State V. Rangert, 131 WIS. 2d 246, 389 N.W. 2d 12 (1985).

Osborn V. Shillinger, 861 F.2d 748 (10th cir 1998) Holding counsel performance was not only ineffective, but counsel abandoned the required duty of loyalty to his client. Trial counsel simply did not make poor strategic or tactical choices, he acted reckless disregard for his clients best interest and apparently with intentions to weaken his client case. Lockhart V. Terhune, 250 F 3d 1223 (9th cir. 2001) Denied 6th amendment right to counsel includes the tight to be represented by an attorney with undivided loyalty. US V. White, 222 F 3d 363 (7th cir 2000) Government has a special responsibility to ensure the integrity of criminal judicial process by living up to code of professional ethics and fair play at all time. Specific intent to deprive defendant of constitutional rights. Unjustifiable deprivation of libery accomplished without probable cause under fourth amendment, denied meaningful procedural due process. Attorney Johnnie L. Cochran Jr. Quoted: Throughout our history, where ever moral and legal lawlessness held sway, black people suffered, our struggle had never been with America's constitution and it's laws; rather, ours was a struggle to convince white American's that we, too, were entitled to the constitutions protections and they, too, were subject to it's restraints, Unquote. U.S. V. Warwick, 167 F3d 965 (6th cir.1999) Under outrageous government conduct defense, a conviction may be improper, even if the evidence establishes a defendant predisposition to commit the crime.END.


court transcript

DATE OF HEARING: FEBRUARY 2, 20071
1 MR. GRAVELEY: It's been a consistent offer
2 throughout this case. The offer has never changed. That
3 offer was the defendant would have the opportunity to
4 plead to Counts 1 and 2 of the current Information. The
5 State would move to dismiss but read in all of the
6 remaining charges.
7
THE COURT: What would the State's position
8 be at sentencing?
9 MR. GRAVELEY: We would have a free hand.
10
THE COURT: Mr. Daniels, do you understand
11 the offer the State's made?
12 MR. DANIELS: Yes, I believe I do.
13 THE COURT: Okay. Count 1 is a conspiracy to.
14 commit armed robbery. It's a Class E felony,
15 years15 maximum imprisonment. Count 2 is conspiracy to commit
16 armed robbery. That's charged as a Class C which is
17 maximum imprisonment of 40 years. The balance of the
18 charges here are all conspiracies to commit armed
19 robbery, some with dangerous weapons. There are other
20 charges. I haven't added them all up, but I would guess
21 there's probably well over a hundred years of exposure
22 there that's being dismissed under the State's offer.
23 Have you had enough time to consider this offer?
24 MR. DANIELS: So you're saying that all the
25 other counts come back in balance if I don't accept the
1 plea, the whole 256 years?
2 THE COURT: You've added it up yourself, I
3 see.
4 MR. DANIELS: Yes, sir.
5 THE COURT: If you don't accept the plea,
6 which is your right to do -- I'm not questioning your
7 judgment. If you decide not to accept it, you don't have
8 to accept it, but then we go to trial on all 256 years.
9 MR. DANIELS: See, I wasn't -- I didn't
10 understand that. I thought that was all dismissed when I
11 waived the preliminary hearing, that other seven counts.
12 THE COURT: No. You've got a seven-count
13 Information here. With that type of exposure, there's a
14 substantial reduction here, not that 65 years is a small
15 amount, but on 65 years, the maximum period of
16 incarceration on that would be 30 years. That's the most
17 you could go to jail initially. That's the maximum.
18 That's not to say you'd get the maximum, but that's the
19 maximum.
20 MR. DANIELS: Okay
.21 THE COURT: Do you want more time to talk
22 about this?
23 MR. DANIELS: Yes. I don't mean to waste the
24 Court's time, but I would like to speak to my lawyer.
25 THE COURT: Mr. Daniels, this is a very
KENOSHA COUNTY CIRCUIT COURTBRANCH- 5(262)653-2508


photo of "elements of common criminal offenses "


Factors checked:
1)Burglary while armed; Class E felony:
I intentionally entered the building of another
I did not have the consent of the owner or person in lawful possession to enter
I knew I did not have consent to enter
At the time I entered, I intended to steal or commit a felony.
2) Armed robbery ; class C felony
I took property from the person or the presence of the owner
I used force or threat of force against the person of the owner.
I intended the force or threat of force to overcome the physical resistance or physical power of resistance to the taking and carrying away of property


POETRY FOLLOWS
(Any and all constructive criticism regarding my poetry and advise/ support towards my case is welcome. Please write me at the above Name, P.O. Box 233, Black River Falls, WI 54615")

A Cry in the Night
I laid quietly in the dark,
Hearing the cries of a man,
Yet not those that come from pain,
But from something I failed to understand.

