AN UNPARALLELED WRONGFUL CONVICTION CASE
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Gregory T.
Miller #051300
Oshkosh
Correctional Institution P.O. Box 3310
Oshkosh, WI
54903-3310
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My name is Gregory T. Miller, an on October 31, 1994, I was
arrested and then charged with 1st Degree Intentional Homicide-Part To A Crime.
It was alleged that sometime between the 4th and 5th of October 1994, that I
assaulted a man using martial arts, with a side-kick to the side of the
victim's head to be the fatal blow, causing internal bleeding and swelling of
the brain, and his death a week later. The reason stated for the alleged
assault was due to being jealous over the victim seeing my estranged wife of
4-years. Following is a synopsis of the events the occurred and the unethical
tactics used by Officials to secure a conviction, and get a new crime law enacted.
A crime that I did not commit, or a crime that ever-even occurred.
Early 1987: I was called into my attorney's office who also
had been a former Head Prosecutor for Ozaukee County, Wisconsin, where I was a
resident at the time. He stated that he heard I was moving to Fond du Lac,
Wisconsin, and then coming straight out giving me stern advice not to move
there. He stated that as a District Attorney he and others found out Fond du
Lac County operated on a one-sided justice system, that worked only for them
and using the law to their advantage. I did not listen.I moved and walked right
into a living ongoing nightmare of the worst kind.
October 1, 1994: I confront a tenant in the building where I
lived. I suspected him of entering into mine and others residences when we were
gone. That morning, the tenant's recent ex-girlfriend stopped to inform me of
just what I had suspected. She said that days before the breakup, her just
cashed paycheck from work and wallet disappeared right after he left her house.
She said knew of his illegal activities where I was living, so I waited for him
to return from work, and then informed him of what I suspected and was just
told. He denied doing anything wrong. I told him if his actions continued I'd
inform the landlord, police and his parents. I knew he had stole from them, and
was to inherit his parents business right after their retirement in 1995. After
the confrontation he would not speak to me until around the 10th of October.
October 2-7, 1994: On the 2nd the victim stopped by me and
asked me to go shopping with him. After he bought what he needed we went to his
apartment for a few drinks. I told him I wasn't feeling very well, and would
only stay for a little while due to the severe bronchitis I had. I wound up
falling asleep and when I awoke a mutual friend was there sitting on his
sofa. He told me the victim went to bed, so I said I'd see him later and left for
my residence.
The victim made a strange remark shortly after we had got to his place. He said he went downstairs the day before to see this woman he liked, and was not going to see her anymore, due to the fact that two men he didn't know had roughed him up. He said he didn't want to talk about it anymore so I let the subject drop, especially since his physical appearance was fine. It was odd that shortly I would come in contact with two men while in jail who were way too interested and concern about what was going on in my case. I later found out they both had been looked at due to reports of them strong-arming residents of apartment buildings, but never were fully investigated. I also learned later that while I was asleep and the mutual friend was on the sofa, that he eye-witnessed the victim drinking heavily, falling out of a kitchen chair onto a hard marble-cement floor. Then later witnessed the victim come out of his bathroom and turn his body to the right to enter his bedroom, and at the same time turned his head to the left to look at the friend on the sofa, and then lost his balance falling sideways, striking the marble-cement floor very hard with the right side of his body and head. The witness stated that when he hit the floor it was with a very loud bang, then laid there for a bit and finally crawled to his bed.
After work the next night, my-self and a co-worker stopped by the victims apartment. We stayed for a few beers then left for my apartment. Myself and my co-worker were in and out of his apartment over the next few days, while the victim had other friends also stopping over to see him. While we were there no one ever assaulted the victim, though on the 5th he mentioned he had been rolled, and when asked about it, he just said he thought he was missing money. He had bought beer and vodka and other things and figured he just forgot how much he had spent. My bronchitis was getting worse so I stayed home on the weekend, the 1 5th being the last day I saw the victim in which he appeared just fine.
The victim made a strange remark shortly after we had got to his place. He said he went downstairs the day before to see this woman he liked, and was not going to see her anymore, due to the fact that two men he didn't know had roughed him up. He said he didn't want to talk about it anymore so I let the subject drop, especially since his physical appearance was fine. It was odd that shortly I would come in contact with two men while in jail who were way too interested and concern about what was going on in my case. I later found out they both had been looked at due to reports of them strong-arming residents of apartment buildings, but never were fully investigated. I also learned later that while I was asleep and the mutual friend was on the sofa, that he eye-witnessed the victim drinking heavily, falling out of a kitchen chair onto a hard marble-cement floor. Then later witnessed the victim come out of his bathroom and turn his body to the right to enter his bedroom, and at the same time turned his head to the left to look at the friend on the sofa, and then lost his balance falling sideways, striking the marble-cement floor very hard with the right side of his body and head. The witness stated that when he hit the floor it was with a very loud bang, then laid there for a bit and finally crawled to his bed.
