looking for justice

Jimmie Johnson

2011-08-16T08:59:00.000-07:00

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?

2011-08-04T09:14:00.001-07:00

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

2011-06-23T09:18:00.000-07:00

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

2011-06-22T09:52:00.000-07:00

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

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?

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

2010-07-18T20:53:00.000-07:00

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

2010-05-29T05:16:00.001-07:00

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

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

2010-05-24T17:11:00.000-07:00

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

2010-05-24T13:51:00.000-07:00

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

Carl Gilbert

2010-04-25T17:39:00.000-07:00

Carl Gilbert Jr. 97408
WCI
PO Box 351
Waupun, WI 53963

Dear public,
It’s quite often you read , then decide who should, shall and must be dead, or left in prisons or harassed, retaliated and/or punished for crimes or acts they may or may not have done..without really knowing the complete and full facts and the person. Therefore I am taking a chance to expose a couple of things about myself, my crimes, and up bringing…
My name is Carl C Gilbert Jr. I’m a 45 year old African American (Brother!)of dark brown complexion , brown eyes, 5’8” tall, 164 lbs., been confined for an (6/4/1992sexual assault against my step mother (Nina Y Wills-Gilbert)) in which she told a complete lie based off revengeful and retaliatory acts to have me prosecuted and sent to confinement on prison. (18 years)
Summary of facts: At the time I was 28 years old and Nina was 38 years old.. and my dad is 85 years old now. You do the math. I was just released from serving a 6 years prison sentence where I did about 4 ½ years in WI DOC., GBCI (Green Bay correctional Institution) and CCI ( Columbia Correctional Institution) and was released on 11/18/1991, and me and my step mother again started our drug related sexual relationship with me supplying the drugs. My family, sisters and Dad all knew something was going on but never caught me and Nina in any acts. Nevertheless, I told m Dad many times not to marry this dope fiend, alcoholic, whorish wife back in 1988, when I got out of prison that time, and my home boys was having sex with Nina for drugs and drinking money…with me too. He did not want to listen. He thought I was lying or was too much in love.
Didn’t know, well in May 1992,while my step mother was payee for my SSI checks to receive for me, She spent$1,400 dollars of m money without me knowing ,on her drugs, to pay her and my dad’s bills.
At this time I report this to the SSA office and told my dad and sisters, The Family, that Nina’ a dope fiend Bitch whore. She and I been having sex for years and doing strange things for drugs and drinking money. My dad kicked me out of his home and started beating his Wife Nina ass bad.
About 2 weeks later Nina calls my mother’s house (apartment) looking for me. I pick up the phone talking to Nina she wanna get high and have sex with me, we talk, I hang up about 2 times, the third time she tells me to meet her on 6th and Walnut by Hillside in Milwaukee, WI. I do. We get high( I used to shoot up cocaine) and drink a little.. have sex all over the house.
The next thing I know, The Milwaukee County Police Department was awakening me saying to get dressed. I was dizzy and kept falling on the bed. I was being charged with first degree sexual assault, kidnapping and armed robbery.
I still did understand this or what was going on until 2 Days later when I saw my attorney and was awakened with reality. I was drugged and set up.
My mother (Adele) heard somewhat of me and my stepmother (Nina)conversations and she would not get involved with it. My sister and dad knew me and Nina been having and held conversations. Had turned their backs on me and would not be my witness , saying they did not want to get involved.
My mother, (adele) carried me still using drugs and drinking and selling her body. My dad meet my mother buying sex from her. My Dad is and always will be a trick.
I have a nephew/brother I just learned about ten months ago , 2 half brothers and 5 half sisters..
I was born in Chicago, IL; grow up in Chicago Il and Wisconsin( Milwaukee). I travel a lot when not locked up. 5 adult incarceration=and no more.
Back in 1883 and 994 I caught 2 counts of battery by prisoner, and got 4 years CS and 4 years CS(consecutive sentence). With my 12/7/92 (10) Alford plea sentence(consecutive sentence). And total of 18 years sentence term. My max discharge (8/28/2010). I’m fighting a 980 Civil commitment I was unlawfully and unconstitutionally committed to and me and my attorney are appealing it now.
I’m not a rapist or child molester or some sick ass person preying on people. Just the state want people to believe this mess with alleged victim like my step mother only seeking revengeful acts , retaliatory acts and not for just and real justification of flaws..
Holler at me for more about Carl.

Chima Agim, innocent in Texas

2010-04-17T19:12:00.000-07:00

Chima Agim #870112
Clements Unit
9601 Spur 591
Amaillo Tx 79107

Innocent Man seeks probono legal help
Texas DOC #870112
Name: Chima Agim
County, state of conviction: Dallas, Texas
Year of sentence: Feb 5, 1999
Type of charging instrument: indictment, information papers
Type of evidence used in my conviction: No evidence
Lawyer: Public defendant
My plea: Not guilty
Prior convictions: none
Education: college, I was a medical student prior to my arrest
Did the crime take place? No
Who are the grand jury that indicted you? Ghost jury, they never existed, indictment and information papers were all forged by the trial judge and prosecutors

Detailed information in support of my assertion in criminal case
Before my arrest on February 16th, 1998 my girl friend then and sister had threatened to lie on me and have m e locked up if I ever left my girl friend . In that way I wouldn’t get to be with another female. They were also concerned that my acceptance to South Methodist University (S.M.U.)to play soccer under college scholarship will increase my chances of leaving he. So I didn’t want to go to jail or prison on their false accusation I called the Dallas Police department and talked to Officer Allen Eugene Timothy and made report to him. I also asked him if I can leave my girl friend due to I don’t feel comfortable with our relationship and he told me to leave if that ‘s how I feel to avoid going to jail for nothing> and I did just that and left and my girl friend and her sister called the police on me for physically assaulting my 4 month old son and coincidentally officer Allen Eugene Timothy was the officer sent to arrest me and he told me don’t worry about it, contact him as witness through my lawyer. While incarcerated in the county jail for injury to a child . They put another charge on me after prosecutors told them injury to a child wasn’t heinous enough to put me away for a long time since there was no evidence that I actually hit my son. Thereafter I was accused of sexually assaulting my girlfriend and her sisters daughter s on or about December 31st, 1997 . I was never around my girlfriend’s sister’s daughter on that day but was around my girlfriend’s daughter and was not by myself, my girlfriend, my son, my girl friend’s mother were all around the jiffy I was around. However, when evidences showed that it was all lies- the prosecutors changed the date from December 31st,1997 to June through August 1998, and the prosecuting attorneys dropped the charge on my step daughter among others and took me to trial on the sexual assault on my girlfriend’s niece. During my trial a medical doctor testified that the child has never been penetrated before thus contradicted what I was charged with. The police officer in charge of inmate records, Richard Hamb testified that I’ve been in the county since February 16th 1998 for injury to a child and never left the county jail until my trial date 1st through 5th 1999, and that I can’t be in jail and at the same time be in the free world committing a crime. But trial judge, the
systematically selected trial jury and the prosecutors said I can do the impossible and said I’m guilty but never provided evidence to support their findings. Come to find out the entire prosecution were false.

Bryant Johnson

2008-04-09T13:17:00.000-07:00

In Search of Pro Bono Representation
My name is Bryant Johnson I'm a lifer and I am in dire need of representation that is competent, loyal and dedicated in bringing forth the truth. I've been locked down going on 18 years for a crime I had absolutely nothing to do with and my plight to clear myself has lead me down many dark alleys of ignorance due to my lack of knowledge of the Law. And it has become painfully apparent to me that I can not fight against the powerful forces of the state without help from a trained professional attorney.
I would articulate the circumstances surrounding my incarceration to the lawyer / paralegal who decides to assist me in my request. But I will say this I am an innocent man and my innocence has been undermined by over zealous officials whose priorities were a conviction. There was No DNA evidence to even slightly connect me to the crimes for which I was convicted of; it is a known fact that the DNA evidence pointed to someone else, and I am willing to take ANY HIGH TECH TEST they got out there to prove that I speak the truth when I say I AM TRULY AN INNOCENT MAN
In closing I pray that I would get the assistance I am in search offer meaningful assistance is imperative at this critical stage.
Sincerely,
Bryant Johnson #130677
WSPF
Po Box 9900
Boscobel, WI 53805

Railroaded:Aaron Evans had DNA proof of innocence at trial

2007-10-29T04:34:00.000-07:00

Aaron evans, a 45 year old Black man, was convicted of kidnapping and rape in spite of DNA evidence of innocence at trial. It is an incredible story. Mr Evans was illiterate and did not know what was happening when the tests came back saying the man who did the crime was a white male. This information was kept from the jury. We are iin the process of gathering more documents for this post. Please contact Aaron Evans for more information.
Aaron Evans #270154
GBCI
PO Box 10933
Green Bay, Wi 54307

To whom it may concern,

I am writing in regards to my wrongful conviction. I am in need of help and have become quite frantic for help, as I know that I am not guilty of my present incarceration. My D.N.A. evidence and all the circumstances surrounding my entire trial point to a wrongful conviction. I was tried and convicted for 2 counts of 2nd Degree sexual assault, and one count of kidnapping. The sentence that was handed to me was 80 years of incarceration.
Now please allow me this brief moment to give you the events that best describe my claims. The state's D.N.A. test that was done on the victim came back as saying the person that actually did the rape was a white male. This would be of no use if I were white. But I am a Black male 45 years of age. Not only did the D.A.'s test state this, but also the Memorial Blood Center of Minnesota also reads as the person who committed the crime was a white male. After the fact, the D.A. had the D.N.A. samples tested four more times to the same effect.
Although the test results were as such, the state told the jury the test confirmed that I was the person who committed the crime. By the standards of law, this is not legal. I have looked for help and have not found any. Though there is proof of my innocence.
There are many articles and issues regarding D.N.A., some from Keith A Findley of the University of Law School. My case is the perfect blue print for all his and other info regarding D.N.A. and falsely accused men. The facts and evidence are in the D.N.A., and that's the "most vital" information on any sexual offense.
One of the reasons I believed I was railroaded is of my lack of or the fact that I couldn't read or write. So most of the things that were going during my trial I couldn't understand. I had people in the county jail cell block read the discovery and the D.N.A. test results. That's the only way I knew that I was placed in the white population. My lawyer never brought this up at all or thought to mention this to me. For that reason I feel that the state, judge, and my lawyer were all railroading me.
I am writing in search of people to bring the truth out about my case. I never thought in a million years that the legal system was falsely convicting non-guilty people. When I heard people on television saying they weren't guilty, I thought the opposite. But now it's happened to me.
Maybe what I'm in search of is a person who is willing to do a good deed. Someone who will go out on a limb and take a risk for me. This is one of the last resorts 1 have. I can't think of any more ways to prove my innocence. To spend life in prison is bad, but to be innocent and spend life in prison, That's even worse.
So could it be you the Lord goes through to save me? I will not let you down and I can truthfully say I'm not guilty. Any more knowledge you need about this case, feel free to write and ask. If it costs you anything, I know that I am a hardworking man and will be willing to help you upon my release.
Thank you for your time and trouble.
Truly Yours,
Aaron Evans