This man I speak of is kind hearted,
Perhaps the same age as I,
Yet he'll never see his daughter take her first step,
Or give her away as a bride.

For some reason it always hits him,
In the middle of the night,
That he'll never go home to his family,
For the rest of his life.

He knows not to speak of his fears,
For these men will prey on his weakness
However I seen it quite clear,
For his eyes shared the secrets.

One night he slit his wrist,
But they saved him in time,
This I must say I never seen comeing,
For he kept that too deep inside.

But now I've come to understand,
What made his tears so different,
The tears of pain, fear, death,
However the tears he shed, welcomed it...

Brandon G Daniels

Do Yo Thang
Do yo thang with yo diva slang
So sharp, so fierce, so laced with game,
Of course can't nobody tell you anything!,
When it comes to Bailer's you know every name,
And you ain't never had to want or pay for anythang!

You posess a precious jewel, but you don't care,
You bid it off, like an auction,
Men gawk and stare at you everywhere,
When you lick yo lips, and flip yo hair,
Switch yo hips, when you strut up stairs,
Arch yo butt, and puff yo square!

Yeah, you know you sexxxy,
So carmel and voluptuous,
Sweet and scrumptious,
The ideal seductress!

But really hon', you ain't got a clue,
That those men just lust for you daily,
But only love you for the moment,
And those looks will one day fade,
And those men will no longer want it,

Then all that envy and fame,
That you once craved for motivation,
Will soon become eye rolls and smirks,
From the birth of the next Diva generation,
But,
Gone do? you thang,
With yo Diva slang,
So sharp, so fierce,
So laced with game,
Of course, can't nobody tell you anythang...

By Brandon Gold Daniels 1/29/2010

Body Language
Allow me to read between the lines,
as I close my eyes and memorize.

The envy of God's creations.
The essence of raw temptation.
The portal which brings forth new life,
and also holds the gateway of great sensation.

With eyes the shade of every existing flower.
And lips that can persuade, influence and empower.

While bearing the fragrances of exotic fruits
and candy so delicious, One literally wishes it could be devoured.

with hips that sway like a suave ocean wave.
Or a cloud of dro smoke from a blunt left to blaze.

Yes, I understand yo body braille.
The heavy punctuation in every sharp detail.

And I feel the title beneath my fingers,
presenting a story of sexual cravings.

Overwhelming my curiosity to sink my face within the cover,
For a taste of the sweet words between yo pages.

As I read yo body language....

By; Brandon Gold Daniels 5/30/2010


AN ANGEL IN DISGUISE
Shes like a ghost that appeared,
within my darkest hour.
Although I can't see her face,
I can sense her power

So sincere and ambitious,
encouraging and mysterious.
The closest thing to an angel,
that I've ever experienced.

I'm from the heart of the slums,
where the birds, don't humm.
And the elders just pray,
to see death before those who are young.

Kids bring guns to school, because
theres no brakes in trigger play.
And they even sell dope to their own momma's,
and will beat her like any other, if she doesn't pay.

What makes one see this as ok?
And not feel an ounce of shame?
As they profit and give aid.
To what eats their own families away?

My life is a horror movie,
That can be viewed from the corner.
It's narrated by the old wino's,
who beg all day, for a spare quarter.

On the set only the strongest survive,
because heartless goons rome the streets,
That are so rough even the boogieman checks under his bed,
before HE, goes to sleep.

I'm a product of my environment.
The roar amongst the silence.
Bred to be wary of kindness.
And taught the norm, is violence.
But I've finally broke the chains,
that I helped place upon my own identity.
From my lack of knowledge and subjection,
to the worlds endless opportunities.

But now my mind is free,
although my body is still caged.
And my hunger to exceed others negative expectations.
Is what helps motivate me each day.

When I call out to my ghost,
she answers to me, but vaguely.
Not in any depth or elaboration,
yet still, never ceasing to amaze me.

How long has she lived?
And what has she experienced within it.
For I must know what drives this soul,
that I've been blessed to occasionally communicate with.

