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1) Media Slant; Brainwashing of the most subtle type, The case of Rogers J. LaCaze Sr.
by Tanya L. Thornton, ©April 5, 2005

(Rogers LaCaze at the time he met
 Antoinette Frank)

Do you believe when someone has been convicted of a crime they are guilty beyond a reasonable doubt? Had you asked me that question six months ago. I would have said yes! I was very naive to what was really going on in the "Criminal Injustice System." When we read about a crime in a reputable newspaper, or see the news coverage, we mostly assume it's the truth. Why would anyone exaggerate the truth or just out-right omit it? That is a question I never thought to ask. The purpose for this article is to draw attention to "The media slant; brainwashing of the most subtle type."
Before I met Rogers LaCaze, I never questioned the fairness of the judicial system or the slant in the media. That is until now.

This started as a project for an oral presentation (in social problems) on capital punishment. To add realism, I decided to contact a death row prisoner. I went on the Internet and found literally thousands of prisoner pen pal ads. The person that caught my attention was Rogers LaCaze Sr. I wrote and asked him if he would help me with my presentation. I received a reply from him a week or so later. He didn't go into his case at all; he said it was very high profile. Unfortunately, it's what was not publicized that failed to give an accurate summation of the events that led up to the crime.

You may be asking, what led me to believe that a condemned murderer is truly innocent? After reading page after page of trial transcripts and affidavits, I wholeheartedly believe in his innocence. After visiting with Rogers and his family I am even more convinced. It is my desire that I may be able to make you more aware of the prejudice that is created by the sensationalist media.

Roger's co-defendant's obsession for him began a little more than three months before the crime. He met 23-year-old police officer Antoinette Frank after he was badly injured in an unrelated shooting. He was freshly 18, very attractive, and somewhat flattered by an older woman's attention. I believe this is when she set out to pull him into her chaotic world.

Antoinette started giving him money, even offering him her bank card and pin number. She rented him luxury vehicles and bought him expensive clothing. In order to pursue her obsession with Rogers, she purchased them both cell phones and pagers, even though Rogers already had his own pager. She attempted to involve herself in the lives of everyone close to him. Antoinette tried to sabotage his relationships with many of his close friends, especially his daughter's mother, wanting him all to herself. Not being successful is what may have put her into vengeance mode.

Antoinette did not initially allow Rogers to associate with her police friends. Two days before the murders, however, she seemingly flaunted him in front of everyone, even allowing him to drive her squad car. Although Rogers now says, "It was right under my nose the whole time and I couldn't smell it," at the time it didn't occur to him that she might be setting him up.

Rogers was convicted of two counts of first-degree murder and one count of first-degree murder of a police officer. The alleged motive for the crime was $10,000, which the Kim Ahn restaurant owners claimed was stolen. What the media failed to tell, is there is no proof this $10,000 even existed, much less that it had been stolen. No money was ever recovered; consequently, the charges of armed robbery were dropped. 

Two of the slain victims were the restaurant owner's children. The other victim was Ronald Williams, a New Orleans police officer who was on a security detail at the Kim Ahn. Antoinette shared this detail, with him and fellow officer Stanley Mollier. It is important to note, that there was no love lost between Antoinette and Williams. In fact, Stanley Mollier testified in Antoinette's trial that she threatened to "take him (Williams) out." Antoinette felt that they were sabotaging her with the restaurant owners and cheating her out of her share of details. These details were important at that time, because the New Orleans Police Department was one of the most under paid forces in the country. Antoinette made approximately $8.65 per hour as a beat cop, while she made $35.00 per hour working security at the restaurant. It's also no surprise to note that Internal Affairs was investigating the mass amount of police corruption that was taking place at that time.

In my opinion this high profile case is one of lies, deceit, and police corruption at the very least. Antoinette Frank is the only police officer ever convicted of killing a fellow officer in the history of the United States. Needless to say, the media attention was enormous, and much of what was reported was erroneous or misleading. What do you think the probability was of jurors in Rogers' trial not being negatively influenced by all the publicity? The judge, nonetheless, denied the defense's motion for a change of venue. It seems virtually impossible that Rogers could have received a fair trial under these circumstances. 

While working her scheduled beat, Antoinette called the restaurant several times requesting to work the security detail that evening. Each time she was informed that Williams was working. After she got off duty around 11:15pm she first stopped at home to change clothes. Then she went to pick up Rogers at his home. From there, they proceeded to the Kim Ahn, where Rogers remained in the car while Antoinette went inside to get sodas. They left the restaurant about 11:40pm with plans of going to a midnight movie at a nearby plaza, upon arrival, however, Antoinette decided to skip the movie and go back to the Kim Ahn to eat.

They got back to the restaurant at roughly 12:00am. Their food was ready and in a carryout container when they got there. Antoinette and Rogers sat at a table and began to eat their meal. Rogers wanted to leave shortly there after because an employee was sweeping the floor near their table. Antoinette dropped Rogers off at his home around 12:20am.

Within 10 minutes of arriving at home Rogers contacted his brother. Around 12:40am they left together to pick up a female friend. The three of them went to a local pool hall, where they remained until about 2:00am.

No one knows exactly what Antoinette was doing during this time; though, before the crime, Rogers made several unsuccessful attempts to contact her via their cell phones. At approximately 1:35am Antoinette Frank returned to the Kim Ahn Restaurant with at least one accomplice. The state asserted this was Rogers LaCaze.

Although, Rogers was unsuccessful in reaching Antoinette via their cell phones at 1:44am, he did make contact with her at 1:49am, only one minute after the first 911 call reporting the crime. Rogers and his brother dropped the young lady off at her home at approximately 2:10am.