After work the next night, my-self and a co-worker stopped by the victims apartment. We stayed for a few beers then left for my apartment. Myself and my co-worker were in and out of his apartment over the next few days, while the victim had other friends also stopping over to see him. While we were there no one ever assaulted the victim, though on the 5th he mentioned he had been rolled, and when asked about it, he just said he thought he was missing money. He had bought beer and vodka and other things and figured he just forgot how much he had spent. My bronchitis was getting worse so I stayed home on the weekend, the 1 5th being the last day I saw the victim in which he appeared just fine.
October 9-10, 1994: I learned that a long time friend of the
victim stopped over and saw that the victim was having convulsions, so he
called 911. The victim was rushed to the hospital where he died the next day
from a head injury. The autopsy then revealed a hair-line fracture on the right
side of his skull with internal bleeding and brain swelling. They figured this
had been going on for a week. Right after the victim died, the tenant I was
having problems with starts talking to me. He found out about the victim's
death because he was a part-time Para-Medic. I had found out from the person
who called 911.
The tenant was aware that I knew the victim and that the victim also knew my estranged wife. The tenant, acting like nothing happened between us, and was showing real concern and' interest in what brought about the death of the victim. (unknown to me at the time was that this tenant had started keeping track of who I was with daily, on an October calendar starting on the 5th,5 days before anyone knew anything about the victim). I told him right out that I had no idea what happened to the victim, and that nothing happened while I was with him. From the 10th on to the 28th I was questioned daily, and that his constant badgering and questioning would soon turn into a homicide investigation. Every day he asked questions, and every day I told him told him the truth. I didn't know what happened to the victim.
The tenant was aware that I knew the victim and that the victim also knew my estranged wife. The tenant, acting like nothing happened between us, and was showing real concern and' interest in what brought about the death of the victim. (unknown to me at the time was that this tenant had started keeping track of who I was with daily, on an October calendar starting on the 5th,5 days before anyone knew anything about the victim). I told him right out that I had no idea what happened to the victim, and that nothing happened while I was with him. From the 10th on to the 28th I was questioned daily, and that his constant badgering and questioning would soon turn into a homicide investigation. Every day he asked questions, and every day I told him told him the truth. I didn't know what happened to the victim.
October 25-26, 1994: After a weeks of his daily questions,
he formulates a story for the police. A couple times during the past weeks
myself and my co-worker were questioned by the police and our statements were
about the same. Neither of us did anything to the victim and we had no idea as
to what happened to him. The tenant went to the police, talking to a Detective,and
states that I had confessed to him, that I beat the victim using karate. The
tenant had seen my framed karate demonstration photo on my wall, where I jumped
up in the air and delivered a flying roundhouse kick to the side of another
students head; the tenant knew the victim had a head injury to the side of his
head; my estranged wife was friends with the victim. The thinking among some
was he got the main idea from the O.J. Simpson case which was in the news at
the time. His theory was I became jealous over the victim seeing my estranged
wife and went and assaulted him with martial arts. The Detective asks the
tenant if he would help in the investigation by tape recording my stating this.
The Detective then gives the tenant police audio and video recording equipment.
No authorization was ever sought or obtained for a citizen to be a police agent
or operative, working for the police using police equipment.
October 28-31, 1994: The tenant sets up the recording
equipment in his residence, then comes over by me, sees I have some friends
over, and says he needs to talk to me right away to get some facts straight in
the event the Detective ever questions him to what he knows about me and the
victim. By then I was extremely sick and tired of his daily badgering, so I
went over to his place with him, and right away he starts with how he wants to
help me but needs to know the truth. He then brings up his theory and pressing
me to agree with him on what he thinks happened. He was really irritating me by
then so I just repeated-agreeing with him in a mocking tone thinking he would
shut up and leave me alone. I didn't realize at the time that he was coercing me
into a false confession that would turn my life upside down. At trial he
testified to pressuring me and would lead to get me to talk. After he had what
he wanted he backed off, and I then left going back to my place.