If I could show just half my appreciation,
I'd embrace this being with a strong hug, and soft kiss.

If for no only reason,
it has givin me the proof of evidence.
That good angels walk among us,
and actually do exist!

In dedication to all those who help others out of the kindness of their heart and seek nothing in return.
By: Brandon "Gold" Daniels #426387
[2]

Jesse Skinner

Jesse Skinner 82A0442
Fishkill Correctional Facility
Box 1245
Beacon, New York 12508

My name is Jesse Skinner. I’ve been in prison a total of 30 years. But that don’t make my sentence legal. I still have hope that some attorney will handle my case as well as any lawsuit I have coming.

As I look back and see all that I’ve missed in life because I didn’t take the time , patience or energy to learn the law-I blame myself for that.

To any attorney that would like to take my case: I also have a writ of habeas corpus in the supreme court of New York which will be heard on March 17 2010 ( date already passed). Enclosed is a copy of my writ of habeas corpus.

Let me explain some things about my trial. I was found not guilty by the jury of murder in the second degree.
I was found guilty by jury verdict of manslaughter in the first degree, manslaughter on the second degree and criminal possession of a weapon in second degree.

That’s when the same judge read the same count of murder in the second degree to the jury again. And they found me guilty.

The sentence I have is a illegal sentence because of inconsistent counts. Two counts are inconsistent when guilt of the offense charged in one necessarily negates guilt of the offense charged in the other.

An example of inconsistent counts would be two counts of murder 2- one charging intent to kill and the other charging deprave indifference.
Guilt of one necessarily negates guilt of the other. Because if the defendant intended to kill he/she could not have been indifferent. See people Vs. Gallagher 69NY.2d 525, 516N.Y.S.2d 174, 508. N.E.2d 909(198&)
Also enclosed is a copy of my personal criminal history record. I hope that someone will take my case.

documents on this post:
1)petition for Writ of Habeas corpu
2)Habeas Corpus
3) People V. Gallagher, model case for Jesse Skinner's case, is summarized in photo of Nre York Supplement 2d series and in transcript of part of article below it.
4-7) verification, affidavit, application for index No., self representation form
8)plea
9)committment
10) colloquy
11) conviction history


Note: document pictures appear before the transcription in most places. Click on pictures to view in bigger size.

Writ Of Habeas Corpus
click on pictures to view bigger
transcriptions under documents.
Supreme Court of the State of New York County of Queens
The State of New York ex rel.
JESSE SKINNER, PETITIONER,

To the Superintendent of Fishkill Corr. Facility
WILLIAM J. CONNOLLY/ : Respondent-

Writ of Habeas Corpus Index No-2097/79


We command you, that you have the body of JESSE SKINNER, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatever
name the said JESSE SKINNER if called or charged before justice of the Supreme Court to be held at _______ o'clock in the _____ noon of the day of_______,2010, to do receive what shall then and there be considered, concerning said JESSE SKINNER, and have you then and there this writ.

WITNESS/ Hon. _______,_ Justice/ one of the Justice of our said Court, this , 2010.


By the Court/
Clerk


Supreme Court of the State of New York County of Queens
In the Matter of the Application of JESSE SKINNER , PETITIONER,
IT.
WILLIAM Jo CONNOLLY, Superintendent of Fishkill Corr. Respondent.
Fac.
Petition For Writ of Habeas Corpus Index No.2097/79










To The Supreme Court of The State of New York:
Your petitioner respectfully alleges and shows:

1. That JESSE SKINNER,the petitioner, makes application herein on his own for a writ of habeas corpus, That the place where said JESSE SKINNER is imprisoned and restrained of liberty, is Fishkill Correctional Facility, in the town of Beacon, New York, County of Dutchess, State of New York. That the officer by whom petitioner is so detained is WILLIAM J. CONNOLLY, Superintendent of Fishkill Correctional Facility, That the imprisonment and restraint of said JESSE SKINNER is by virtue of a mandate; a copy of which is hereto annexed and marked "Exhibit A"-
2. That the cause SKINNER, according to the
is illegal detention due
or pretense of detention of said JESSE best knowledge and belief of petitioner to an illegal sentence and detention.
3. That a court or judge of the United States does, not have exclusive jurisdiction to order the said JESSE SKINNER released.
4. That the detention of said JESSE SKINNER is illegal in that the respondents have held him way over his date of release by the miss application of law in that petitioner was illegally sentenced to 25 years to life based on erroneous information in that the verdict sheet of this defendant established that he was and is not guilty of the charge of Murder, however, the court against the verdict sheet which states the petitioner is not guilty sentenced the defendant to 25 to life on a commitment of murder in the second degree even though the verdict sheet establishes a not guilty verdict; a copy of which is hereto annexed and marked "Exhibit B".
5. On January 08, 1982, petitioner was sentenced to manslaughter in the first degree, manslaughter in the second degree, two counts of robbery in the first degree and criminal possession of a weapon in the second degree, See Sentencing Minutes, pages 22-23; a copy of which is hereto annexed and marked "Exhibt C".
6. where defendant is charged with single homicide/ inconsistent counts would be two counts of murder in the second degree (Penal Law § 125.25). one charging intent to kill (subd.l) and the other charging depraved indifference (subd.2). Guilt of one necessarily negates guilt of the other; because/ if the defendant intended to kill/ he could not have effected death by reckless conduct/ and vice-versa.
See People v. Gallagher,69 N_Y.,2d 525, 516 N.Y.S.2d 174, 508 N.E.2d 909 (1987) Below:
7. That on the 15th day of September/ 2008/ an application for writ asked for herein was made by JESSE SKINNER TO THE Honorable MICHAEL ALOISE, J.S.C., at his chambers in the county court house/ New York State Supreme Court/ Queens County/ 125-01 Queens Blvd./ Kew Gardens/ New York 11415, which application was denied/ a copy of which is hereto annexed and marked "Exhibit D".
8. That no appeal has been taken from any order or judgment in any action or proceeding against said JESSE SKINNER whereby petitioner has been imprisoned or restrained of his liberty.
9. That the new facts shown upon the present application that were not previously shown are a citation to People v. Gallagher, supra; which petitioner belief places light on his situation/ and petitioner stable mentally/ petitioner last application/ he was mentally un-stable. j
Wherefore petitioner prays that a writ of habeas corpus directed to said WILLIAM J. CONNOLLY, Superintendent of Fishkill Correctional Facility/ issue requiring the production of JESSE SKINNER before the court for the purpose of inquiring into the cause of the imprisonment and restraint of said JESSE SKINNER and of delivering petitioner therefrom, pursuant to the statute in such case made and provided.
Petitioner-Pro-se.


People v. Gallagher

New York Supplement , 2d series  69 N.Y.2d 530 PEOPLE v. GALLAGHER
 Cite as 516 N.Y.S.2d 174 (Ct.App. 1987) 175
508 N.E.2d 909 69 N.Y.2d 525 PEOPLE of the State of New York, Respondent-Appellant, Daniel GALLAGHER, Appellant-Respondent. Court of Appeals of New York. May 7, 1987. Defendant was convicted in the Su­preme Court, Suffolk County, Stark, J., of murder in the second degree and man­slaughter in the second degree, and he appealed. The Supreme Court, Appellate Division, 116 A.D.2d 299, 501 N.Y.S.2d 355, reversed the manslaughter conviction and affirmed as modified, and appeal was tak­en. The Court of Appeals, Kaye, J., held that, where defendant was charged with single homicide, failure to submit intention­al murder and depraved mind murder counts of indictment to the jury in the alternative was reversible error.
Reversed. Bellacosa, J., concurred and filed opin­ion.
1. Homicide ©=308(4) Where defendant is charged with sin­gle homicide, in indictment containing one count of intentional murder and one count of depraved mind murder, both counts may be submitted to jury, but only in the alternative; one who acts intentionally in shoot­ing person to death cannot at the same time act recklessly. McKinney's Penal Law § 125.25, subds. 1, 2; McKinney's CPL § 300.30, subd. 5.
 2. Homicide ©=340(1), 345 Failure to submit charges of intention­al murder and depraved indifference mur­der, based on single homicide, to jury in the alternative was reversible error which could not be cured by appellate vacation of one of the inconsistent convictions; deter­mination of whether defendant acted inten­tionally or recklessly at time of crime was p jury's function. McKinney's Penal Law § 125.25, subds. 1, 2.
Nathan R. Sobel and Freda S. Nisnew-itz, Brooklyn, for appellant-respondent.527 Patrick Henry, Dist. Atty. (Mark D. Co-hen, Riverhead, of counsel), for respondent-appellant.