To Whom if may concern:
From the very beginnings of these proceedings, 1 have had my doubts. 1 made those doubts very clear with the District Attorney, the employees that talked with myself and my daughter in the sensitive crimes unit, and also the detective handling the case, Mary Hoerig.
The DA painted a very positive picture, he led us to believe that all the tests were near perfect, no problem, definitely Aaron Evans. So we took his word for it. But, now after he has already been convicted 1 learn that there were discrepancies in the tests, that some tests came back inconclusive and that the first test that was done on the fetal tissue had Aaron Evans listed as male Caucasian. I remember the adjournment that the DA asked for because some reports needed to be fixed, he led us to believe it was not a big deal. But, Aaron Evans is definitely not a male Caucasian.
There was also some evidence that was brought to my attention after the trial, that I, after being reminded of the events that had occurred the week previous to the assault. 1 now remember that we did use a condom the evening of July 18th, 1997 because 1 had made Aaron Evans a doctor appointment to be treated on July 16th, 1997 for what he felt was a venereal disease. It turns out that he was treated and cured in the Milwaukee County Jail, but not until February of 1998because of his fear of relieving himself of the only evidence he might be holding to exonerate himself. Anna was treated for all diseases at Sanai Samaratan Hospital. However where are the cultures that were taken, and did they show that Anna had contracted a venereal disease from Aaron "Evans ?
My biggest question lies in Aaron's Attorney, knowing now that he had the proof to remind me of the night of July 18J. 1997. Why didn't he question me regarding this, or because he subpoenaed me. Why didn't he pull me aside the day of the trial to refresh my memory. I called his office numerous times to try to discuss with him why he had subpoenaed me. and to discuss whatever he intended to ask, in order to be prepared for trial. He never called me back. Also why didn't Valencia Graf testify? She was at the Courthouse, my child and I witnessed her in the hall to the courtroom on Thursday January 21st, 1999, but she was supposedly not available to testify.
After the trial was over talked with Jane Munson, from the sensitive crimes Unit, and discussing why the Jury picked those three charges. She told me and my friend Maritza Cortez, that the Jury had some problems because one of the jurors saw the same scenario or a soap opera and therefore felt that Aaron's story , however crazy it may have seemed, held some merit. And my testimony would have had a great bearing on that outcome.
Due to all the inconsistencies, I no longer feel mat the strong charges are valid or believable.
If you have any question or comments please feel free to contact me at (414)423-0100 ext.-5829 or at home at (414)444-6332. Thank you for your consideration of this matter.
Also, Attorney Backes, Aaron still has not received copies of the transcript, and the papers in order to file an appeal.

Sincerely,

Peggy A Liebing
signed 2 16 99

Stamped by notary republic, Maritza Cortez

Douglas Horn

2007-04-07T20:42:00.000-07:00

Douglas Horn; Arizona State Prison complex- Lewis; Rast Unit HU2-ALL, PO Box 3600; Buckeye, AZ 85326

I have been down since 1994. I get put in 2016. My charge was child molester, now i know just the name child molester and anyone is automatically guilty. Now-a- days any kids mad at adults for other reasons - all they have to do is make up a story of child molester. I pled guilty on "plea bargain" elligible for parole in ½ sentence served. A "plea bargain" is a promise. I knew nothing about the law at the time. At the time I had a mental illness of depression-drugged-up -entoxication of prozac high doses for 10 years before my trial. I was not competent to stand trial, "hearing voices". I could not confront the lies of my accusers, would not defend myself or pick a jury.
The public defender told me to plead guilty on plea bargain for less time so I did whatever he told me to do. The promise in the plea bargain was breached and I got 22 years for a crime I never did. I was supposed to be eligible for parole last year.
All my serious injuries and disabilities were caused by AZ prison medical. I am totally disabled , degenerating knee bone disease, spinal column bone injury, seriously injured right hand, only one eye- the other with black eye patch after doctor horrible mutilated eye with evil motive and intent to hurt me by two major eye operations. I am confined to a wheel chair.
I found out when I get out of prison social security won't give me ANYTHING at age 67 and disabled can't work- totally disabled" I have life time probation.
So what's left for me waiting for me when I get out will be bias, prejudice because of my alleged sex offense. I look at it as I must steal or kill to survive when I get out. Except I am very honest so only thing left is suicide! I do not look forward to . This is my sad story due to corrupt courts, corrupt judges and society on police state of Arizona. Don't come to Arizona.

Note: This man needs letters, support. Please write him a friendly note. FFUP is available fto support you and to aid in any way. FFUP email: swansol@mwt.net.

Reginald Clytus

2007-04-06T12:58:00.000-07:00

Reginald Clytus #485952
GBCI; PO Box 19033
Green Bay. Wi 54307

My name is Reginald but everybody calls me Reggie. I'm 23 years old. I'm Milwaukee, Wisconsin born and raised in the North Lawn housing projects in the north side I'm the youngest of three boys. I'm from a single home,parent raised by my mother in a two bedroom unit. My mother tried her best to keep me and my brother out of the street life. But as it is well known, fast money, cars, and girls is always going to look better that the hard work. My mother was determined not to lets us fall through the cracks and become victims of the streets or "another number in the system " To make a long story short, both my older brothers have graduated high school, one is in college now and the other is managing a small business. As for me, I was a friend with the wrong people. My name come up in some investigation in some gang stuff and as a result of that I got locked up my senior year of high school with 7 months left till graduation. Kind of funny when you think about it? I been trying to build up my spirits and find my self since the day the handcuffs locked on my wrist. But I can't help but see the lost souls that are around me and the people that just gave up on their life. This is the hell I encounter on a day to day, basics: outside of small food portions, two showers a week, and the heating on here only 6 hours a day on segregation. This isn't for me- this life behind bars, never seeing family, never choosing when I want to eat or what I want to do with my days.
I tried out these so called jailhouse lawyers and was scammed out of my money. Crime doesn't stop when you go to prison. I stay to myself and have been trying to put legal cases and things together ever since and I'm not very good at it. I was forced into signing a statement, my rights were violated and I was railroaded every step of the way. The first so called lawyer never told me when I had a hearing coming up, never talked to my people about where I was at the time of the crime. He advised me not to testify on my behalf at the Miranda good child hearing because it would hurt me at trial. He did everything in his power to destroy me and I paid for him. I got on to what he was doing so I wrote the bar association and fired him. Well, the next lawyer took over my case and said she could get none of those hearings back and we would have to go to trial like that. A month later she came to me with a plea from the DA and said I was getting 10 years in prison and 5 years out. At first I didn't want to take the deal because I know you hear this alot but I didn't do it, I wasn't there. But she said because of the statement I can't get my hearing back I took the so called deal. That was anything but what I received- 25 years in prison and 10 years out under the truth in sentencing law. I didn't know about capped deals , appeals , motions, or anything like that . I don't know the justice system because I don't break the law.. But come on, because of who I know and the side of the town I live on makes me another worthless kid from the ghetto. Not true.

Gable Hall

2007-04-06T11:54:00.000-07:00

Gable Hall #065942;Waupun Correctional Institution; PO Box 351; Waupun, Wi 53963

Gable Hall is asking for donations so he can clear his name. He was convicted of sexual assault and has served 10 years so far. He has evidence showing he was in Milwaukee County Jail at time of the crime, and he cites some 40 other violations done by the justice department in his case. He has a lawyer and needs between 3 and 5 thousand dollars to pay him. He will be filing for damages and will pay back donors (Three times donation) with winnings.(see contract at end)

Contents: 4 documents.
1) "Legal Reality in America"- here Mr Hall outlines the violations that occurred at his trial.
2) Newspaper article on huge lawsuit won in similar lawyer negligence case.
3) New evidence clearly shows that Hall was in Milwaukee County jail at time the crime was committed as well as some 40 other trial violations.
4) Plea for funds

1)LEGAL REALITY
IN FREE AMERICA
IF MR.HICKS RECEIVED $2MILLION FOR THE ONE SINGLE ISSUE, POSSIBLE INEFFECTIVE TRIAL COUNSEL, THEN BY LAW HALL IS GUARANTEED $50 MILLION OR MORE FOR SEVERAL FACTUAL ISSUES SUCH AS:( see newspaper article in next post)
(1). INEFFECTIVE OF TRIAL COUNSEL:
(2). POLICE MISCONDUCT:
(3). OBSTRUCTION OF JUSTICE:
(4). OVER (49) INCONSISTENCIES THROUGHOUT TRIAL TRANSCRIPTS:
(5). PERJURY ON PART OF SEVERAL STATE WITNESSES:
(6). THE STATE LEADING VICTIM TESTIMONY UNDER OATH:
(7). THE STATE COERCED ALLEGED VICTIM TO RECANT HALL WAS INNOCENT, TO HALL ALLEGEDLY GUILTY. YET UNDER CROSS EXAMINE ALLEGED VICTIM ONCE AGAIN RECANT BACK TO HALL WAS INNOCENT:
(8). TRIAL COUNSEL FAILED TO QUESTION ALLEGED VICTIM UNDER OATH REGARDING NUMEROUS CONTRADICTIONS SHE STATED BEFORE TRIAL, IN REGARDS TO HALL ALLEGED ACTIONS INSIDE HIS APT. UPON AN NON-EXISTING COUCH THREE DAYS AFTER OCT-26th 1995,EVEN THOUGH HALL WAS ALREADY WRONGFULLY CONFINED SINCE OCT-27th 1995:
(9)TRIAL COUNSEL FAILED TO SEEK CRUCIAL (DNA) TEST THAT WOULD HAVE EASILY EXONERATED HALL FROM THE ALLEGED CRIME:
(10)TRIAL COUNSEL FAILED TO PRESENT CRUCIAL EVIDENCE SHOWING HALL ON JOB (JOB SECURITY CAMERA) AT THE TIME THE ALLEGED CRIME ALLEGEDLY OCCURRED INSIDE HALLS APT. THREE DAYS AFTER OCT-26t-h 1995 THREE WEEKS AFTER ALLEGED VICTIM LEFT THE GROUP HOME OCT-7th 1995:
(11). TRIAL COUNSEL FAILED TO OBJECT TO TRIAL JUDGE AND THE STATE PROSECUTOR ENTERING JURY ROOM DURING SECOND DAY OF JURY DELIBERATION:
(12). TRIAL COUNSEL FAILED TO PURSUE TEN WITNESS WHO WOULD HAVE BOLSTERED HALLS CREDIBILITY, WHEN THE ENTIRE TRIAL WAS BASED SOLELY ON CREDIBILITY ALONE