One of the three survivors was only identified by her first name and was not subpoenaed to testify at the trial. According to Chau, Antoinette Frank came back to the Kim Anh the third time backing her car into a parking spot in the front lot. She approached the front door and shook it, attempting to get in, but the door was locked. Chau was screaming, "Don't open the door! Let me hide the money!" Chau was concerned that Antoinette had come back yet another time, so she ran to the back to hide the money in the microwave oven. When Chau went back toward the front of the restaurant, she was met by Antoinette who was rushing at her and her brother Quoc and pushing them back into the kitchen. With all the commotion going on, it remains to be seen how a trained police officer who was working a security detail in that very restaurant, would not have attempted to intervene.

Everyone except Ronald Williams and his assailant were in the kitchen when the first round of shots was fired. No one saw who shot Ronald Williams. No one even saw who came in behind Antoinette Frank.

After Antoinette heard the shots, she ran into the front. Chau, Quoc and another employee used this opportunity to escape, hiding in the walk in cooler. Two of Chau and Quoc's siblings remained in the kitchen. Antoinette returned to the kitchen with a black male and began rummaging around, as if looking for something. Chau and Quoc heard several more shots being fired. Antoinette later confessed to killing their brother and sister.

Shortly there after, Antoinette and her accomplice left the scene. Chau waited until she saw Antoinette's vehicle leave before she ventured out of hiding to attempt to call 911. The nervous girl was unable to successfully reach 911, so she called a friend and had them call on her behalf. Immediately after, Quoc left the Kim Ahn and called 911 from a nearby friend's house.

According to the State, Antoinette left the Kim Ahn and took Rogers to his home on Cindy Place. Following their scenario, Antoinette proceeded to the 7th district police station on Dwyer Rd. We do know that she traded her personal car for a squad car and returned to the scene of the crime. She arrived there shortly before the first police officers arrived in response to the 911 call. However, the State's theory falls short, because it is highly unlikely that it happened like that. The first 911 call was made at 1:48am. We know that the first police unit to respond was at 1:52am. Cindy Place is 3.4 miles from the Kim Ahn. The 7th district police station is 1.6 miles from Cindy Place, and the 7th district is 2.5 miles from the Kim Ahn Restaurant. Total miles traveled, according to the state, is 7.5 miles.

We know that Antoinette went inside the police station and had a conversation with the desk officer about where she could find keys to a squad car. He pointed her toward the back of the precinct where she located them hanging on a key board. We also know she was inside the Kim Ahn Restaurant before 1:52am. So considering that Antoinette was driving a broken-down 20-year-old Ford Elite on city streets, it hardly seems possible that she drove in excess of 112 miles per hour the entire way. Also, according to their theory, it does not take into account the time it took to drop Rogers off nor go into the police station to get the keys to a squad car. With all that she still managed to make it back to the Kim Ahn well before the first police officers arrived on the scene at 1:52am.

Only 39 minutes after the murders someone used Ronald Williams credit card to purchase gas (pay at the pump) at a self-serve station. Detectives approached the attendant 24 days later and led him into an identification by asking, "Do you see anyone in these pictures you know?" The attendant knew Rogers because he had recently gotten into a heated argument with him after he had made improper sexual innuendoes toward Rogers' lady friend. He certainly had a motive to want to see Rogers behind bars the rest of his life. He identified Rogers as someone he knew, though he stated he didn't know his name. Even so, he acknowledged that he had repeatedly allowed Rogers into unauthorized areas of his workplace. His alleged story 24 days later was that he had seen Rogers pumping gas with an unidentified female passenger with shoulder length hair. If this were true, then who was this unknown female? Antoinette was still at the scene of the crime. And if this attendant had truly seen Rogers, then why didn't he immediately notify the police? After all, Rogers' picture was all over the newspapers and television.

Rogers was at his brother's place watching t.v. when he received a page from his mother. After calling her, he discovered that the police wanted to question him. Rogers spoke with one of the officers and gave him directions to where he was located. They picked him up a short time later and drove him to the police station, arriving at around 4:00am.

Four police detectives played their usually game of attempting to make Rogers sweat before trying to interrogate him. When they finally approached Rogers and questioned him, they were not satisfied with his responses. They repeatedly told him they did not want him to confess to shooting anyone; they just wanted him to place himself at the scene of the crime. Rogers insisted that he absolutely did not participate in this crime in anyway. The detectives became angry and began brutalizing him. Three of the officers watched while the African American detective randomly punched, slapped and kicked Rogers for several hours. After tracing an imprint of Rogers' shoe one of the officers hit him in the head with it. He was also repeatedly smacked in the face with a phonebook. 

The beating worsened after Rogers' hands tested negative for gunshot residue. One detective stated, "We know you ain't the shooter, mother fucker. Give us the fucking shooter.' They made Rogers kneel on the floor while his hands were cuffed behind his back. Each time he failed to answer a question to their liking they kicked him in his buttocks.

One of the detectives even left the room after the black detective pulled out a 9-millimeter hand gun. He showed Rogers that the gun was loaded and said, "Put your hands up." Rogers asked why. The detective replied, "You said your cuffs were too tight didn't you?". Rogers said, "No." Then the detective said, "Yeah you did and when I went to loosen them you, reached for my gun."

At this time the detective turned off the lights and placed the barrel of the 9-millimeter hand gun to Rogers' forehead. Fearing for his life, at 8:50am Rogers told them what they wanted to hear. Though Rogers never confessed to shooting anyone, he was coerced into saying that he was at the scene of the crime.

An Orleans Parish Prison nurse examined Rogers after he was beaten into making a false statement. She told Rogers during the examination that she would be willing to testify on his behalf. The defense subpoenaed her and was planning to question her as to the extent of his injuries. When she was called to testify the court was informed that she was en route, but for some unknown reason she was never recalled.