At trial it was shown that after I left he was doing bows in front of the camera. He then took the tapes and equipment back to the Detective, and they both go over the audio tape, both of. then filling in the inaudible parts to what they thought was being said. There were many inaudible parts, and tape was even sent out to be enhanced. The day after the recordings were obtained, the Detective calls the City Coroner to see if the Milwaukee Medical Examiner has made a ruling on the cause of death. She states no, so the Detective informs her of the new evidence. She then says she will call the Medical Examiner and inform him of the new evidence. She calls the Detective back later stating the Medical Examiner after hearing of the new evidence ruled the cause of death was blunt force trauma from 'a physical assault - coinciding with the contents of the tape recording - my false confession.
On the 31st, the District Attorney, City Coroner, Detective and Medical Examiner all meet, and then I am arrested and charged with 1st Degree Intentional Homicide - Party To A Crime. Shortly after my arrest, my co-worker, now co-defendant went to the police and stated he wasn't totally truthful when he and I gave our original statements. He changed his statement to that he witnessed me assault the victim using a karate sidekick on the victim while he was sitting on his sofa facing me, and that I was standing in front of the victim when I did this, striking him in head.
At trial it was shown that after I left he was doing bows in front of the camera. He then took the tapes and equipment back to the Detective, and they both go over the audio tape, both of. then filling in the inaudible parts to what they thought was being said. There were many inaudible parts, and tape was even sent out to be enhanced. The day after the recordings were obtained, the Detective calls the City Coroner to see if the Milwaukee Medical Examiner has made a ruling on the cause of death. She states no, so the Detective informs her of the new evidence. She then says she will call the Medical Examiner and inform him of the new evidence. She calls the Detective back later stating the Medical Examiner after hearing of the new evidence ruled the cause of death was blunt force trauma from 'a physical assault - coinciding with the contents of the tape recording - my false confession.
On the 31st, the District Attorney, City Coroner, Detective and Medical Examiner all meet, and then I am arrested and charged with 1st Degree Intentional Homicide - Party To A Crime. Shortly after my arrest, my co-worker, now co-defendant went to the police and stated he wasn't totally truthful when he and I gave our original statements. He changed his statement to that he witnessed me assault the victim using a karate sidekick on the victim while he was sitting on his sofa facing me, and that I was standing in front of the victim when I did this, striking him in head.
November-December, 1994: I go to Court and plead not guilty.
I am then assigned a Court-Appointed Defense Attorney, from Oshkosh, Wisconsin.
I tell his right away that I want a speedy trial and that there is no evidence
to prove that I am guilty. He says no, that it's a homicide case and he needs
time to prepare a defense case. I insist I am innocent and want a speedy trial
as there is no evidence proving I am guilty. He still says no.
The Judge asks twice in December if there was a request for a speedy trial, and my defense attorney states no twice. A 5-day trial is then set for April 10, 1995. While in jail another inmate shows way too much interest my case. He was on revocation for violating parole, and originally charged with robbery. He wanted to know what was going on in my case, any new leads, evidence, who came to see me, what happened at my attorney meetings and court hearings, did they suspect anyone else. After I was moved to another cell block I wind up with his co-defendant, a family member and also shows way too much interest in my case, with his questions. I later find out that they were suspected of rolling residents of the building where the victim lived, and were looked at but never thoroughly investigated. It made me wonder if these were the two the victim was talking about when he said he was roughed up downstairs. When I got to prison, there was the 1st one, and asking questions again for a short time until he moved on.
The Judge asks twice in December if there was a request for a speedy trial, and my defense attorney states no twice. A 5-day trial is then set for April 10, 1995. While in jail another inmate shows way too much interest my case. He was on revocation for violating parole, and originally charged with robbery. He wanted to know what was going on in my case, any new leads, evidence, who came to see me, what happened at my attorney meetings and court hearings, did they suspect anyone else. After I was moved to another cell block I wind up with his co-defendant, a family member and also shows way too much interest in my case, with his questions. I later find out that they were suspected of rolling residents of the building where the victim lived, and were looked at but never thoroughly investigated. It made me wonder if these were the two the victim was talking about when he said he was roughed up downstairs. When I got to prison, there was the 1st one, and asking questions again for a short time until he moved on.
January-March, 1995: A few moths pass, and in that time I go
to court twice to get the District Attorney to hand over the Discovery. He was
holding on to it way too long and my attorney needed to see what they all had.
It was after it was finally handed over that I learn of the tape recordings. I
am called again into court, this time because my attorney just found a Medical
Examiner for my defense. He's out of Chicago, Illinois. My attorney states he
couldn't find one in this state to take my case. (according to a letter I received
years later, there were a number of Medical Examiners available that year, as
stated by the'MedicaJ. Examiners Office of Wisconsin). My attorney asks the
court to adjourn the upcoming April trial so this Medical examiner could get
his Medical findings together, and that he did not agree on the cause of death
from what he already had. My attorney also then withdrew his Motions to
Suppress Statements and Evidence, saying he needed to do it to help use them
toprove my innocence. I told him it appeared to me that they would help to
convict. l new trial date was set for 5-days on July10, 1995.