A similar case as this is what Clark is hoping for
2)Attorney Must Pay Man 2.6 million
Associated Press
(State V Hicks, WIS 536 N W. 2nd 487 (WIS APP 1995)
Madison-- A jury has found attorney of a.man wrongly convicted of. rape should pay his client more than $2.6 million, because the lawyer did not seek crucial DNA tests .that might have exonerated the client.'
The "decision. Thursday against attorney Willie Nunnery came in the case of Anthony Hicks, who spent 41/2 years in prison. Hicks claimed that during his 1991 trial, Nunnery neglected to seek DNA. tests on hair-root tissue, samples that might .have proved he did not commit the rape.
The lawsuit, heard before Dane County Circuit Judge Steven Ebert also alleged that Nunnery failed before the trial to pursue a witness who would have bolstered Hicks' alibi. The jury decided that Nunnery was negligent on both counts and that Hicks might, have been found not guilty had Nunnery taken those steps. They awarded Hicks $2,606,950. Hicks' attorney, Jeff Scott Olson, had asked the jury for $2.5 million for lost wages and the pain and humiliation that Hicks suffered from the conviction.
"It's closure for myself and my family," Hicks : said moments after the verdict. "It's now time to move forward." Nunnery and his lawyer, Robert Hase, left the courtroom after the verdict without comment.
Hicks was convicted of sexually assaulting a woman in her Madison apartment on Nov. 15, 1990, and was sentenced to 19 years in prison. DNA evidence, taken from root tissue of hairs found at the crime scene eventually won him freedom. .
Hase told the jury that Nunnery should not have been expected to know about the procedure to analyze DNA. taken from root tissue. Haze also questioned whether the DNA evidence would have been strong enough to put reasonable doubt into the minds of jurors at Hicks' trial.

3)NEWLY DISCOVERED EXCULPATORY EVIDENCE
NEWLY DISCOVERED AND PREVIOUS EVIDENCE INDICATED ON TRIAL TRAN-94,37,35,90, suggesting that- the states case presented at trial, accused HALL of committing the alleged crime while HALL was already confined in the Milwaukee county jail since oct-27th 1995,an inconceivable act.
Thus newly discovered exculpatory evidence demonstrate a reasonable probability that submission of the new exculpatory evidence at a new trial would secure a different result as required by, STATE V.DENNY,120 wis 2d 614 357 n.w. 2d 12 (ct app.1984).
BEST EVIDENCE shows the alleged victim first met HALL oct-lOth and not oct -255th, as alleged victim was coerced by the state to say. And that she allegedly moved into HALLS apt. on that same day oct-26th, which alleqedly took place THREE WEEKS after leaving group-home oct-7th 1995, as alleged victim was coerced by the state to say.
And that she allegedly resided inside HALLS apt.21/2 weeks in which the alleged assault allegedly occurred (THREE days) after allegedly moving into HALLS apt. oct-26th,as alleged victim was coerced by the state to sav. The newly discovered exculpatory evidence on trial transcript-94 , 37 , 35 , 90 , verify that, the states case presented at trial was LUDICROUS and made no common sense. And the fact that if HALL had a competent lawyer he would have had a reasonable chance, thus it need not be a 50-percent or greater chance.( MILLER V. ANDERSON, 255 f3d 455. 459 74th cir 2001) of being acquitted, given that guilt MUST be proved beyond a reasonable doubt.
With that said, there are three legal options HALL is rightfully entitled under the CONSTITUTION OF THE UNITED STATES DUE PROCESS LAW. (1)Either HALL is acquitted at retrial, thus would no doubt be a waste of tax payers hard earned dollars.
(2) Or HALL is simply PARDONED by the governor based on COMMON SENSE and EXCULPATORY EVIDENCE proving HALL was wronglv convicted due to false testimony under oath by several states witnesses.
(3)Or HALL is simply cleared after the state takes moral steps and admits their MISTAKE dismissing all charges against (HALL):
JUSTICE DELAYED IS JUSTICE DENIED. SO LET ME REMIND YOU OF THE DANGER INHERENT WHEN STATE OFFICIALS DECIDE TO PURSUE THEIR OWN POLICY PREFERENCE, RATHER THEN-BE GOVERNED BY THE RULE OF LAW

4) U.S. CONSTITUTIONAL
CALL FOR JUSTICE For Hall
-ENOUGH IS ENOUGH-
GABLE HALL, HAS OBTAIN A BRAVE ATTORNEY WHO'S NOT AFRAID TO GO UP AGAINST THE CORRUPT STATE OFFICIALS WHO KNOWINGLY USED FALSE TESTIMONY DURING TRIAL TO CONVICT HALL MORE THAN TEN-YEARS AGO, IN WHICH HALL IS STILL WRONGFULLY CONFINED TILL THIS DAY.
ANY AMOUNT OF DONATIONS IS NEEDED IN ORDER FOR HALL'S ATTY TO CONDUCT SWIFT CONSTITUTIONAL JUSTICE IN THIS CLEARLY UNJUST MATTER AT HAND.FOR EXAMPLE: AT TRIAL THE STATE ACCUSED HALL OF COMMITTING AN ALLEGED CRIME OCT-30,1995 WHILE HALL WAS ALREADY WRONGFULLY CONFINED IN THE MILWAUKEE COUNTY JAIL SINCE
OCT-27,1995. THIS WAS VERIFIED ON TRIAL TRANS-94,90,37,35.
ADD THAT RIDICULOUS ALLEGATION WITH THE OTHER #49 INCONSISTENCIES
THROUGHOUT HALLS TRIAL TRANSCRIPTS, AND YOU'LL GET #100% PROVEN
INNOCENT.
A SIMPLE $3,000 to $5,000 ATTY FEE IS ALL THAT NOW STAND BETWEEN
FREEDOM AND JUSTICE FOR HALL.
THEREFORE, WHATEVER GENEROUS DONATIONS YOU CAN CONTRIBUTE TO THIS U.S. CONSTITUTIONAL ,CALL FOR JUSTICE FOR HALL, YOU WILL BE REFUNDED THREE-TIMES THE DONATED AMOUNT ONCE MULTI-MILLION DOLLAR SETTLEMENT IS ACHIEVED GUARANTEED IN THE
INTEREST OF JUSTICE:

DONATIONS FOR LEGAL FEE SEND TO:
ATTY JOE CINCOTTA
2725 N. STOWELL
MILWAUKEE, WI 53211
DONATIONS FOR HALL'S PERSONAL NEEDS UNTIL RELEASED SEND TO:
WAUPUN CORR. INST.
C/0 GABLE HALL #065942
PO BOX 351
WAUPUN, WI 53963-0351
REFUND PLAN: (Three times donation)$10 REFUND $30 etc. $100 REFUND $300 etc. $5,000 REFUND $15,000 etc.
NOTE: ONCE AGAIN, HALLS WORD LEGALLY BIND HIM AND HIS ATTY TO THIS CONTRACT. ANY DONATIONS YOU MAY CONTRIBUTE LARGE OR SMALL WILL BE REFUNDED THREE-TIMES THE DONATED AMOUNT. IN ORDER TO BE REFUNDED ONCE SETTLEMENT IS ACHIEVED, HALL MUST RECEIVE PROOF OF EACH DONATION YOU CONTRIBUTE FOR HIS RECORDS. "THANK-YOU"!

We willl be collecting and putting documents on this site. For now, contact Gable Hall or FFUP fpr more information and/or verification. Forum for UInderstanding prisons; 29631 Wild Rose Drive; Blue River, wi 53518; swansol@mwt.net.

Tommy Green

2007-03-18T09:01:00.000-07:00

Mr Tommy Green #312342
Camp C, Tiger 4 Right #12
Louisiana State penitentiary
Angola, Louisiana, 70712

Black Man Attempting to Save a White Woman From Being Raped Resulted in Him Being Charged for the Crime and sentenced to Life Imprisonment

Hi, my name is Tommy Green, I am presently 41 years old, I am 5'9", with brown eyes, black hair, muscular built, and I have a life sentence.

I want to share my story with you, in hopes that it would attract someone who cares enough about justice to help the innocent. However, rather than allege my innocence, I would allow the facts of my case speak for themselves, and let you decide.

Remember, not only has my constitutional and other rights been violated, but in effect, yours have too, because we both share the same system of justice and the next victim of injustice could as well be you, unless, something is done about it.

If you are interested and would like to hear more about my case, then please write me at: Mr. Tommy Green, DOC # 312342; Louisiana State Penitentiary; Angola, Louisiana, 70712.

Myron Edwards

2007-03-18T08:53:00.000-07:00

Myron Edwards#258315
WSPF;PO Box 9900; Boscobel, Wi 53805

" He who knows nothing, loves nothing. He who can do nothing understands nothing. He who understands nothing is worthless. But he who understands also loves, notices, sees.. the more knowledge is inherent in a thing, the greater the love.. Anyone who imagines all fruits ripen at the same time as strawberries knows nothing about grapes. " Paraclesus

Dear Friends and supporters of the struggle against all forms of oppression; HE-IS-LO! My slave name is Myron Edwards. I am a 30 year old African-American, who is a victim of modern day lynch mobs, euphemistically known as the American Judicial System. At the young age of 19 I was kidnapped from my fiancée', one year old son, family, friends, and the world- on some trumped -up charges of several counts of bank robbery while armed, and two counts of first degree murder.
I was arrested in a private residence, without an arrest warrant.. then held captive by F.B.I. agents and police officers, without being allowed a lawyer or phone call- until a confession was forced out of me by my captors! I was then slandered and labeled by the newspaper outlets and tv media ( in a Milwaukee, Wisconsin), everyday, before I ever even seen the inside of a courtroom,, or even before my jurors were eve selected ! I was labeled as "the worst of the worst !" My jurors were selected from middle and upper class suburbs, that consisted of predominantly white Europeans! These same jurors were all married to, friends with and/or related to the F.B.I.agents and police officers that had forged the case against me! I 'm completely innocent. and am only guilty of associating with the actual perpetrators of these crimes. One of the jurors was the sister -in-law of one of the deceased victims in the case, while another juror was best friend of the other deceased victim in the case.
There was n evidence, beside s the forced confession and a snitch, whiooms testimony had been brought by the state! The denials of forced confession does not match the evidence in the case! My trial lawyer was a public defender who never handled such a case before, nor a high profile case. He also refused to present my confirmed alibis to the court and jury.
I been denied my right to raise these issues in an appeal due to my lack of financial resources to hire a real attorney. and /.or an attorney that is not afraid to take such a high profile case of severe magnitude! The public defenders appointed to the case, over the years, flat out tell me that they refuse to raise the issues I have mentioned, because they are convinced that the public would not see me released because of "technicalities" and that the case is too serious for me to be released! My case is also one of racial overtones, despite my former fiancé' being a white European woman,.. as well as the son we share.
I would like to find someone whom is serious and willing to help me gain my freedom back. Any person that feels they have something to share or impart,.. or anybody that would simply like to hear the whole story detail;-please do write. As the great Satchel Paige once remarked: "age is a question of mind over matter. If you don't mind, it don't matter."
My case is a direct example of a true need for a revolution for judicial reform in America. Please contact me at:
Myron Edwards#258315
WSPF;PO Box 9900;
Boscobel, Wi 53805

James Schultz, Innocent

2007-03-17T20:36:00.000-07:00

THE WISCONSIN JUST-US SYSTEM
• Do you believe law enforcement officers will not arrest you unless you are guilty of a crime?
• Do you believe law enforcement officials tell the truth?
• Do you believe the constitution provides for adequate counsel representation should you be accused of a crime?
• Do you believe you will have your "fair" day in court if you are accused of a crime?
• Do you believe public opinion does not influence arrests and convictions of crime?
• Do you believe law enforcement and/or district attorneys don't withhold evidence favorable to the person accused of crime?
• Do you believe you have adequate appeal rights should you be found guilty of a crime you didn't do?
.. .if you answered yes to all of the above, you are disillusioned.
Law enforcement officials don't care if you're guilty. Their only concern is they have a crime to solve. Once a person is convicted, they "clear the books," guilty or not, and they will do whatever it takes to convict someone so the media can inform you the crime is solved.
Most citizens have to rely on court-appointed counsel, should they be arrested, because their financial status won't allow them to retain private counsel. That's akin to sleeping with the enemy because court appointed counsel works for the State.