Additional points not addressed in the media:
1) Rogers had 4 alibi witnesses who place him somewhere else at the time of the homicide.
2) Though gunshot residue testing was done on Rogers' hands during interrogation, the negative results there of were never submitted as evidence.
3) Rogers clothing was free from gunshot residue and blood, even though Williams was shot at a distance of 18 inches or less.
4) Though the crime scene was very gory none of the shoe prints at the scene matched Rogers'. 
5) The murder weapon and Williams credit card was never recovered.
6) The year this crime occurred was the worst year for corruption in New Orleans. There were at least 10 arrests within the department in 1995.
Defense attorney, Willie Turk, claimed Ronald Williams was under a federal investigation in connection with unspecified crimes. After defense subpoenaed files from the US Attorney's office and the FBI. Judge Marullo cited Turk for contempt court. He sentenced him to the maximum sentence possible. Unfortunately the courts did not allow any testimony concerning allegations of police corruption.
Rogers was largely condemned by slanted media portrayal before he even stepped into the court room. The reality is much of what happened is secret, hidden, lost or under a judge's gag order, and sadly it simply was unreported by the news media. Unfortunately, they do not regularly convey evidence of police and judicial corruption fearing retribution much like what Willie Turk suffered when he tried to bring the truth to light. This mutual back-scratching between the media, police and judicial system is more common than the average person comprehends. This cover-up is in part why Rogers LaCaze is languishing away on death row for a crime he did not commit.

Postscript:

Rogers has been diligently fighting to get his conviction and death sentence overturned and remanded to a new trial. His post-conviction battle is proving difficult because the court cannot locate his entire transcript. Numerous pages of oral testimony are missing as well as an entire day of audio tapes. According to the Louisiana Constitution, Article I, §19, every defendant has the constitutional right to judicial review based on a complete record of the proceedings. In State v. Ford, 338 So.2d 107, 110 (La. 1976), a second-degree murder conviction in which appellate council did not appear as trial council and the court reporter failed to record the testimony of four state witnesses, voir dire, and the State's opening statement, we held: "Without a complete record from which a transcript for appeal may be prepared, a defendant's right of appellate review is rendered meaningless. In the interest of justice requires that the defendant be afforded a new, fully recorded trial."

Tanya L. Thornton
damnimthiq0675@yahoo.com
http://BattleCryOfInnocence.com


This is Rogers now, age 28.
Please help us free him from
This wrongful conviction.

Questions or comments please email me at
Xjustice4_Rogers@yahoo.com or you can write Rogers personally at:

Rogers LaCaze Sr. #356705
Death Row L-B-5
Louisiana State Prison
Angola, LA 70712

(Editor's Note: See LaCaze's death row listing at www.naacpldf.org/content/pdf/pubs/drusa/DRUSA_Fall_2004.pdf.)


2) Kenny Richey, Innocent Scot on Death Row
www.kennyrichey.org
Kenny Richey
The Kenny Richey Support RibbonIn the early hours of 30th June 1986, a fire started in an upper flat in a Columbus Grove apartment building in Ohio. The flames rapidly spread, engulfing the living room then the hallway before firemen extinguished the blaze.

Minutes later, the body of a child was carried out. Confined in her room, she had died of smoke inhalation.

Hope Collins, the divorced mother of the child, had left her flat, driving off with her boyfriend to spend the night at his house.

It is well documented that Hope regularly left her child unattended, sometimes feeding the child adult sleeping pills before doing so, the Putnam Child Welfare Services contacted her on two occasions regarding her practices that were reported by a neighbor. However, no action was taken.

After the fire, when threatened with arrest for neglecting her child, thereby being responsible for the girl's death,. Hope claimed that she left her child in the care of Kenny Richey, a friend and one of several people who attended a party that occurred on the breezeway between Hope and her participating neighbor's flat before the fire. Hope claimed she asked Kenny to watch her child moments before she climbed into her boyfriend's truck.

Kenny Richey maintains that he did not agree to baby-sit Hope's child because he was too drunk from the party.

Two witnesses were present - Hope's boyfriend and his friend who sat in the passenger seat. Both these men denied hearing Hope ask Kenny to watch her child.

A third witness, a resident of the building, observed from behind her bedroom window. Although this witness heard nothing but roar of the truck's engine that awoke her, she observed Hope climbing into the truck then saw Kenny (who was obviously drunk) stumble from the pavement and collapse in some bushes where he lay for ten minutes. Becoming concerned, this witness testified that she was about to leave her flat to check on Kenny's condition when finally got to his feet and wobbled from her view.

This was the last person who saw Kenny before the fire caused pandemonium in the apartment complex.

Aftermath

Hours later, when Hope Collins was told about the fire and the death of her child, she did not make any comment nor ask the police officer about the whereabouts of any babysitter who she would much later claim had been caring for her child.

Upon arriving at St. Rita's Medical Center in Lima, where her child had been taken, Hope told a Doctor Thomas Dickey that her girl had previously set fires in her flat (although this fact became known to the prosecutor, it was never mentioned during Kenny's trial).
 

MYTHS

1) Hope's daughter Cynthia was never left 'home alone'.

2) Hope never drugged her child, so she could go out and party.

3) Cynthia never started any fires

4) Gas containers (petrol cans) with fingerprints were found at the scene.

FACTS

1) Child Welfare Services contacted Hope on 2 separate occasions in respect to issues surrounding the care of her daughter, Cynthia Collins

2) Hope Collins, drugged Cynthia with a drug called, Adapin.

3) Cynthia started 2 separate fires, each were documented by the same local fire services who attended the fatal fire

4) No gas container, tins of paint or paint thinner were found in the fire's remains. Nor were any containers ever found on the scene whatsoever.