May 22-23, 1995: Fond du Lac Newspaper, The Reporter
article: "PROPOSED LAW WOULD ALLOW SECRETLY TAPED TALKS USED AS
EVIDENCE." A Fond du Lac State Representative, John Dobyns drafts a new
state crime bill to allow homicide tape recordings in court. A current
Wisconsin Supreme Court Law ruling disbarred tape recordings in homicide
trials. A day or two after the article. came out, my attorney came to see me
stating the District Attorney had a plea deal for me. Plead guilty and he go
for 40 years, 1st Degree Reckless Homicide. I said no. I am not guilty. My
attorney said then the District Attorney would ask for an adjournment of the
July trial. I inform my attorney that I saw the article in the paper and that
the tapes were illegal to use. He states that they are and that the reporters
don't have the right information, and that he's a lawyer and knows the law. He
would not look at me and then said to save any questions for next time, and was
late for an appointment and left me right away, knowing he lied. Right after
this came out, a family member stated that some Milwaukee attorneys called and
asked how Fond du Lac was getting away with what they were doing.
June 2, 1995: I go to court and District Attorney informs
the court he needs to adjourn the upcoming July trial because of, more medical
testimony, more witnesses, would now need 10-days for trial, and that his
upcoming vacation would interfere with the trial. I knew right away that he was
stalling and that there were no more witnesses or medical testimony, and that
he knew something was going to happen with the drafted tapes bill. I filed a
complaint after this that my attorney was ineffective, and felt he was aiding the
prosecution. I was informed that it was too late in the case to get a new
attorney and that the one I had was a competent homicide attorney, and I should
also stop trying to be my own lawyer.
August 14, 1995: Fond du Lac newspaper - The Reporter
states:..- "NEW STATE LAW AUTHORIZED BY DOBYNS, ALLOWS ELECTRONIC EVIDENCE
TO BE USED IN FELONY CASES." Governor Tommy Thompson signed the bill into
law and the taped confession will be admitted as evidence in court. (alleged
crime committed in October 1994, new law enacted on August19, 1995, and
effective date was August 24, 1995, and nothing stated about it being made
retroactive). I hear froirnother inmates in the jail that the jailers are
saying that I am being railroaded.
September 1995: My attorney comes to see me about another
plea bargain from the District Attorney, saying he'll go for 20-years if I
plead guilty. My attorney says I should take it, and I tell him no, I am taking
the stand and I'm going to tell why I am on the tape recording and the whole story
behind it. My attorney tries to talk me out of it which last for about an hour.
I was wondering why they kept coming with plea deals if their case was solid. A
couple of the jailers heard about what my attorney said,, and came and told me
they thought that I should testify. My attorney stated that if I'd testify the
District Attorney would give me a hard time and I'd wind up making things worse
for myself.
TRIAL WEEK:
October 9-13, 1995: My co-defendant took the stand and
recanted what he told the police after I was arrested, and ran to them changing
his story. His trial testimony mirrored that of his original statement that
neither he or I assaulted the victim, stating he never did witness me kick or
punch the victim.
* The tenant who did the tape recording stated that after I had
confessed to him, he figured it was his job as a good citizen to inform the
police. This witness was a hard-core alcoholic with numerous hit and run auto
accidents. He stated that I had described to him how I assaulted the victim.
* A man I knew and had not seen in awhile had stopped by me
two days before my arrest, with loads of questions as to what happened to the
victim. He said I told him how I assaulted the victim using karate, and
flip-flopping on which techniques I had used on the victim.
* Now, all three of the alleged witnesses had different versions
to the so-called assault.
* A husband and wife each took the stand stating I told them
I'd kill anyone who went out with my. wife.Now, all of the witnesses against me, all had something to
gain by testifying against me. Some had legal problems going on with possible
prison sentences. Another avoided being arrested and charged with me. Another
inherited a business without any legal problems stemming from his illegal
activities. This information was found out months to a few years later. But, it
all came back to me.
* My then ex-wife took the stand and stated I told her over the
phone that I killed the man because ,I loved her. Years later I learned from a
family member that she told them she was forced to testify against me or else
Child Protective Services would take our twin son's from her. A month before my
trial, the County conveniently supplied her with a divorce attorney-so she
could testify against me.