Courts have stated many times that court appointed counsel's duty is not to prove your innocence; rather, to obtain the "best deal." But your constitutional rights are being protected because you're arrested by the (State) law enforcement officers, prosecuted by the (State) district attorney before a (State) court, with a (State) appointed counsel to represent you. Just because your counsel is dependent upon the State for his or her livelihood - i.e. a license to practice law by the State - is no reason to believe you will not have adequate representation. And if you should get convicted, don't worry, the (State) Public Defender's Office will determine if you have any issues for appeal!!

That's the Wisconsin "Just-Us" system. You are arrested by the State, prosecuted by the State in a State Court and represented by State counsel. Additionally, the sheriff, prosecutor and judge are all concerned with public opinion - after all, they are all elected officials.
For example, say the sheriff arrests someone for a murder. The news media picks up on it and tells you the gruesome details that State officials want you to hear. The district attorney may believe the person is not guilty but now he's concerned with public opinion because you have been convinced of the persons' guilt through the media. The district attorney knows his job is in jeopardy if he doesn't get a conviction, as does the judge and sheriff. Will the district attorney be totally honest? Or does he have incentive to distort the truth? Is the judge totally impartial knowing what you have been told of the case and knowing the actual facts of the case?
Consider the James R. Schultz case ............

WISCONSIN V. JAMES R. SCHULTZ
GREEN COUNTY WISCONSIN CASE NO. 85-CR-234
SHERIFF'S OFFICE CASE NO. C95-4841
I have been attempting to gain access to the Sheriffs Office Files in my criminal case that are being held under the guise of District Attorney Work Product since 1988 to no avail. They show my actual innocence; that the alleged crime for which I was convicted and have been incarcerated for over two decades was the product of police negligence and cover-up.

Shortly after my forced transfer, in the year 2000, to the Prairie Correctional Facility, a private prison located in Appleton, Minnesota, another prisoner suggested I write the attached article for his non-profit organization's newsletter and their website. It was published but immediately after publication it was withdrawn because it prompted enough interest for a prominent Wisconsin legislator to have a private investigator attempt access to the files the Green County District Attorney was withholding.

The legislator was not investigating to determine guilt or innocence, but rather to see if justice was served. The lawmaker determined there was a definite cover-up in the case and believed there to be a definite miscarriage of justice.
The article wasn't withdrawn soon enough as Green County officials became aware of it and intervened. They issued a search warrant from Green County (A southern Wisconsin county) where I was convicted, and carried out the warrant, personally, on the non-profit organization's office located in a northern Wisconsin County (Brown County); they confiscated the organization's computer equipment, disks, paperwork, etc. The Governor of the State of Wisconsin intervened and Green County Officials returned the confiscated materials the next day.

Green County Officials managed to successfully shoot down the website and the newsletter publication. The prisoner affiliated with the non-profit organization was returned to a State of Wisconsin prison and subjected to numerous conduct infractions - written in Wisconsin - for conduct regarding his actions in my criminal case while he was incarcerated at the Prairie Correctional Facility, a private, for-profit prison. He ended up with thousands of days in segregation for alleged misconduct. His attorneys successfully challenged said conduct reports in court and won. All because of my case.

The legislator who hired the investigator supposedly had the investigator turn over his files to the FBI in Alexandria, Virginia, who was going to turn them over to the Wisconsin FBI office for further investigation. However, that was before 9/11 and before the present FBI Director took office so I don't know the status of said investigation. The prisoner wouldn't tell me anything more for fear that I would be subjected to the same retaliation he was and because I do not have attorneys or prominent citizens at my disposal to combat the retaliation.

STATE OF WISCONSIN V. JAMES R. SCHULTZ

Green Co. Case No.:85-CR-234;(C85-4841 - Green Co. Sheriffs File)
Trial Judge:William Johnston
District Attorney: Nicholas Funkhouser
Def. Trial Counsel:Roger Sturdevant (State Public Defender);Gary Watts (State Public Def. Appellate Counsel: Robert Duxstad (Appointed);Daniel Bestul (Appointed)
Published State Cites:State v. Schultz, 148 Wis.2d 370, 435 N.W.2d 335,152 Wis.2d 408, 448 (Both decisions based on untrue facts)

I was arrested, tried and convicted of [intentional homicide] causing the death of my wife, Nancy Schultz, in an entirely circumstantial case. An accident was turned into a crime through the negligence of the first law enforcement officer on the scene and the EMT that intubated my wife. Had it not been for their negligence, there would have been no death.

1 had started a collectable car in our residence's attached garage [in November], to let it warm up because it was not winterized and went in the house. The furnace fan motor was malfunctioning so I turned out the fuse that controlled the house furnace [This fuse also controlled the garage electricity as the property only had a 60 amp, 4 fuse service. Heat wasn't a problem because the house also had a bottle gas space heater.]. I then fell asleep on the living room couch.

I woke up to my wife's car door slamming in the driveway; startled and dazed, 1 met my wife in the, by then, carbon monoxide filled garage. Attempting to leave the environment, we both became paralyzed.

My wife and I both yelled at our five-year-old daughter to not come into the garage; she was calmly watching television when my wife's father, Ole Anderson, arrived and found my wife and I unconscious; the Dane County Sheriffs Department was contacted by him via 911, reporting "two unconscious people in the garage across the street from the residence he was calling from.
Officer Geske was first to arrive at the scene. The only information he had was the "911" report; yet, before he arrived at the scene, he surmised this was a suicide; then a murder-suicide.
Officer Geske arrived at the scene at 21:08; he wasted precious time in a prolonged search, lasting several minutes, for a controller for the electric garage door opener and did not perform CPR on either "victim" because my wife appeared to not have a pulse and I was breathing; finally, he opened the door manually and dragged me out of the garage. After finding me unresponsive to his questions, Officer Geske purviewed the "alleged crime scene." Green County Sheriffs Deputy Pepper arrived; advised Belleville EMS that my wife was not dead.

Another female arrived at the scene [my wife's sister] who started to drag my wife out of the garage and asked Officer Geske to help do CPR; Oregon EMS arrived at 21:30. Oregon EMS Technician Susan Osmond intubated my wife with an 8 mm endotracheal tube into her esophagus [stomach] instead of into her trachea [lungs], sealing it at the neck [basically suffocating her], and bagged her on 100% oxygen. Oregon EMS transported my wife to a more equipped ambulance en route to the hospital because they "...would not be able to sustain enough life support en route; needed advanced life support". My wife arrived at hospital 10:08 p.m.; given intravenous medications; pronounced dead 10:32 p.m.

I was given a 100% oxygen mask at the scene, and was continued through law enforcement accompanied escort via ambulance to St. Mary's Hospital, Madison, and after arrival; blood was drawn from me on two separate occasions while in the hospital. No determination was made as to the percent of carboxyhemoglobin [the medical measure of the amount of exposure to carbon monoxide] in my blood when I was admitted. I had a 28% hemoglobin carbon monoxide count at 23:15 p.m. on November 19, 1985 and had been on a 100% oxygen mask since approximately 9:22 p.m. When a person is breathing room air, the half-life of CO in the blood is about five (5) to six (6) hours. Breathing 100% oxygen reduces the half-life to about 1 % hours. Source: Emergency Medical Treatment, by Nancy L. Caroline, M.D., 1987.

Utilizing the Emergency Medical Treatment, supra., formula, and factoring in an approximate time spent in the garage after exposure and before treatment, it is estimated my hemoglobin percentage to be 60%. [The symptoms for less than 60% hemoglobin are headache, dimness of vision, fainting, ataxia [loss of muscle control], collapse, and hyperventilation, near coma state, loss of short-term memory. There's a marked decrease in the ability to move; speech is affected. From Interpretation of Diagnostic Tests, 5th Ed., by Jacques Wallach, M.D., 1992.

Despite my condition while recovering in the hospital from carbon monoxide asphyxiation, Green County Sheriffs Department Officials repeatedly questioned me. Notes of alleged questions and responses were documented; a report was written, the notes were destroyed, and said "oral" responses to the alleged questions were presented to the jury, despite the fact that sometimes 1 [on 11/20/85] would not finish my sentences and questions had to be repeated to me [It should be noted that I adamantly refute any of the "alleged" responses]; on 11/21/85, T.V. Caughlan, M.D. stated I had a slowing of intellectual processes. On 11/21/85, my speech was still slurred and I felt faint; I was very lethargic, appeared dazed and slow in my responses when interviewed by my counsel on 11/22/85]; and that on 11/25/85 I felt my head was clearing up.

While still in the hospital recovering from carbon monoxide asphyxiation on 11/21/85, I was served with Green County criminal complaints, simultaneously by various jurisdictions - i.e. a City of Madison Police Officer and a Green County Sheriffs Department Officer; then I was placed in a City of Madison squad car which transported me across the street to a waiting Green County squad car which transported me to the Green County jail. No extradition papers were ever filed. Defense counsel objected to jurisdiction at every Court appearance.

The trial court denied my motion to dismiss based on an unlawful arrest and motion to dismiss the complaint and amended complaint [Magistrate Callahan dismissed the original complaint for lack of probable cause; the identical complaint was then submitted to another magistrate, family related to the sheriff, who issued a warrant, contrary to law.]. However, there were three complaints - the first was dismissed for lack of probable cause; the second issued on the identical information; the third [amended] submitted and addressed at the December 13, 1985, Preliminary Hearing [In an unrelated matter, the District of Columbia Court of Appeals took judicial notice of the fact that I was arrested, tried, and convicted, illegally, against the mandates of the United States Constitution due to the dismissal of the first complaint and the identical one being submitted to a second magistrate who issued a warrant.]. Despite the fact that the Court lost jurisdiction over me when the prosecution "forum shopped" for an arrest warrant, the Court continued to hold me for trial.