Kenny's Current Address

Kenneth T Richey A194 764
DR MAN CI, cell#2062
PO BOX 788
MANSFIELD
OHIO 44901


3) Leon Benson, Falsely Convicted of Murder in Marion County, Indiana
by Carla Andrews

DEFENDANT’S NAME:  Leon Benson
D.O.B.  1/9/76
RACE:  African American
IDOC# 995256
AGE AT TIME OF CRIME:  22
PROJECTED RELEASE DATE:  2029
DATE OF CRIME IN QUESTION:  8/8/98
VICTIM: Kasey Schoen
RACE OF VICTIM:  White  

RELATIONSHIP TO DEFENDANT:  None.  Leon Benson never even knew what Kasey Schoen looked like until he saw crime scene photos.

ALLEGED OFFENSE:  Ct. I Murder, Ct. II Carrying a handgun without a license (though no gun was found on Leon Benson and the murder weapon was never recovered).

ACTUAL ALLEGATIONS:  The State claimed that Leon Benson did knowingly kill another human being, namely Kasey Schoen, by shooting a deadly weapon, which is a handgun, at and against the person of Kasey Schoen, causing Kasey Schoen to die.

TRIAL:  Marion County, Indianapolis, Indiana.  Commenced May 24, 1999 and ended with a hung jury verdict May 25, 1999.  2nd Trial commenced July 6, 1999 and ended with a guilty verdict on July 8, 1999.

TRIAL JUDGE:  Honorable Robyn Moberly, Judge Presiding, Criminal Division Room #2, Marion County 46204.

PROSECUTOR:  Randy Head, County Bldg, Room 560, 200 East Washington St., Indianapolis, IN  46204.

DEFENSE ATTORNEY:  Timothy J. Miller, 424 East Wabash Street, Indianapolis, IN  46204.

PLEA:  Not Guilty

RACIAL MAKEUP OF JURY:  11 white, 1 black

CONFESSION:  no

ACCOMPLICES:  no

SCIENTIFIC OR PHYSICAL EVIDENCE:  none

CRIME:  On August 8, 1998, between the hours of 2:30 AM and 4:00 PM, Kasey Schoen was shot and killed in his pickup truck, which was parked in front of the Damien Center at the 1300 block of Pennsylvania Avenue, near downtown Indianapolis.  Kasey Schoen had been shot while he sat in the driver’s seat of the truck, with the engine running, the transmission placed in drive, and his foot still on the break.   

A spontaneous declaration was made to police by Christy Schmitt, a newspaper delivery person, shortly after the shooting.  Schmitt said that as she began to fill a paper vending box, she heard three or four “pops” like fire crackers.  She stated that when she looked in the direction of the sound, she observed a black male standing on the sidewalk outside of the passenger side of the truck.  She then asserted that the black male turned in her direction and began to walk towards her, but stopped as he got to the back of the bed of the pickup.  She testified that this black male looked towards her, then turned and walked back to the truck, stopped, and fired two more shots into the truck.  Schmitt stated that she saw the flash from the muzzle of the gun on the last two shots.  She said that the shooter turned south and began walking quickly down the sidewalk, but suddenly broke into a run and cut through the lot to the Damien Center away from the scene and out of view. 

Schmitt went on to state that she got into her vehicle and drove south while dialing 911 on her cell phone, as she watched the truck in her rearview mirror.  She stated that as she passed the lot to the Damien Center, she observed about a dozen black males and females scattering across the lot.  Schmitt states that she reached dispatch upon her second attempt at calling, and then returned to the truck and along with Cheryl King (a bystander) approached to see Kasey Schoen slumped in the driver’s seat.  Cheryl King had also called 911.  Cheryl King also testified that when she asked Christy Schmitt if she saw the shooter, Schmitt said, “No, I couldn’t see his face; all I know is that he had on sweats and a hood shirt.”

Christy Schmitt gave a pre-trial statement stating that while the shooter did not stand fully in the street light, her headlights were illuminating the scene enough that she felt she could possibly identify the shooter if she were to see him again.  She described the shooter as: Black male, dark complexion, early to mid 20’s, 5’8”, skinny build, black T-shirt, baggy dark sweat pants with three white stripes down the side, dark tennis shoes, short hair, possibly no facial hair.

Note that the actual police diagram showed that Schmitt was 147’ away from the victim’s truck!  Also, it was dark and misty when the shooting occurred. 

Note that Leon Benson is 5’10” and has a light complexion.  Also, there was undisputed testimony by Carol Knight that she had seen Benson the night of the shooting and that he was wearing stonewashed blue jeans, a blue shirt with an emblem, and a jacket.

Note also that there was evidence that a man named Joseph Webster (AKA Looney) was seen in the area wearing all black baggy sweatpants with three white stripes down the side.  This same man was reported as having stolen a 380 automatic handgun (the same type of gun that killed Kasey Schoen) from his then girlfriend Latasha Sheppard just three days prior to the murder.  Also note that Joseph Webster was positively identified by Dakarai Fulton as the shooter.  Fulton also stated that Webster was wearing black sweat pants with three white stripes.  However, Dakarai Fulton was not subpoenaed to testify at the trial!

Please note that Detective Jones confirmed at the trial that Latasha Sheppard had reported her 380 automatic handgun as being stolen.

Also note that Christy Schmitt was 29 at the time of the crime, and is a Caucasian female.  (The most frequent misidentifications occur with Caucasians identifying African Americans, with an error ratio estimated as high as 60%.  Eyewitness misidentification makes up 81% of wrongful convictions)

Days after the shooting, Donald Brooks heard from Shirley Gaskin that he was a suspect in the shooting.  After his conversation with Gaskin, he approached lead detective Alan Jones stating that Detroit (AKA Leon Benson) was the shooter.  Six days later, Brooks informed a police officer that “Detroit” was nearby, and Benson was arrested the same night.