* Two eye-witnesses to the victim's falling down when intoxicated
took the stand. One, a friend the victim grew up with described how the victim
would fall down and bang his face up when very intoxicated. He witnessed
numerous times. He also stated the victim would mix heavy medication or other
drugs with his alcohol and get totally wiped-out-and fall down.
* The other eye-witness described in detail how he observed
the victim the night he was at his apartment a week before his death, how he
drank so much vodka that he fell sideways, very hard, onto a marble-dement
floor. The same side as his injury that caused his death.
* The Prosecution's Medical Examiner took the stand right
away stating, that in all his years as a Medical Examiner, he could not recall
a case where an intoxicated person fell sideways. He stated that they fall
forwards and backwards, not sideways.
* I asked my attorney where my Medical Examiner was, and he
said that I did not need him because he was only going to say the same thing as
the Prosecution's Medical Examiner, which was totally contradictory to what he
was saying in March through June.
* I found out later on that the Milwaukee Medical Examiner
had a long standing relationship with Fond du Lac County, and that there were a
number of Medical Examiners in this State that could have taken my case.
* There was no Medical Report in my case from the Medical
Examiner from Chicago, Illinois, on his medical findings on the cause of the
victim's death. I wanted to know what he really found, so I asked my attorney
who hired him for his address.My attorney came up with all different reasons
and excuses for not being able to get it. He eventually sent it two weeks after
the Doctor had died. I had written to his office only to find out he had died.
I then wrote the Chicago Medical Examiners Office for help. They gave me the
address to his spouse. Upon contact with her and stating the need to get a copy
of his findings in my case which could help prove my innocence, she said she
had all his records and would look for mine. After a period of time passed
letters, e-mails and phone calls were made to her. She would not respond. She
had promised to make contact once she found my file.
* The framed martial arts photograph of me giving a
demonstration in a city park, jumping up in the air and delivering a flying
roundhouse kick to the side of another students head was shown to each' juror.
After each one studied it for a few minutes, they would look up at me with a
guilty look. My attorney said not to worry about it.
* I did not have an expert in karate, even though I wanted
one for my defense to demonstrate the described assault by my codefendant to be
impossible to cause stated injury and death. My attorney only looked for one. A
man I trained with who did not want to get involved, even though he stated that
an intoxicated person (me) could not have delivered kicks forcefully or
precisely enough to kill someone. Also, the described kick to the head by
co-defendant was another impossibility.
* Martial Arts weapons, books, training equipment and framed
awards certificates were presented to the jurors.With all the formerly
suppressed (fabricated) statements and illegally obtained evidence allowed in
at the trial, no expert defense witnesses, the jury found me guilty 1st Degree
Reckless Homicide - Party To A Crime. Trial lasted 5-days, not 10-days, and no
extra medical testimony and no extra witnesses.
February 9, 1996: I was sentenced to the maximum of 40 years
in the state prison system, for 1st Degree Reckless Homicide-Party To A Crime.
To this day I regret not taking the witness stand and telling my story of what
all really went on.
I filed for an appeal of my conviction. I was appointed two
State Public Appellate Attorneys who used only a couple of issues which wound
up of being no merit. They also were not based on constitutional violations.
When I appealed in the Federal Court I was also turned down. A 3rd year
criminal law student from U.W. Madison listened to me tell my case one day,
then stated that I would have a real hard time finding anyone to take my case
to prove my innocence, due to the nature of the case.
A law clerk in the prison then helped me put together
another appeal based on 7-constitutional violations, and then I filed again.
The State Appeals Court called in an appeals attorney to file a brief for me on
allowing a 2nd appeal to be filed. The appeals attorney stated I had issues of
merit this time.The Court dismissed my appeal after basing their ruling on
basically what I had appealed on in the 1st appeal, and not even addressing the
constitutional violations. I then filed a habeas petition in the Federal
District Court. The Judge stated I had issues, and right off the bat the State
Attorney General's Office jumped in stating my petition had to be dismissed,
that I had failed to follow a somewhat new rule in which I had to seek
permission from the 7th Circuit Federal Appeals Court in Chicago, Illinois to
file a 2nd habeas petition in the District Court.
My case was dismissed, just when it looked as though the
light was shinning bright to the road to truth and freedom from this wrongful
conviction - it was turned off' This wrongful
conviction is nothing but - A MAJOR GROSS INJUSTICE and an INHUMANE
CRIME!
INNOCENT & WRONGLY CONVICTED,
Gregory T.
Miller #051300
Oshkosh
Correctional Institution P.O. Box 3310
Oshkosh, WI
54903-3310
click below for rest of story
A summation of the case, easy to download:
https://ffupstuff.files.wordpress.com/2018/03/gregory-miller-story-summed.pdf
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