The arrest was determined legal and with probable cause at pre-trial, despite my being denied my constitutional right to confront my accuser. The first two complaints were signed by Officer Scott Pedley; yet, he never testified to anything in the complaint at any preliminary hearing or court proceeding. The third complaint, submitted at the March 26, 1986, Motion Hearing, was signed by Investigator Terry Argue. However, that complaint could not be challenged because the complaint [the first two] had already been ruled on by the Court. Consequently, I was denied my constitutional right to confront my accuser.

The only evidence the Court had to bind me over for trial was my daughter's statements. She was not made available at the preliminary hearing; no determination was made as to her competence as a five-year-old witness.

I testified at a Goodchild hearing wherein the trial court found the State met its burden of proof and found that officers had informed me of my Miranda rights before questioning, that I understood my rights, and waived them voluntarily on 11/20/85. However, there was no expert medical testimony to establish my mental and physical condition at the time of questioning, nor was there testimony to determine why I was lethargic, appeared dazed, and slow in my responses two days later on 11/22/85. The Court found that the arrest was with probable cause, but the actual time of arrest was not determined.

The Court found there were sufficient facts contained in the Schultz residence search warrants for a detached magistrate to find probable cause to issue them. The Court did not mention the fact that the December 7, 1985, search warrant was issued for the sole purpose of taking our then 5-year-old daughter to the residence to "refresh her memory."

There was no testimony showing that Joseph Klassy, the brother-in-law of my wife, was illegally given the keys to our residences and all my motor vehicles and was used as an investigative arm of the Green County Sheriffs Department. All items received by the State Crime Laboratory and labeled "AV" were received from Joe Klassy who took the evidence from the Schultz residence without any warrants.

I entered a plea of not guilty and not guilty by reason of mental disease or defect on advice from and through counsel, despite the fact that I maintained it was an accident.

My trial commenced in LaFayette County on April 7, 1986. The court advised the jury panel of my plea both at the beginning of trial and after the jury was selected. Potential jurors were systematically excused for cause because they were small business owners. During individual voir dire, the State did not ask questions concerning the insanity defense. However, defense counsel asked specific prejudicial questions concerning the insanity defense and psychiatry that influenced the jury's verdict.

The pathologist, Dr. Engstrand, was the State hired and trained expert who did the autopsy on Nancy Schultz [He was influenced by Green County Sheriff Department's Investigator Quittschreiber who informed him prior to the autopsy of "what was to be expected."]. He testified that the cause of death was carbon monoxide asphyxiation; yet there was no testimony presented at my trial about the fact that Nancy Schultz was suffocated due to being intubated wrong [Neither Officer Geske's nor EMT Osmond's negligence were addressed by trial or appellate counsel.]; there was no testimony presented explaining why there were different levels of hemoglobin in her blood as the samples were supposedly taken after she had expired. Dr. Gary Anderson stated my wife's hemoglobin count was 60%; Toxicologist Matejczyk stated it was 63%.

Various officers testified there were "signs of a struggle" [These "signs of a struggle" - from Ole Anderson attempting to move my wife and all the other EMT and Sheriffs Office Personnel - transformed the alleged crime scene and were used as a basis to find probable cause for arrest.]. Yet, Ole Anderson testified that he "may have knocked Nancy's glasses off and "attempted to move her but couldn't due to his arthritis." The only fingerprint found on Exhibit #34 (flashlight) was that of Ole Anderson.

Dr. Engstrand stated that, externally, there was no evidence of any bruises to Nancy Schultz's head; that, internally, there was evidence of two bruises; that these bruises could not have been caused after death. No expert testimony was presented by the defense to refute how these bruises may have been inflicted [It should be noted that long after direct appeal, a prison officer, who was also an EMT, informed me that when a long board is used in EMT transport, it causes head injuries 60-70% of the time.]. Nancy Schultz was not dead at the scene; she was transported by EMS via a long board.

Dr. Engstrand was released from sequestration after he testified in the case-in-chief; after hearing all the testimony, he was permitted to testify again, and tailor his comments to the evidence presented, without objection. During this "tailoring," the doctor stressed the "countercoup" theory - i.e. that something had to have hit her head.

Since the time of the autopsy, the "countercoup" theory has been determined to be false. The bruising to Nancy's head wasn't because it was hit. A person can be hit by a freight train going 100 miles an hour and as long as his or her skull isn't damaged, the brain won't be either. This is because the brain is suspended in this solid/liquid, web-like material that surrounds the brain in the skull. When unconscious, this web-like material turns to liquid; and, when unconscious, if a skull hits cement [the floor of the garage], it will bounce and make it look like something hit the skull.

Countercoup can only occur while unconscious; spaces are caused only after unconscious; the only way spaces can occur is if the brain moved; the only way the brain can move is if unconscious. According to the autopsy, it could not be determined when the "blows" to her head occurred. This is bull. There was no bruising on the outside of her head which there should have been if she was conscious; therefore, if this was the "death wound", it had to have happened after she was unconscious; if it happened while she was unconscious, there would be a dark bluish circle because the bruise didn't have time to form itself. If already dead, the bruise looks like the rest of the body. If conscious, fibroblastic material would be present; the autopsy shows this did not occur.

Not only did the autopsy report leave out obvious things that should have been included - two of which are in defendant's favor - it is also in error as to the cause of death. The cause of death is not carbon monoxide asphyxiation but rather asphyxiation from EMT negligence. After all, both my wife and I were exposed to approximately the same amount of carbon monoxide [Wife's 60-62%: defendant's 60% after factoring in the oxygen treatment]. The only difference - my wife was intubated with the breathing tube inserted into her stomach instead of into her lungs.
There was no testimony to show how much carbon monoxide we were exposed to. There was no testimony to show it was impossible for me to have given the "alleged" statements I supposedly gave the police due to the after effects of carbon monoxide poisoning. There was virtually no testimony on the effects of carbon monoxide asphyxiation.

There was absolutely no testimony depicting the actual cause of death -i.e. suffocation/strangulation from not inserting the endotracheal tube correctly;
nor was the actual cause of death listed on the death certificate. There continues to be a disputable issue of fact regarding the certificate because there are two - one that was shown to the jury that the State Registrar alleges to have been altered; and a different one on file with the Registrar. I was accused of altering the certificate; I showed "proof I did not. The certificate on file and autopsy were "allegedly "in order pursuant to a "Cause of Death Amendment" that was submitted to Vital Records; yet, no "Cause of Death Amendment" was seen by the court, defense or jury; a response was never received answering my question as to which report was "alleged" to be correct when neither show the actual cause of death [It should be noted that a Wisconsin Assistant Attorney General was asked to join me in requesting a new trial because of the autopsy report being in error; the AAG declined, despite taking an oath to uphold the constitution.].

There was no testimony to show the alleged "crime scene" was altered to give credibility to our then five-year-old-daughter's programmed statements -i.e. Detective Argue moved the car in the garage during the execution of a search warrant at our residence on December 7, 1985. Proof of the car being moved is found by comparing the view of the car in the garage through the breeze way window on Exhibit #29, videotape, to the pictures that the crime laboratory took of the crime scene two weeks before [It should be noted that the defendant continues to be denied access to photographs taken by the Crime Laboratory; the Lab says it turned them over to the sheriff; the sheriff says he gave them to the district attorney; the district attorney claims attorney work product.].

There was no testimony or challenge to the known illegal search warrant of our residence on December 7, 1985, when the purpose of said search stated on the December 4, 1985, videotape was to "refresh our daughter's memory" and to videotape our daughter at our residence. Yet, neither the warrant, nor its return, state anything about any videotape or refreshing our daughter's memory [It was specifically noted on the record that that warrant's purpose was to "obtain evidence of the crime of first degree murder."]; nor was any mention of starting the car in the garage and moving it forward (to lend credibility to our daughter's statements); or of diagramming the residence/garage; or having an electrical expert check the residence's electrical circuitry. The return to the search warrant did not list any videotaping, diagramming, or checking electrical circuits - all of which were introduced at trial through said alleged legal search warrant.

Our daughter was manipulated/programmed. According to all officials, this was a very traumatic experience for her, a little girl who had just lost a mother by death and a father taken away by local authorities. She responded to what happened repeatedly with, "1 don't know, I wasn't in the garage; I was in the house," She did not hear a car running; nor peek in the garage. She was repeatedly questioned by Inv. Argue and led to believe she saw something she could not have [Investigator Argue admitted to asking our daughter leading questions like beginning his questions with, "Daddy hit your mommy and our daughter was also led by Dr. Robert McKinney, a child psychiatrist, who was hired by the State for the exclusive purpose of eliciting testimony from her. She was literally forced by him to return to the "alleged" crime scene with Detectives Argue and Roderick, without any psychologist, psychiatrist or attorney present, contrary to Wisconsin Law. Dr. McKinley instructed law enforcement to take her to the alleged crime scene; to video and audio tape her as you walk her through it; to use trickery and deceit - i.e. that you'll get what you want out of her if you're patient, persistent, and clever enough.

Dr. McKinley was chosen because he testified for the prosecution in many Wisconsin cases. The Court allowed his testimony to bolster the credibility of our daughter's taped statements by stating she wouldn't lie, despite the fact that she had 2 sources of information - her recollection and the questions put to her; that there was an opportunity for distortion of her memory. These video and audio tapes were admitted under both present sense impression and excited utterance because of our daughter's age, despite the fact that she was calmly watching television when her grandfather arrived at the residence and didn't make any statement for several hours afterwards and the Court previously ruling they were not admissible under excited utterance.

Additionally, I was denied the right of confrontation. When our daughter testified, my right was observed. However, after she was released from the sequestration order, hearsay testimony was elicited from several witnesses regarding our daughter's statements to them and the defense could not question our daughter regarding the circumstances of the interviews and the contents of the audio and video tapes after they had been played.

The video tapes of our daughter were taken home and copied on Investigator Roderick's personal equipment, leaving huge blank spaces on the video tapes of the interviews played to the jury [The information that was deleted in these blank spaces appearing at crucial times would prove my actual innocence.].. The videotape was turned off for 27 minutes during CS's interview. The same identical "blank spaces" appeared on the audio tapes that were taken home, copied and edited by Investigator Argue on his personal equipment, outside the chain of custody. Moreover, the Court did not have copies of either the video or audio tapes at my trial. These tapes had a definite impact on the jury.