Please Note that Donald Brooks was on parole for a robbery conviction, and at the time of the trial he was incarcerated for a parole violation.  Donald Brooks stated at the trial that he had lost his memory of his pre-trial statement.  When asked if he was telling the truth in his pre-trial statement, Brooks answered, “I’m telling the truth now, and I did not see “Detroit” shoot anyone.”  

APPELLANT BRIEF FILED:  May 17, 2000

APPELLANT ATTORNEY:  J. Richard Kiefer 8900 Keystone Crossing Suite 400, Indianapolis, IN  46240

GROUNDS RAISED:  Innocence

 

1.     The trial court erred when it permitted the state to confront its own witness with a theory that the witness was testifying falsely.

2.     The trial court erred in excluding James Hendrix’s testimony as to what could be observed from the vantage points of the states eyewitness.

3.     The trial court erred and committed reversible error and violated Benson’s right to due process when it questioned a witness in a manner which implicated Benson as the shooter, destroyed Benson’s presumption of innocence and in effect, relieved the state of proving its case beyond a reasonable doubt.

4.     The prosecutor committed fundamental error by injecting several evidentiary harpoons into the proceedings when he discredited Benson and his witnesses with prejudicial accusations which were unsubstantiated in the record.

 APPEAL DENIED:  2/15/2002

 PETITION FOR POST CONVICTION RELIEF FILED 1/24/2003, still pending, with representation by an appointed Public Defender. 

 Grounds raised in petition:

      1.     Ineffective Assistance of Appeal Counsel (for failing to raise ineffective assistance of counsel on Direct Appeal)

2.     Ineffective Assistance of Trial Counsel

a.     Failure to object to trial courts erroneous jury instruction

b.     Failure to object to the Judge’s referral to Benson as the shooter during trial.

c.     Failure to object to State’s implication of a drug relationship between Benson and several witnesses when there was no such evidence to establish this.

d.     Failure to object to the State’s reading of Donald Brooks’ unsworn pre-trial statement after Brooks denied the allegations he provided in this statement.  Also, trial counsel failed to object to admitting this unsworn pre-trial statement into evidence after Brooks had adamantly stated at the trial that he did not witness Leon Benson shooting Kasey Schoen. 

e.     Trial counsel discredited his own client and his presumption of innocence when he referred to Benson as the shooter during a closing statement.

f.      Failure to adequately prepare for the trial.

g.     Failure to subpoena the detective who interviewed the State’s eyewitness shortly after the crime occurred, who would have provided proof of the inconsistencies between her original statement and her testimony at the trial.

h.     Failure to subpoena Crime Lab specialist who made the crime scene diagram when there was major discrepancy of distance between Christy Schmitt and victim’s truck. 

i.      Failure to subpoena eyewitness who saw Benson in another location at the time of the shooting.  This witness was present at the first trial that resulted in a hung jury.

j.      Failure to subpoena Latasha Sheppard, who had reported that her 380 automatic handgun was stolen by her then boyfriend, Joseph Webster, three days before Kasey Schoen was murdered.  There were two Crime Stoppers reports connecting Joseph Webster as the murderer of Kasey Schoen.  The gun reported stolen was the same type of gun used in the Kasey Schoen murder. 

k.     Failure to subpoena Dakarai Fulton, an eyewitness to the shooting who gave a pretrial statement and made a positive identification of Joseph Webster as the shooter. Fulton also saw Webster earlier in the day waving a 380 automatic handgun.

l.      Failure to use Expert Eyewitness testimony that would have brought scientific facts on eyewitness testimony to the jury.  This testimony was critical to Benson’s defense in dealing with Christy Schmitt’s testimonial inconsistencies.

3.             Trial court erred in providing a jury instruction that improperly    highlighted the testimony of a single eyewitness affecting Benson’s substantive rights.            

4.             Incredible Dubious Eyewitness:  the unreliability of the testimony of the States sole eyewitness, Christy Schmitt.          

5.             Prosecutorial Misconduct: the State presented testimony it knew to be misleading or false.  The court failed to correct Schmitt’s false testimony when it had discovery evidence that contradicted the testimony she gave during the trial. 

            

                It is our contention that the State failed to provide Leon Benson’s constitutional right to a fair and impartial trial by permitting perjured identification eyewitness testimony, and by not allowing Benson to properly challenge the credibility of the State’s only eyewitness against him.  Furthermore, the State vindictively injected evidentiary harpoons into the trial proceedings against Benson and his witnesses with prejudicial accusations that had no factual foundation within the record, undermining the only exculpatory evidence offered by Benson’s defense.  The ineffective assistance of trial counsel, in alliance with an unfair trial, unjustly made Leon Benson a vicarious liability to a murder conviction and 60 years in prison.  

Please contact us if you would like further information or if you can help assist Leon Benson in his quest for justice.  Thank you in advance for any assistance you can give.

Carla Andrews
PO BOX 672
Jasper, IN  47547
carlaaders@hotmail.com


Leon Benson #995256
W.V.C.F.  A-110
PO BOX 1111
Carlisle, IN  47838


4) Christopher B. Dunn, Wrongfully Convicted, Sentenced to Life in Prison
by Carla Andrews
cbd1.jpg (20480 bytes)
Accused of murder, Christopher Dunn was represented by a public defender who did not utilize witnesses, phone records, crime scene analysis and forensic testing -- all elements that would have proven Chris' innocence.

Chris was convicted solely on the testimony of two State witnesses, both gang members, one of whom received parole instead of prison time in exchange for his testimony. Since then, he has gotten signed affidavits from witnesses claiming to have heard the State witnesses confess that Chris did not commit the murder. Other significant facts follow.