OPINION OF THE COURT
KAYE, Judge.
 [1] Where a defendant is charged with a single homicide, in an indictment contain­ing one count of intentional murder and one count of depraved mind murder, both counts may be submitted to the jury, but only in the alternative.
       After an all-night St. Patrick's Day cele­bration involving the consumption of large quantities of alcohol, defendant—a veteran New York City police officer—shot and killed a fellow police officer. Defendant was charged in a single indictment with two counts of murder in the second degree The first count accused him of intentional murder (Penal Law § 125.25[1]), the sec­ond charged him with depraved mind mur­der (Penal Law § 125.25[2]). Priorjtojsub-mitting the case to the jury, the Trial Judge informed counsel of his intention to charge both murder counts as well as man­slaughter in the first degree (Penal Law § 125.20[1]) as a lesser included offense of intentional murder, and manslaughter in the second degree (Penal Law § 125.15[1]) as a lesser included offense of depraved mind murder. Defense counsel objected on the ground that such a charge would per­mit the jury to return two guilty verdicts— one under each count of the indictment— and requested that the murder counts be charged in the alternative, thereby allow­ing no more than a single verdict of guilty. The court refused. The jury retired for deliberations and, consistent with the Trial Judge's instructions, returned a verdict convicting defendant of intentional murder (as charged in the first count of the indict-metit) and reckless manslaughter (the less­er included offense charged under the sec­ond count). Defendant was sentenced to 15 years to life on the murder count, and 4 to 12 years for manslaughter, to be served concurrently.
       A divided Appellate Division upheld the trial court's actions, but in the interest of justice modified the judgment by reversing the manslaughter conviction and vacating that sentence, on the theory that defendant should not be punished twice for the same criminal act (see, People v. Perez, 45 N.Y. 2d 204, 209, 408 N.Y.S.2d 343, 380 N.E.2d 174). We now determine that it was error not to charge the two counts in the alterna­tive, and therefore reverse defendant's con­viction and order a new trial.
        One who acts intentionally in shooting a person to death—that is, with the conscious objective of bringing about that result (Pe­nal Law § 15.05[1])—cannot at the same time act recklessly—that is, with conscious disregard of a substantial and unjustifiable risk that such a result will occur (Penal Law § 15.05[3]). The act is either intend­ed or not intended; it cannot simultaneous­ly be both. Thus, where the shooting (the act) and the death (the result) are the same, a defendant cannot be convicted twice for the murder, once for acting "intentionally" and once for acting "recklessly" (see, Peo­ple v. Brown, 32 A.D.2d 760, 301 N.Y.S.2d I 687, affd without opn. 27 N.Y.2d 499, 312 I N.Y.S.2d 676, 260 N.E.2d 870).
        It follows, therefore, that the two second degree murder counts in the present indict­ment—intentional murder and depraved mind murder—are inconsistent counts as defined in CPL 300.30(5), because guilt of one necessarily negates guilt of the other. A finding that defendant committed inten­tional murder by killing his victim with the conscious objective of causing his death precludes the inconsistent finding that de­fendant at the same time committed de­praved mind murder [saoby recklessly and thus unintentionally killing that same vic­tim under circumstances evincing a de­praved indifference to human life. By no rational theory could the jury have found defendant guilty of both crimes.
     





VERIFICATION
STATE OF NEW YORK COUNTY OF QUEENS
MR. JESSE SKINNER_____, the above-named petitioner, being duly sworn, says that the contents of the foregoing petition are well known to him, and that the same is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matter he believes it to be true.
MR/ JESSE SKINNER
fr82-A-0442, Pro-se
FISHKILL CORRECTIONAL FACILITY
P.O. Box 1245
BEACON, NEW YORK 12508


SWORN TO BEFORE ME THIS 25th
DAY OF January ,2010
David J Howard
Notary Public
State of New York
No. 01H06048723
Qualified in Duchess County
Commission Expires
October 2. 2010