I testified at trial because I felt I had to considering my counsel's opening remarks, the questions asked the jurors and the juror's comments in voir dire. Many potential jurors expressed the opinion that 1 had something to hide if I did not testify; most of the jurors selected had the same opinion (Individual Voir Dire of the Actual Jury Selected - [Juror #1] "I (defendant) would have to prove innocence."; [Juror #2] "Would want me (defendant) to testify."; [Juror #3] "Might wonder why I (defendant) didn't testify."; [Juror #4] "Believes I (defendant) have an obligation to testify."; [Juror #5] "Would wonder why I (defendant) didn't testify"; [Juror #7] "Believes I (defendant) should testify; that if I (defendant) didn't, would think I (defendant) am holding something back."; [Juror #8] "Believes I (defendant) should tell my side; possibly would bother her if I (defendant) didn't testify."; [Juror #9] "I (defendant) might possibly be holding something back if I (defendant) didn't testify."; [Juror #10] "Believes I (defendant) have done something wrong; believes I (defendant) should testify."; [Juror #14] "Believes the defendant has the right not to testify and that it's my responsibility to understand that, 1 guess"; [Juror #15] "Mr. Schultz must have done something wrong because he was arrested."

The prosecution hypothesized that Nancy's death was premeditated because I turned out the fuse that controlled the furnace fan motor which also controlled the electricity in the garage. The turning point in the trial - when the jurors believed I was guilty - was after I told them about the furnace fan motor not working properly; then the State put a law enforcement officer on the stand that had been at our house on December 7, 1985, and stated the furnace worked fine. The defense had no rebuttal. The jurors would not look at me after that. After trial, the motor was analyzed by an expert and found to malfunction the way I said it did; however, appellate counsel did not link it back to the time of the alleged offense.

At the beginning of trial, the choices for the jury were guilty and not guilty of first degree intentional homicide; at the end of witness testimony, the choices to the jury were guilty and not guilty of first degree intentional homicide, guilty and not guilty of second degree homicide, guilty and not guilty of homicide by reckless conduct and nothing.

On April 19, 1986, the jury returned the verdict of guilty to the charge of first degree murder. The jury was not polled. On April 21, 1986, the court permitted me to withdraw my plea of not guilty by reason of mental disease or defect before the second phase began. The effect of the waiver barred me from presenting statutory evidence of non-criminal responsibility in the first phase. The State of Wisconsin's preemptive strike, in its case-in-chief, which argued for my criminal responsibility during the first phase (i.e. showing motive and intent), could not be rebutted with non-criminal responsibility evidence by me simply because it was a bifurcated trial.

By statute, non-criminal responsibility evidence is barred in the first phase of a bifurcated trial because it relates directly to [any] question of mental disease or defect. In contrast, non-criminal responsibility evidence is allowed in a non-bifurcated first-degree murder trial. The court sentenced me to life imprisonment on April 21, 1986.

I, through my attorneys filed post-conviction motions alleging ineffective assistance of trial counsel because trial counsel:
1. insisted on maintaining a Not Guilty by Reason of Insanity plea, despite my professing it to be an accident;
2. had no theory of defense; yet, the theory of defense has been an attempt by me to remove my wife from the environment.
3. did not present any expert witnesses on the effects of carbon monoxide asphyxiation, allowing the prosecution to call me a liar; allowing the prosecution to speculate (how come the defendant can't pick her up and drag her out; he's got no more than a few feet and he says he can't get in there to save the one he loves; if carbon monoxide affected defendant's memory, where is their expert; the defendant goes from having a great deal of information on 11/20 to knowing nothing in March, to knowing a great deal now);
4. did not know what I would testify to;
5. believed I was the world's worst witness; would hang myself if testified at trial; yet, put me on the stand anyhow;
6. did not believe anything 1 was telling them; thought that I was manipulating them; therefore, did not investigate because counsel didn't want to participate in what they thought to be perjury; despite being very dazed when I talked to them for the first time on 11/21/85; my speech was slurred on 11/21/85; I felt as if I were in a daze; I was very lethargic; had this lethargic quality for five (5) months; that carbon monoxide poisoning affects memory.
7. did not question the Green County Sheriff about doctoring evidence at the crime scene.
Trial counsel testified at my post conviction hearing that he was going to take notes to protect himself [6/5/87, Post-Conviction Hearing, Atty. Sturdevant testimony, p. 145]; that "as far as Jim Schultz was concerned, he could go fuck himself [6/10/87, Post Conviction Hearing, Atty. Watts testimony, pgs.41-43]; that he "was going to protect his ass and fuck the client." The trial Court denied the motions; an appeal was taken. My conviction was upheld.

The Wisconsin Court of Appeals, District IV, in State v. Schultz, 148
Wis.2d 370, 435 N.W.2d 335, affirmed the conviction based on untrue facts -i.e. Nancy Schultz was not dead at the scene; she was not subjected to blows to the head; defendant's daughter was not a witness, etc. The Court refused to correct its decision. The Wisconsin Supreme Court, in addressing the voluntariness of my alleged statements, reaffirmed the conviction [152 Wis.2d 408, 448 N.W.2d 424 (1989)] without any facts regarding my physical and mental condition (i.e. the actual level of hemoglobin in my blood and the subsequent effects which would show that it was a medical impossibility for me to give any statements to the police much less participate In my own defense — it was logical and consistent with carbon monoxide poisoning that, as time went on, I remembered more of the facts of November 19, 1985; this memory problem left me without counsel because counsel believed I was manipulating them.). The Green County District Attorney is still withholding these crucial facts.

The State Public Defender's Office declined to appoint counsel for me beyond direct appeal. As a result, I was forced to proceed pro se in attempts to show my actual innocence. I began by addressing the invalid, illegal arrest warrant. The Court of Appeals admitted said "forum shopping" for an arrest warrant actually occurred; however, it stated that the coram nobis petition I filed wasn't the proper procedure to address the issue [State v. Schultz, 90-2786-CR].

I then filed a complaint for a John Doe Investigation alleging crime[s] were committed by County Law Enforcement officials in my case, in attempts to show the court my actual innocence; I did so in documents filed in said investigation and my testimony at the "application" hearings held on September 9, 1992, and October 19, 1992, respectively, before the Honorable Mark J. Farnum, Green County, Wisconsin [No case number was assigned]. It should be noted when I submitted documented evidence - i.e. police reports, etc. - to prove my allegations, the John Doe Judge informed me that said documents were "open to interpretation"; yet, used against me, they were considered gospel. An Order issued on January 22, 1993, found no crimes[s] were committed by officials in my criminal case.

I filed a supervisory writ action to oversee said John Doe Investigation [State ex rel. Schultz v. Circuit Court for Green County, Case No. 92-1524-W] due to the "appearance" of a possible conflict of interest - i.e. one judge investigating another judge, etc.; said action was transferred from the State Supreme Court to the Court of Appeals on June 23, 1992; the Court of Appeals denied my request on October 20, 1992; reconsideration denied on November 24, 1992; the State Supreme Court denied review on December 9, 1992; theUnited States Supreme Court denied review at 114 S.Ct. 1229; rehearing denied 114 S.Ct. 584.

I did not appeal the findings of the John Doe Investigation; instead, I appealed the decision not to issue a Supervisory Writ to oversee said investigation because of the apparent "conflict of interest." Had I known the proper procedure, the political conspiracy in my case would have long been exposed by the higher Wisconsin Courts.

I filed a mandamus action in the Green County Circuit Court [Schultz v. Elmer, 88-CV-384] seeking access to the Sheriffs Office files in my criminal case; the lower Court denied my request; the Wisconsin Court of Appeals affirmed the lower court's denial; the State Supreme Court denied review. The Courts all agreed that, because I had an appeal pending was a legitimate reason for non disclosure because access would thwart future investigations.

I subsequently filed a Freedom of Information Act action in the District of Columbia Circuit, seeking access to the Green County Sheriffs Office files [Schultz v. Elmer, et ai, 91-3263-LFO]; the district court denied same for lack of jurisdiction. An appeal was taken to the District of Columbia Court of Appeals [92-5195]; the lower court's decision was upheld in an Order, dated June 8, 1993. The District of Columbia Court of Appeals also took Judicial Notice of the fact that I was arrested, tried, convicted, and am presently incarcerated on an illegal arrest warrant. However, I did not know I had to request the Court to issue a mandate for my release. The U.S. Supreme Court denied review at 114 S.Ct. 401.

A pro se habeas corpus petition for my release from custody was filed in the U.S. District Court for the Western Dist. of Wisconsin [96-C-790-S]; and dismissed without a hearing or response and with prejudice by the Hon. Jon C. Shabaz. Reconsideration was also denied [The volumes of documented evidence submitted with my Motion for Reconsideration to the Honorable Jon C. Shabaz were all returned to me AND NOT MADE A PART OF THE RECORD. If I would not have made arrangements to pick them up, they would have been destroyed]; the Seventh Circuit Court of Appeals denied Certificate of Appealability [97-1369]; the U.S.S.Ct. declined review [98-5807].

Through the course of arrest, trial, and appeal, I have been subjected to the following constitutional deprivations:
Green County officials violated their oaths of office and my constitutional rights to a fair and meaningful trial and appeal by:
1. withholding and covering up the negligence of the first law enforcement officer on the scene;
2. withholding and covering up the negligence of the EMT that intubated my wife;
3. influencing the pathologist doing the autopsy to "cover up" the actual cause of death - i.e. suffocation from being intubated wrong;
4. withholding reports and documents that show I had a much greater percentage of carboxyhemoglobin in my blood, proving it was physically impossible for me to move;
5. constructing "alleged" statements for me to have made when it was mentally and physically impossible for me to have said;
6. withholding the signed Order to not issue a warrant for my arrest because the complaint did not establish probable cause;
7. illegally arresting me on the identical dismissed complaint that was filled with inferences known to be false - i.e.:
a. inferring 1 knocked Nancy's glasses off when, in fact, Ole Anderson did and testified to same;
b. inferring a broken flashlight was used as some sort of a weapon when the only fingerprint on it belonged to Ole Anderson; that the flashlight was broken and would fall apart by itself;
inferring that my eye glasses were broken when, in fact, I received them back after trial, intact;
inferring a struggle took place from the dust on the floor and on Nancy's panty hose when several officers and EMT's physically dragged both my wife and I out of the garage and many officers walked through the "alleged" crime scene;influencing the pathologist in skewing his findings to that what the Green County Sheriffs Department was trying to prove.
8. serving the illegal arrest warrant on me outside their jurisdiction; physically transporting me to their jurisdiction, without extradition.
9. applying for and carrying out an illegal search of our residence; altering the "alleged" crime scene to lend credibility to our daughter's programmed statements;
10. manipulating and programming our five-year-old daughter into believing she saw something she could not have possibly seen;
11. altering both video and audio tapes of our daughter's statements outside the chain of custody;
12. giving the keys to our residences and automobiles to a hostile, maternal relative and using him as an investigative arm of the police department without having to issue search warrants.