1) The victim, also a gang member, had shot a rival gang member the day before. The high probability of retaliation was not raised by Chris' lawyer.

2) At the time of the murder, Chris was in the company of eight people, blocks away from the crime scene. His lawyer did not make use of these alibis.

3) He was also on the phone with a hospitalized friend at the time of the murder, but his attorney made little effort to contact this friend, and obtained no phone records, nor testimony of the nurses who initially took his call.

4) There was no physical evidence linking Chris to the crime. However, at Chris' trial police produced a gun they claimed was the murder weapon. No ballistics tests were conducted, and the bullets that killed the victim were not matched to the gun.  A t-shirt, which the prosecution said he was wearing during the crime, was never tested for gun residue. Chris' defense made no objection.

5) Chris was convicted as a lone gunman firing three shots. However, the crime scene was littered with many more bullet casings. Witnesses claimed to have heard more than three shots.

Can you help? Do you know of someone who can? Do you have questions about the case? Please write to Chris directly at:


Christopher B. Dunn
181654 3A-211
Jefferson City Correctional Center
8200 Fenceline Rd.
Jefferson City, MO 65101

Appeals, trial transcripts, reports and other documentation is available to anyone who may be willing to help Chris' case. Media attention is encouraged. Chris is willing to be interviewed, as is the webmaster and many of his other supporters.

At his appeal stage, Chris' counsel was promoted, abandoning him to new counsel who did not even request an extension to become familiar with Chris' case.Chris filed his appeal pro se, with no legal training. He made mistakes -- the motion was long and sometimes difficult to understand, and was summarily denied.

Can you help Chris by contributing to the Christopher Dunn Defense Fund? Any amount helps!
www.christopherdunn.org

Update! Christopher Dunn has obtained more evidence that proves he is innocent of Recco Rogers' murder. The victim's autopsy records show that the killing shot could not have possibly been fired from where witnesses claimed the killer, whom they identified as Christopher, stood. Witnesses say the killer stood and shot from the victim's right front side, 13 feet from the seated victim. However, the killing bullet entered the lower back left side of the victim's head, traveling upward to rest in the upper right brain.

Also, Christopher has located three witnesses that were never contacted by his defense attorney. Another new witness is willing to testify, and has written and signed an affidavit. The victim's older brother also witnessed the crime, but was not called to testify. In addition, Christopher possesses two audio tape transcripts that clearly contradict two witnesses' police report statements. Please contact Christopher for copies of documentation and more information.


5) INNOCENT DUTCH CITIZEN WRONGLY IMPRISONED IN UNITED STATES NEEDS YOUR HELP!
by the Committee to Free Harry Bout

Dear Madame, Sir,

Harry Bout is a Dutch national who has been incarcerated in a Michigan State Prison since April 5,1985. Harry was falsely accused, and wrongly convicted of first degree murder even though the evidence against him did not support such a conviction. Please see the photographic proof of Harry's innocence that the jurors were not allowed to see at his trial, at website:

http://www.geocities.com/freeharrybout
http://www.injusticeline.com/bout.html

 For the more detailed information about Harry's case, please see the Factual Background Section of the Harry Bout. case at: http://www.innocencedenied.com.

Harry was sentenced to life in prison without the possibility of parole for a crime he could not nave committed and he has no current prospects to live any part of his life outside prison walls. In addition to problems surrounding the facts underlying Harry's conviction Harry's rights, and those of the Dutch Government, under the Vienna Convention, were also vio1ated. As a consequence, the defense of Harry's case was not of the quality that he would have had if the Dutch Government had been allowed to intervene and assist on his behalf. Thus far, the judicial system has ignored Harry's requests for a new trial and has minimized the importance of the treaty violations.

 Harry did not commit murder and he is dedicated to proving his innocence and returning home to The Netherlands. However, to accomplish this goal Harry needs financial assistance to pay lawyers and other legal costs. Any amount of money that you can provide for ms benefit would be helpful. Donations may be made to:

Committee to Free Harry Bout
1125 Progress Avenue
Lincoln Park, Michigan 48146 U.S.A.

We appreciate any financial contribution that. you can provide in the struggle to prove Harry's innocence so he may return home to the Netherlands. We also appreciate any ideas or advice to bring attention to the website information. This is extremely important to us.

 Sincerely yours,
Committee to Free Harry Bout


6) Petition to Free Michael Mouncer
by Susan Christen
 
I had a dream...
 ...to make an ill, marvelous, old man happy. Now he  left us, but the dream has remained:  that his son, my Sweetheart, comes home soon.

Merl Moncer fought almost 13 years against the unfair condemnation of his son Michael. Even when his physical strength decreased, he did everything to help and to support him.

Michael was prosecuted  by Florida State Attorney Timothy F. Kelly (soon afterwards he was fired) of the 6th Judicial Circuit of Pinellas County, because he sold  some, alleged stolen old car parts (what was never checked or proved). No one killed, or raped, or hurt. His lawyer, a green divorce lawyer, had no experience with criminal cases and so he was sentenced to 30 years because Michael did not agree with the suggested 17 years.

Michael is a lovable, sensitive man. When he was condemned on April 23rd, 1991, he was a young man, today he stands in the middle of his life and belongs for a long time no more in prison. We love each other from whole heart, we want to marry and grow old together. Please, help me to release Michael. Please sign my petition and forward it to all your contacts.  

Many thanks!
God bless you
,
Susan Christen

The Story:
Michael has now been in prison since April 23, 1991. He was only 25 years old when he was vindictively prosecuted by Florida State Attorney Timothy F. Kelly of the 6th Judicial Circuit in Pinellas County Florida.

Michael was an avid Mustang collector and restorer for years. Michael traded an old Mustang transmission for the parts and the day he left home to trade, Michaels father have told him to get the transmission out of the garage and he said:“ Don’t worry Dad I'm trading it today".