AFFIDAVIT OF SERVICE
STATE OF NEW YORK COUNTY OF QUEENS
MR. JESSE SKINNER
being duly sworn/ deposes and says
1. I am over the age of 18 and reside at Fishkill Correctional Facility, P.O. Box 1245, Beacon, New York 12508.
2. On JANUARY, 2010, I served the within
Affidavit In Support of Petition For Writ Of Habeas Corpus relief Article 70, and for Assignment Of Counsel New York County Law Article 18-b.
Upon:
The Queens County District Attorney
At the following address:
NEW YORK STATE SUPREME COURT
Queens County
125-01 Queens BLVD.
KEW GARDENS, NEW YORK 11415
by depositing a true copy of the within in a post paid properly addressed wrapper, in an official depository under the exclusive care and custody of the Department of Correctional Services of New York.
MR/ JESSE SKINNER
#82-A-0442, Pro-se
FISHKILL CORRECTIONAL FACILITY
P.O. Box 1245
BEACON, NEW YORK 12508
SWORN TO BEFORE ME THIS
DAY OF NOTARY

1C
David- J Howard; Notary- Public State of New York -No, 01 HG804S723 Qualified in -Dutchess Count Commission Expires October 2,. 2010





Application For Index Number
QUEENS -•••................COUNTY CLERK
Application for INDEX NUMBER
In the Matter of the Application of JESSE SKINNER,
Petitioner,
INDEX NUMBER
Writ of Habeas Corpus
vs.
WILLIAM J. CONNOLLY,
Superintendent of Fishkill Corr. Facility Respondent. ____ ___________
INDEXED AND ENTERED

Title of Action or Proceeding to be TYPED or PRINTED by applicant.
Supreme Queens
................COURT, .................... COUNTY
JESSE SKINNER
vs.
INDEXED AND ENTERED
ICLOCK DA T()
WILLIAM J. CONNOLLY Superintendent of Fishkill Corr.

photo of self representation form.


PLEA




MR. JESSE SKINNER, I82-A-0442, Pro-se. Fishkill Corr. Facility P.O.Box 1245 Beacon, New York 12508_________________________ New York State Supreme Court DISTRICT ATTORNEY, Queens County 125-01 Queens Blvd., Kew Gardens, New York 11415
COMMITMENT TO THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICE
At a Criminal Term of the Supreme
PRESENT:
Justice of the Supreme Court, Indictment No. .2.P.9.7"7.9....
THE PEOPLE OF THE STATE OF NEW YORK
vs.
Jessie Skinner
Defendant
On 12/10/81 defendant was found guilty by jury verdict of:
Murder 2nd deg Sentence: Min 25 yrs Max Life
Manslaughter 1st deg " Min 12 1/2 yrs Max 25 yrs
Robbery 1st deg (2cts) " Min 12 1/2 yrs Max 25 yrs on each ct
Crim Poss Weapon 2nd deg " Min 7 1/2 yrs Max 15 yrs
All sentences to run concurrent with each other. Arraigned and admits predicate felony.
Bottom scan
below:Colloquy page one and two.



transcription of colloquy above:
"pre-sentence report: in aid of sentence. In that regard, of course, it is relevant to state for the record that the probation department is not an arm of your attorney’s office. It is an aid to this court. The law allows counsel to submit to this court a pre-sentence report to add anything that may have been left out in the probation report, so we accept no responsibility with respect to anything that is not contained in the probation report by you or your counsel feel is necessary, If you fail to share it with us, we don't have it before us,

You stand convicted,sir, before this court of manslaughter in the first degree, manslaughter in the second, two counts of robbery in the first degree and criminal possession of a weapon in the second degree.

With respect to the offense of manslaughter in the first degree, it is the judgement of this court, that you be sentenced, to an indeterminate term of imprisonment having been found to a predicate felony to a term of not less than twelve and one half years, no more than twenty-five. With respect to murder in the second degree, it is
the judgement of the court that you be sentenced to an indeterminate term of imprisonment of not less than twenty-five, no more than life.

With respect to each of the robbery first degree count, it. is the judgement of this court that you be sentenced to a indeterminate term of imprisonment of twelve and one half to twenty-five years with respect to each of those offenses. With respect to the offense of criminal possession of a weapon in the second degree, it is the judgement of this court that you be sentence to an indeterminate term of imprisonment, not less than seven and one half, no more than fifteen years.
That constitutes the sentence of this court.
THE CLERK: Jessie Skinner, you have the right to appeal to the Appelate Division, Second Department within thirty days. You may apply to the Appelate Division for assignment of counsel believe to ' prosecute the- appeal as a poor person and. dispense with printing, .
Defendant is remanded.
MR, HOHAN: Your Honor —
THE COURT: Yes, counsel? , MR. HORAK: I would like Mr, Skinner.



conviction history