The Green County Circuit Court:
i. excused potential jurors for cause without objection by the State or defense so they could plant their fields - denying me my right to a jury of my peers (small businessmen) because I was a small businessman;
ii. ruled there was probable cause to arrest, despite the fact that the officer who accused me of the crime did not testify; made rulings on two (2) complaints, when, in fact, there were three (3);
iii. had ex parte communication with our daughter before she testified;
iv. always assisted the State in arguing issues, motions, etc., and often changed rulings after objections from the State;
v. held extensive "meetings" with my counsel and the prosecutor at his bench in front of the jury and outside my presence every day of trial.

I filed a pro se habeas corpus petition in my Court of Conviction, the Green County Circuit Court, the Honorable William D. Johnston, presiding. In said petition, I claimed:

1. My wife] was intubated wrong by the EMT, causing the death.

2. A conflict of interest in securing the arrest warrant -i.e. The Court Commissioner issuing the warrant was family related to the sheriff.

3. I was denied the right to be present at all discussions "off the record" at the judge's bench.

4. I was denied his right to have the jury polled.

5. I was denied my right to challenge the verdict, via a Motion for Judgment on the Pleadings.
None of the above were addressed by the Court. The lower court did not hold a regular hearing on said habeas petition; Instead, it held a telephonic, motion hearing, and a telephonic status conference, in which the Court referred my petition, against my wishes, to the public defender's office; the public defender refused representation [The Public Defender made his determination on 2006's requirements for the appointment of counsel instead of what was in effect in 1985.]. The State was never ordered to respond to my petition, despite my Motion requesting a response; none of my supplemental motions were addressed - i.e. Motion for Leave to Proceed without Paying Costs in Habeas Action; Motion for Subpoenas to Issue; Motion for Appointment of a Special Prosecutor and Substitution of Judge from Another County; Joinder of Persons Needed for Just and Complete Adjudication; Motion for Production of Documents and Things; Motion in Limine for Court to Accept Affidavits as Evidence; Motion to Exhume the Body of Nancy M. Schultz. My separate Motion for Evidentiary Proceedings was never addressed. The court dismissed my petition based on the public defender's refusal, despite the fact that the Court stated there is "[g]oing to have to be an evaluation by a medical expert as to whether there is a basis for this on the records you are presenting ..."

The Court of Appeals affirmed the trial court's ruling, without considering the RECORD of the underlying conviction, and chastised me for requesting said RECORD, despite mandatory Statutory procedure [See 809.19(l)(d), Wisconsin Statutes]; the Court refused to follow case law on accepting unrefuted facts as true and refused to consider any argument without reference to the record; the Court also refused to reference the underlying conviction number in the appeal.

I subsequently filed a petition for a writ of habeas corpus to the State Supreme Court along with a Motion for Appointment of Counsel; the petition was denied; no action was taken on my Motion for Counsel Appointment.

Throughout this case, I have been totally on my own. I was suffering from the after effects of carbon monoxide poisoning and could not assist in my defense [It has since been determined that I suffer from short-term memory loss due to my exposure, the extent of which has yet to be determined.]. Defense counsel stated this was "an entirely circumstantial case" [4/19/86, Jury Trial, Arty.Watts, p. 137]; the district attorney stated the case boils down to the credibility of the defendant [4/19/86, Jury Trial, DA Funkhouser closing remarks, p.46]; and the defendant is a liar [4/19/86, Jury Trial, DA Funkhouser] because trial counsel would not investigate what the defendant told them about the furnace fan motor.

Technology today proves the bruising to Nancy Schultz's head could not happen as Dr. Engstrand stated; yet, the Courts won't allow evidentiary proceedings.

I am actually innocent, convicted solely on circumstantial evidence and the use of a child witness who had been manipulated into believing what authorities wanted her to "remember" regarding events that she could not possibly have knowledge of. An accident was turned into a murder through the combined negligence of the first law environment officer on the scene and the EMT that intubated my wife. It appears that Green County officials will go to great lengths to keep this case from justice. I was threatened with "you'd better leave this case alone if you know what's good for you" by Green County officers who transported me back to prison from a John Doe hearing. Just five years ago, Green County officials issued [By Green County] and carried out a search warrant [In Brown County] of a non-profit's business because it posted a statement of my case on its website; it took then Wisconsin Governor McCallum to intercede and Order Green County officials to return the non-profit's computers and equipment. The website was subsequently shut down because of the posting of my case. Why the paranoia?

I have attempted [without counsel because I am poor] to address the many constitutional deprivations I have been subjected to, beginning with my unconstitutional arrest, through trial and post-conviction procedures at the hands of incompetent counsel. However, I have not been afforded the opportunity, to establish a record due to "government misconduct" inferences having political connotations.

I was prosecuted by the State in a (State) Court, and forced to be represented by (State counsel) a Public Defender (trial counsel) and a (State paid-for-counsel) on appeal simply because I am poor. I have not had access to the sheriffs office files that continue to be withheld by the Green County District Attorney as "attorney work product." [These files were generated under the direction of then Green County Sheriff Elmer who was removed from office on a recall election after my conviction for misconduct.]. The current District Attorney stated to a private investigator that "it is not his job to provide evidence to get me a new trial." Discovery documents showing my actual innocence were not turned over to me before my trial; yet, the district attorney can claim attorney work product over two decades later!

Additional information can be obtained by writing me at:
James R. Schultz #8151 Stanley Correctional Institution
100 Corrections Drive Stanley, WI 54768-6500

...and I will be happy to provide you with a complete statement of the facts, coupled with court record references, showing that "justice" no longer exists for the average citizen in Wisconsin. ...or call, write, fax or e-mail:
.your State Representative at:
Box 7863 Madison, WI 53707-7863
(608)266-1212
FAX: 267-8983 E-MAIL: wisgov@mail.stale.wi.us

the State Supreme Court at:
Box 1688
Madison, WI 53701-1688 FAX: 261-8289 Internet Address: http://www.wicourts.gov

...to compel Green County District Attorney Gary Luhman to turn over to you and me the investigatory files that were compiled by the Green County Sheriffs Department in Green County Case No 85-CR-234 (Green County Sheriffs Department Case No. C85-4841) that reveal the cover-up and conspiracy to convict me, an innocent person, of the death that law enforcement and EMT negligence actually caused.

James Bauhaus

2007-01-18T08:22:00.000-08:00

James Bauhaus
A teenager who was convicted of first degree murder and sentenced to life in Oklahoma, has proven his innocence. He uncovered hidden police records, including police reports, fingerprint evidence, blood sample documents and police artist sketches that show how one witness was manipulated to testify against him.
Now, after 13 years of false imprisonment, My Bauhaus has his case in court and is asking us to write the authorities asking that they give a fair ruling on the case. Letters from the public are needed because this case involves conspiracy by the police and FBI, and a fair hearing will be difficult to get. Below is an essay by James, " Can't Get Unconvicted" and a link to his blog, which contains documents that verify his staements as well as tip and facts about the legal system in general.
After looking through these documents, please consider writing one or all or the people listed below. You can ask for a fair hearing , or even Asking what the progress has been made on the case will allow the government to know people are watching.

write to:
Judge Jessie Harris; Tulsa County Court House; 400 Civic Center Plaza; Tulsa, OK 74105
Prosecutor Tim Harris; same address as above
Attorney General Edmonson; State Capital, 2300 North Lincoln, Oklahoma City, OK 73105

James Bauhaus website: www.jamesbauhaus.org On it you will find documents for his case as well as "Innocent's Guide to false Conviction".
These documents expose corruption in every governmental level from Tulsa police to federal judges, who seem to conspire to allow the real killer to go free and allow James to suffer for a crime he didn’t commit.

Essay
Proven innocent; can't get unconvicted despite proof of innocence

James Bauhaus;Box 220-88367;Hominy, OK 7^035

Dear Sir or Ms,
100% of the convicting evidence was two witnesses who are now proven by their own words, recorded by police, to be liars. Three women, all separate in time and location, gave police matching descriptions and drawings of the killer, saying he had short, brown hair, no glasses. They helped police look for him for seven days, then police put me on all OK TV stations and newspapers for two days. Nobody called police to accuse me of anything, not even Mrs. Baker, who admits having seen me on TV then. For 78 days more, police and witnesses searched for "short, brown hair, no glasses". Then police somehow caused Mrs. Hunt to forget her previous description and drawing of the killer and pick me instead.

94 days later police tried to make Mrs. Baker pick me. (See police reports.) She refused to sign their accusations against me and instead reminded police that my hair was far too long for me to be the killer she saw. Police finally did manage to make her switch her testimony 18 months later during trial by calling a recess and threatening her with jail for lying to police. All the physical evidence was lost by police; none of it was volunteered as law requires.

Police claimed that the killer's prints were "smudged", and they all forgot, in unison, which of them collected the killer's blood and what they did with it. They all kept a third witness secret, who never changed her description of the killer, and police concealed all the initial, truthful, descriptions and drawings of the killer which would have proven my innocence to jurors.

In 1974 the killer blundered into my kin's checkout line. They talked and he gave his name as John Shelton. In May, 1979,Qunion Leigh saw him at the McAlester trustee bldg, but would not reveal his name. I told the police and warden, "Now his prints ARE in your databases; please match them with the crime scene prints." They ignored me, then hired Steve Neko Stewart to kill Shelton for cigarettes. A kindly OSP employee showed me their prison photo of Shelton. He was too old to be the killer and did not resemble me. It seems as if the killer used Shelton1s name as an impromptu alias. It is likely they knew each other and no coincidence that they were both at McAlester*s prisons at the same time. In 1985 I escaped to find him. I found that he and Shelton are connected in time, neighborhood, vices and criminality. I also found proof of my innocence in police files. I returned to use my escape trial to expose the facts, but judge Steven Taylor, DA Ellen Corcoran, PD Patrick Layden and the guards conspired together and prevented trial with an illegal ruse. (See: F-85-121)

In five years of appeals, 39 judges and eight courts decided to go blind to the facts and protect the killer by refusing to allow analysis of this DNA and fingerprints by ruling, absurdly, that nothing was concealed, witnesses' memories improved with the passage of 20 months and that I suddenly grew five inches of wrong-color hair in just seven days.

After 29 years of lawsuits they were forced to reveal the FBI report that shows that three police identification experts and two coroners all made the same incompetent blunder eight times in a row by collecting "insufficient" blood from a blood trail five blocks long. Also, the FBI transformed plenty of blood into insufficient blood by pretending to look for seven different killers of Mr. Hunt from the same blood trail left by one teenager.

Also, 27 years ago I sent three Public Defenders to the police after this blood. The police lied to each one, in turn, claiming they had NO blood. In 1997 a new technology made DNA available from fingerprints. When I appealed on this, the judges refused to test them at my expense. (They had concealed at least 21 prints from the killer.) Then an innocence project lawyer found that the same time I filed for this fingerprint DNA testing, these fingerprints disappeared along with the chain of custody records on them, same as the blood had by 1975.