A guy named Jerry called and wanted to talk to Michael, but Michael was not at Home. So father Moncer gave Michael the message. And Jerry called back a little later. He traded the transmission and Michael was arrested later for attempting to sell the parts he had traded for. The transmission according to Mike was worth as much or more than the car parts. He traded the transmission for the car parts because this was the only person who was interested in it.

Attorney Timothy F. Kelly tried to convict Michael once before this case and lost so he was out to get Mike and this was the time that the Habitual Offender sentencing was being used so much. Michael was in a youthful offender camp when he was 17 and just a few months away from the 5 year statute to try him as Habitual. In Florida if you get into trouble twice within 5 years you can and more often than not be sentenced as a Habitual Offender, so we have a 2 strikes and you’re out policy here. That is why Attorney Kelly made it a point to Railroad Michael on this present dealing in stolen property offense during the 1991 trial. Later, Michael was arrested for the used automotive parts. Timothy F. Kelly now says to himself, “I’ve got him now” and demands a 30 year NON-VIOLENT Habitual Sentence after Michael is found guilty of selling the stolen automotive parts but NOT GUILTY of Grand Theft of the parts. This is a case about Personal Pride on the State Attorney’s part, not a Professional Duty to serve the People of Florida. Furthermore, Michael WAS NOT on probation at this time.
The vindictiveness in this case is overwhelming. Consider the fact that Attorney Kelly was seeking a sentence of 7 years NON-HABITUAL on the 1989 offense, of which Michael was found NOT GUILTY by Trial by Jury. Michael has never had one act of violence. His problems are all related to petty theft. And now he demands a 30 year NON-VIOLENT Habitual Sentence!

The used automotive parts were some old parts that Michael had received in a trade. Michael would have had to know the parts were stolen in order to find him guilty of dealing. Florida Law states that one knows or should have known the property was stolen for a finding of guilty in dealing in stolen property. The Judge, Horace A. Andrews stated that Michael should have known they were stolen. But Michael was found not guilty of stealing these parts. How many of us go to Flea Markets, Garage Sales and auctions everyday and purchase property that may in fact be stolen? The only way to know if it is stolen would have to be told or to have stolen the property themselves. Michael was neither told it was stolen, nor did he steal it.

Michael had a Court Appointed Divorce Attorney (not to be confused with a Public Defender) to represent him, who probably knew less about criminal law than most of us. He was appointed just two months before the trial with no time to prepare a defense and not enough experience to ask for a continuance to prepare. Or the Court Appointed Attorney did not want a continuance because the State only paid him $910 to defend Michael in a 30 year criminal case and he did not want to spend very much time on it. On the other hand, State’s Attorney Kelly, a seasoned Criminal Prosecutor with many convictions under his belt, looked at them as sitting ducks. Now knowing, that he would finally get his vindictive revenge against Michael, for the trial that he lost before. However, the Court feels that they provided Michael with adequate Representation.

Michael is in his 14th year of imprisonment with a release date of 2012, with gain time off for good behavior. His Institutional record speaks for itself. For 13 years he has been Outstanding in all aspects of his confinement. He has had all outstanding, above average, exemplary etc. progress reports and has been told by many prison Officers and Officials that he is rehabilitated and does not belong in prison any longer. But most of these people are afraid they may lose their jobs if they were to show an interest in helping Michael.

This measure of punishment is unfair and inhumane. 13 years Prison is enough.

Michael is 39 years old now and he stands in the middle of his life. He could be a useful member of our society. But his days, weeks, months and years melt away behind grey walls. Michael's life becomes senseless wasted!

Liberty and Justice for Michael M. Moncer (Petition):

To: Governor Jeb Bush:

Michael Moncer has been locked up for 13 long years in a Prison in Florida. He was 25 years old when he was prosecuted by Florida State Attorney Timothy F. Kelly of the 6th Judicial Circuit in Pinellas County Florida. The prison sentence length: 30 Years, for trading an old Mustang
transmission for some other parts. When he tried to sell them, it was discovered they were stolen.

The prosecutor NEVER proved that Mike knew that they were stolen. Mike had a court appointed divorce attorney to represent him.

Michael was already prosecuted in 1989 by Mr. Kelly but the jury found him NOT GUILTY.

Perhaps this is the reason why Mr. Kelly wanted to take revenge and convict Michael to 30 years of prison…for dealing in stolen property!!!

This measure of punishment is unfair and inhumane. 13 years Prison is enough.

Michael is 38 years old now and he stands in the middle of his life. He could be a useful member of our society but his days, weeks, months
and years melt away in a grey prison. I'm very sad because Michael's life becomes senselessly wasted.

In my opinion Michael has served his sentence! I hope this is also YOUR opinion and you sign for Michaels Liberty and Justice!

Sincerely,
The Undersigned 

http://www.petitiononline.com/060492dc/petition.html
http://www.freedom4michael.ch.vu
freedom4michael@gmx.ch


Please write to:
MICHAEL M. MONCER 233767
Sumter C. I. F-2109-L
PO Box 667
Bushnell FL
33513-0667


7) Dr. Mutulu Shakur. The Struggle to Free a New Afrikan
www.mutulushakur.com

Date of Birth: August 8, 1950
Nationality: New Afrikan
Incarcerated at: Atlanta, GA

Dr. Mutulu Shakur is a New Afrikan (Black) man whose primary work has been in the area of health. He is a doctor of acupuncture and was a co-founder and director of two institutions devoted to improving health care in the Black community.

