Saturday, October 14, 2006
Cory Gilmore #254400 Green Bay Correctional Ins. P.O. Box 19033 Green Bay, Wi 54307
My nephew and I are in prison sentenced to 54 years for an armed robbery that we did not commit. Your support is needed.
My name is Gory Gilmore. I am 29 years old (7/27/77). When I was 18, I was sentenced to 54 years in prison for two armed robberies, aggravated battery, and substantial battery. I accept responsibility for the crimes I committed. I was sentenced to 16 years for one of the armed robberies and the substantial battery. I am, however, sentenced to 35 years for an armed robbery that I did not commit.
I have been in prison for 11 1/2 years. Since being in this prison, my mother died and not being there with her during her last days is hard for me to deal with. Now, my oldest brother is very sick and I am worried about him. I have a 12 year old son who I haven't seen in 10 year. I've missed out on so much of his life and I want to be there during these crucial teen years. I NEED to be there because I love my son and I don't want him making the same mistakes that I've made.
My nephew is 34. His name is Jonathan Gils and he has a daughter who's 16 years old. We are reaching out for your political support. We're hoping that with the support of the public, the judges and prosecutor's will act fairly and either reduce our sentence or grant us a new trial.
We were not trying to serious hurt anyone, and I am sorry for the injuries that I caused. I hit the guy with several bottles to get him to release his gun, and when we got the gun we ran out the store. But the guy received numerous stitches to his head and I am sorry for that. The guy is an elderly man, and we did not go inside the store intending to rob or attack him, and we did not rob the man.
We shouldn't be in prison for a crime that we did not commit. The following evidence supports our innocence:
EVIDENCE OF INNOCENCE NO. 1
On the day of the alleged robbery, Claudino Claudio (the alleged robbery victim) told the police that two people attempted to rob him and that he did not know whether any money was taken which he kept on his person. Two weeks after the incident, Claudio told the police that he returned to the store and determined that $1150 dollars was taken.
At my preliminary hearing, Claudio testified that he did know who took the money but imagined that me and my nephew both took it.
At trial, however, Claudio lied and claimed he saw us taking money out a Brandy box. He testified that he did not have any money on his person, except maybe 30 or 40 dollars which he never got. When asked why he didn't tell the police on the day of the incident that he saw money being taken, he claimed the police never asked him whether any money was taken.— At one point he admitted that we immediately ran out the store after we got the gun from him.— Claudio was never unconscious or knocked to the ground.—
EVIDENCE OF INNOCENCE NO. 2
At trial, Detective Louise Johnson lied and claimed that on the day of the incident Claudino Claudio had told him that he did not know "how much" money was taken from him. Detective Johnson's testimony that Claudio told him he did not know how much money was taken is completely false.
In the criminal complaint, Detective Johnson swore before Assistant District Attorney Terry Magowan, that Claudio had told him he didn't know whether any money was taken.My nephew and I were, in fact, originally charged with attempted armed robbery of Claudio. In a letter written to my attorney, AAD Terry Magowan admitted that when he initially reviewed the case he did not know whether any money was taken.Nevertheless, he allowed the police to testify falsely.
EVIDENCE OF INNOCENCE NO. 3
At trial, both Claudio and Detective Johnson lied regarding when and how Claudio allegedly discovered money missing. On November 8, 1995, Claudio told Detective Johnson that he returned to the store on November 3, checked his cash register and determined that $1150 dollars was taken.
At trial, Claudio testified that his son went to the store on October 28, 1995, and determined how much money was 12 taken.— Claudio testified that he was unable to return to the store.
Detective Johnson then lied and claimed that on November 8, 1995, Claudio had told him that he had not gone back to the store to check any cash register receipts, his son had conducted that and that's how he determined how much money was taken.
EVIDENCE OF INNOCENCE No. 4
Oh the day of the alleged robbery, Claudio admitted to Detective Johnson that he pulled his gun because he believed my nephew had grabbed at him.
At our preliminary hearing, Claudio changed his story and alleged that he did not pull his gun until after he was grabbed by my nephew and strucked by me. He, however, admitted on four occasions that he pulled his gun before he was grabbed.
At trial, Claudio claimed that my nephew rushed behind the counter and grabbed him, I then immediately began striking him with bottles, he then pulled his gun and began struggling with my nephew.— Claudio claimed that has he and my nephew were wrestling over the gun, I was demanding money.
When Claudio pulled the gun is important because we did nothing to cause him to pull the gun. We were just bold or stupid enough to go back into the store.
EVIDENCE OF INNOCENCE NO. 5
At trial, Claudio testified that he received numerous lacerations to his head which required 210 stitches. The medical records, however, shows that Claudio received 150 stitches.
Regardless of whether Claudio received 150 stitches or 210 stitches, he is an elderly man and I did seriously injure him and I regret that. But I did not intend to attack him. When he pulled a gun on us, my only thoughts were to get the gun from him. When my nephew grabbed his arm, I hit him with several bottles to get the gun. He fought with us the entire time and when we did get the gun, we ran out the store. We did not strike him after we got the gun from him.
The fact that he's lying about his injuries shows that he has no regard for the truth. We did not take any money. We are sentenced to 38 years in prison for something we did not do and that is wrong. The Assistant District Attorney and the Judge are allowing the man's lies to go uncorrected and that is wrong. It, in fact, is a crime to testify falsely under oath.
WHAT YOU CAN DO
Due to FFUP lack of resources and shortage of volunteers, we are putting here a listing of documents we have. If you are interested in more information or would like tohelp. please email us and we will email the documents to you or contact Cory Gilbert directly. We will slowly be getting the documents on tthe post and will gradually make a whole blog for Cory.
The transcripts can be reviewed at the Milwaukee County Courthouse in case number: State of Wisconsin v. Jonothan Gils and Cory Gilmore #F-954770. The documents can be reviewed by using the below reference.
The police reports can be reviewed at the Milwaukee County police department by reference to the case and page number.
Transcripts Feb. 7 1996 pages 153, 154, 181
Police Report page 6-7
Preliminary hear Transcript Nov. 17, 1996 page 8-9
Transcript Feb. 7 1996 pages 144-145, 210-211
Transcript Feb. 7 1996 pages 184-185
Transcript Feb. 7 1996 pages 193
Transcript Feb. 7 1996 pages 143
Transcript Feb. 8 1996 pages 114-115
Letter dated November 21, 1995 from District Attorney
Police Report page 84
Transcript Feb. 7 1996 paqe 186
Preliminary hearing Transcript Nov. 17 1996 page 6/ 13 Preliminary hearing Transcript Nov. 07 1996 page 5-6; 13
Transcript Feb 7 1996 page 137-139, 175-178
Transcript Feb 7 1996 page 148
Medical Record of Claudino Claudio