Only about 1500 persons went to OSP from Tulsa between 1974 and 1979. The actual killer is among them, along with record of his scars from hopping the fence making his escape from the crime scene. His picture is there too. All Tulsa and DOC authorities need do is look in their own files. Both the killer and John Shelton were in the Tulsa Jail, probably caught for petty crimes and allowed to snitch their ways out of them to dodge prison for years.

I offer a $1,000 reward to anyone who will look in these public records and find this killer. I am blocked from finding Mm by the authorities while in prison myself. You are not. I'd be much obliged if you would do this or force the authorities to do so. This killer should not be let to run loose. Sincerely, James Bauhaus

Again see documentation on Jame's website: www.jamesbauhaus.org
Police Reports
Court Transcript: Blood
Destruction of Blood Evidence
Court Transcript: Fingerprints
Police artist sketches
Post Conviction Relief 12-30-06
The articles on this site expose corruption in every governmental level from Tulsa police to federal judges, who seem to conspire to allow the real killer to go free and allow James to suffer for a crime he didn’t commit.
Articles
The Innocent’s Guide to Avoiding False Conviction
This book reveals the hidden tricks of the courtroom, and how to counter them. It includes what James learned too late to stop the system from devouring him.
Innocent’s Guide to avoiding False Conviction
JAILBREAK!
James describes his flight from prison, his slow arduous ascent from refugee to homeless, to hobo to abject poverty to prosperity and finally, exhonoration. He pursues the actual killer of the porn merchant through a labyrinth of secret police, court and prison records to find a monstrous truth that has already cost three lives and could yet cost his own. Available on disk, contact James at the address below.
To contact James, send email to:
4bauhaus-at-quik.com

James Bauhaus 88367
Dick Connors CC
P. O. Box 220
Hominy, OK 74035-0220

Cory Gilmore

2006-10-14T12:29:00.000-07:00

Cory Gilmore #254400 Green Bay Correctional Ins. P.O. Box 19033 Green Bay, Wi 54307

HELP
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.

EXHIBITS
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.
Exhibit 1
Transcripts Feb. 7 1996 pages 153, 154, 181
Exhibit 2
Police Report page 6-7
Exhibit 3
Preliminary hear Transcript Nov. 17, 1996 page 8-9
Exhibit 4
Transcript Feb. 7 1996 pages 144-145, 210-211
Exhibit 5
Transcript Feb. 7 1996 pages 184-185
Exhibit 6
Transcript Feb. 7 1996 pages 193
Exhibit 7
Transcript Feb. 7 1996 pages 143
Exhibit 8
Transcript Feb. 8 1996 pages 114-115
Exhibit 9
Criminal Complaint
Exhibit 10
Letter dated November 21, 1995 from District Attorney
Exhibit 11
Police Report page 84
Exhibit 12
Transcript Feb. 7 1996 paqe 186
Exhibit 13
Preliminary hearing Transcript Nov. 17 1996 page 6/ 13 Preliminary hearing Transcript Nov. 07 1996 page 5-6; 13
Exhibit 14
Transcript Feb 7 1996 page 137-139, 175-178
Exhibit 15
Transcript Feb 7 1996 page 148
Exhibit 16
Medical Record of Claudino Claudio

Steven Grant, Innocent

2006-10-02T19:43:00.000-07:00

SUMMARY OF MY INNOCENCE

The circumstances surrounding my case began on Dec. 8, 1990. A guy who I knew of but was not a close friend to asked if I would drop him off at a night club called Who's on First. It was located on 1st & Greenfield. Prior to dropping the guy off, I allowed him to sit in my vehicle while I was using the rest-room at a neighborhood bar.

After dropping the guy off, I headed south on 1st street in order to get to Interstate 43 from Mitchell Avenue, to home on Capitol Drive. It is now after 12:15am, on Dec. 9, 1990. According to the arresting officers, I was driving the speed limit heading south on 1st street and Orchard, where the police was waiting at a stop light facing east. One officer claimed that as I passed their vehicle, he noticed that I looked like a composite sketch (composite) of a suspect wanted in a series of sexual assaults. The police admitted that I did not look in their direction so their observation of me was from a side view. However, the composite was limited wholly to the frontal view of the suspect from the neck up to the suspects hair. Mind you I was also wearing a baseball cap atop a large afro hairstyle. Before the actual stop of my vehicle, the police went on to claim that I was following another vehicle allegedly occupied by a single white female. This police claimed he pointed this out to his partner. Note: The police did not have copy of the composite with them or in their vehicle at the time of stopping or observing me.

The police further stated that as I was heading south, they turned their vehicle south and began to follow me about three car lengths behind. He stated he observed me look into the rear-view mirror and observe their police vehicle. According to the police, I then made a right-hand turn from the far left-hand lane on to Mitchell Street. These things did not occur as described by police. Subsequently, I was stopped between 3rd & 4th and Mitchell. Additional police were called to the scene of the stop and after their arrival, I was order out of my vehicle. My vehicle was searched and a gun was found underneath the driver seat. I did not know the gun was there (even though I recall something hitting my heel), nor was my fingerprints found on the gun. After finding the gun, I was placed under arrest.

Later that day I was placed in numerous line-ups by police in hopes that one or more victims would identify me as their assailant. No victim had picked me as their assailant and to this date, I am still very thankful. At this point I'm charged only with carrying a concealed weapon and possession of cocaine, less than $10.00 worth. However, on Dec. 12, 1990, police obtained a search warrant and took from me one large vial of blood, a large saliva soaked gauge pad and head and pubic hairs. It is at this point that I became aware that the gun found in my vehicle was taken a victim after her assault. After an unsuccessful attempt to suppress the gun and my inability to locate the guy who left the gun in my vehicle, I pled guilty (Alford plea) to carrying a concealed weapon and possession of cocaine. I was sentence to concurrent 3 year terms but consecutive to revocation of parole.

While serving sentence at Racine Correctional Inst. (RCI), a judge in Racine County issued another search warrant for additional blood in Sept. of 1993. Apparently, Milwaukee police believed there was some similarities between the suspect and an assault against a victim in Racine County. However, I was never charged with any crime from Racine County and believe that was a ploy to further the illegal activity of Milwaukee police.

Eventually, I was charged with numerous counts of sexual assaults and robberies in January of 1995, based wholly on false DNA results. I was convicted of all counts in June of 1995.
I was falsely convicted of these crimes and urgently seek legal help in my efforts to prove my innocence.

Please Keep The Following Facts In Mind
1 . The victims clothing or other materials found in the victims vehicles was transported to Milwaukee Regional Crime Lab long before my arrest on Dec. 9, 1 990.
2. The initial blood sample, saliva sample, head and pubic hairs which was obtained from me on Dec. 12, 1990, per order of search warrant, was transported by police to the crime lab on Dec. 18, 1990.
3. All cuttings of victims clothing or other material by Milwaukee Crime Lab Serologists, was sent to FBI Lab via Federal Express in May of 1993.
4. There was never any accounting of my saliva sample after it was delivered to Milwaukee Crime Lab on Dec. 18, 1990.
5. My trial attorney had no prior trial experience using DNA evidence. He never sought to have any crime scene evidence re-tested. He never filed any pre-trial motions to suppress DNA results. And he too never made any attempts to determine the whereabouts of my saliva sample.
End Of Summary

Note: Let me make it clear that I truly believe that police or crime lab analyst planted my saliva sample upon the crime scene evidence. God as my witness, I did not commit these crimes. I am in possession of all pretrial and trial transcripts, FBI reports summarizing their DNA results, and some police reports.

Steven Grant #75160
Waupun Correctional Institution
Box 351; Waupun, Wi 53963

Jose Soto, innocent

2006-10-02T16:51:00.002-07:00

Jose Soto #307830; CCI; PO Box 900; Portage, Wi 53901
I'm incarcerated for a "homicide" out of Milwaukee in summer of 2000. I was trying to make fast money by selling marijuana. I'd ran into someone I knew and he wanted to buy some cocaine. I said I could get it and we were supposed to meet later in the day, only I had a lot going on that day as I was to attend my younger brother's graduation at Hamilton High School, had to pick up my car from an auto body shop, and was collecting money to post bail for someone that evening, so I wasn't able to meet the guy who wanted to buy the cocaine.

I gave the phone I'd been using to my friend and told him to go ahead and make the sale when he calls. I went on to get a few checks and money orders, gave them to my uncle to bail out someone and I went out to Cudahy to pick my car up. I then drove to my parents home and we (mother, father, sister, and grandmother) all went to the high school for the graduation. We attended the ceremony until approximately 9:30 pm, drove home and I went to a girl friend's home for a small party until 3 am or so.

The next day I'm told I am being sought for a homicide. I end up being arrested, beat up, burned skin off hands with coffee- I have pictures). Made false promises and signed a false statement.

I was told I was suspect due to victim's attempt to contact me prior to death. Then, the lead detective is one who beat me in '95 and was suspended for same. Well, he had a field day with the case and as a result, fed people information (it's on transcript) and threatened life imprisonment for crimes they were not involved in.

I went to trial twice. The first time ended in a mistrial. I went to trial a second time and this attorney failed to investigate, or call my alibi witnesses to confirm 1) the cashier check made at time victim was attempting to contact me as witness states, 2) to call witness from auto body repair and pickup, 3) person who drove me to shop and followed me to parents, 4) family at graduation, 5)present pictures of me at graduation. These all prove that NO WAY could I make graduation if I was anywhere near the crime scene shooting ay 7 pm: 1) Graduation was at 7 pm.2) Credit union at 5:28 pm. 3)20 minutes to house;4)18 minutes to car shop: 5:56;5)18 minutes back plus 5 to get car:6:24 pm; 6)20 minutes to high school With parents-6:45.

The attorney put on no defense and I was convicted. I write letters to ask why attorney never presented pictures of burns to my hands by police, or call alibis. Attorney wrote back stating he knew of the photos but didn't attempt to view them. This is ineffective.

Also, While in Dodge Correctional Institution I received a letter from a friend and he stated he read the paper on me and is sorry for not telling me sooner, but "he" killed victim for trying to rob a friend.
Notice : Please Help if you can:
I am looking for ANYONE whom either attended the graduation or graduated from HAMILTON HIGH SCHOOL in Milwaukee, Wisconsin in June of 2000. I was at the graduation when the crime occurred and I am looking for anyone who either made a video of the event , remembers my presence, or has a photo of the graduation with me in it.

I am also looking for anyone who lived near or knows someone who lived near 30th and Pierce in Milwaukee Wisconsin in July of 2000. Please write me (Jose Soto address above)or contact FFUP at 29631 Wild Rose Drive; Blue River, Wi 53518; email(swansol@mwt.net.