Mutulu Shakur was born on August 8, 1950, in Baltimore, Maryland as Jeral Wayne Williams. At age 7 he moved to Jamaica, Queens, New York City with his mother and younger sister. Shakur's political and social consciousness began to develop early in his life. His mother suffered not only from being Black and female, but was also blind. These elements constituted Shakur's first confrontation with the state, while assisting his mother to negotiate through the maze that made up the social service system. Through this experience Shakur learned that the system did not operate in the interests of Black people and that Black people must control the institutions that affect their lives.

Since the age 16, Dr. Shakur has been a part of the New Afrikan Independence Movement. As a part of this movement Dr. Shakur has been a target of the illegal Counterintelligence Program carried out by the Federal Bureau of Investigation (COINTELPRO). This was a secret police strategy used in the U.S. starting in the 1960's to destroy/neutralize progressive and revolutionary organizations. It is believed that Dr. Shakur's resistance to this program led to his arrest and trial.

During the late sixties Dr. Shakur was also politically active and worked with the Revolutionary Action Movement (RAM), a Black Nationalist group which struggled for Black self-determination and socialist change in America. He was also a member of the Provisional Government of the Republic of New Afrika which endorsed the founding of an independent New Afrikan (Black) Republic and the establishment of an independent Black state in the southern U.S. Dr Shakur also worked very closely with the Black Panther Party supporting his brother Lummumba Shakur and Zayid.

In 1970 Dr. Shakur was employed by the Lincoln Detox (detoxification) Community (addiction treatment) Program as a political education instructor. His role evolved to include counseling and treatment of withdrawal symptoms with acupuncture. Dr. Shakur became certified and licensed to practice acupuncture in the State of California in 1976. Eventually he became the Program's Assistant Director and remained associated with the program until 1978.

From 1978 to 1982, Dr. Shakur was the Co-Founder and Co-Director of the Black Acupuncture Advisory Association of North America (BAAANA) and the Harlem Institute of Acupuncture. Where, at Lincoln, Dr. Shakur had managed a detox program recognized as the largest and most effective of its kind by the National Institute of Drug Abuse, National Acupuncture Research Society and the World Academic Society of Acupuncture, at BAAANA he continued his remarkable work and also treated thousands of poor and elderly patients who would otherwise have no access to treatment of this type. Many community leaders, political activists, lawyers and doctors were served by BAAANA and over one hundred medical students were trained in the discipline of acupuncture.

By the late 1970's Dr. Shakur's work in acupuncture and drug detoxification was both nationally and internationally known and he was invited to address members of the medical community around the world. Dr. Shakur lectured on his work at many medical conferences, and was invited to the People's Republic of China. In addition in his work for the Charles Cobb Commission for Racial Justice for the National Council of Churches he developed their anti-drug program.

Dr. Shakur has furthermore been a dedicated worker and champion in the struggle against political imprisonment and political convictions of Black Activists in America. He was the founding member of the National Committee to Free Political Prisoners. He has been a leader in the struggle against the illegal U.S. and local American law enforcement programs designed to destroy the Black movement in America and has worked to expose and to stop the secret American war against its Black colony.

Through his political work, Dr. Shakur has been associated with the Committee to Defend Herman Ferguson, a Black activist and educator charged with conspiracy in the RAM conspiracy case of the 1960's; the National Task Force for COINTELPRO Litigation and Research, which researched and initiated suits against the FBI and American law enforcement agencies for criminal acts, spying and counter-insurgency warfare tactics; and the National Conference of Black Lawyers. He has also endorsed support for the legal defense of political prisoners and prisoners of war, including Imari Obadele, Ph.D., Rev. Ben Chavis, Geronimo (Pratt) JiJaga of the Black Panther Party, and Assata Shakur and Sundiata Acoli of the Black Liberation Army.

In March 1982, Dr. Shakur and 10 others were indicted by a federal grand jury under a set of U.S. conspiracy laws called "Racketeer Influenced and Corrupt Organization" (RICO) laws. These conspiracy laws were ostensibly developed to aid the government in its prosecution of organized crime figures; however, they have been used with varying degrees of success against revolutionary organizations. Dr. Shakur was charged with conspiracy and participation in a clandestine paramilitary unit that carried out actual and attempted expropriations from several banks. Eight (8) incidents were alleged to have occurred between December 1976 to October 1981. In addition he was charged with participation in the 1979 prison escape of Assata Shakur, who is now in exile in Cuba. (the question of Dr. Shakur being charged with participation when in fact they alleged he masterminded her escape creates the true fact of cointelpro).

After 5 years underground, Dr. Shakur was arrested on February 12, 1986.

Dr. Shakur is the father of six children. His son Tupac was assassinated in 1996. He has solid evidence that it was a continuation of COINTELPRO. The F.B.I., the Federal Bureau of Prisons with law enforcement made every effort to keep him separated from his son Tupac.

LEGAL CASE: Basic Facts:

Arrested: February 12, 1986

Charges:
Conspiracy to aid bank expropriation, Dr. Shakur was charged under the U. S. conspiracy laws known as "Racketeer Influenced and Corrupt Organization" or 'RICO' laws (8 counts). The U.S. government alleged that Mutulu's political associates constituted a racketeering enterprise. Aiding in the escape of Assata Shakur (Joanne Chesimard)

Jurisdiction:
U.S. Federal Court

Disposition:
Conviction on all counts - 60 years imprisonment.

Case Status:
Fighting a parole board decision of another parole hearing in 15 years; filed a 2241 habus corpus motion, pending judicial decision in 11th circuit.

HUMAN RIGHTS VIOLATIONS

1. Evidence, which was illegally seized, was allowed to be presented by the prosecuting attorney.
2. Explosives were allowed to be presented in evidence despite the fact that there were no bombings charged against Dr. Shakur.
3. A sitting juror was re-admitted after confessing to having discussed the case outside the jury room with an embittered x-juror which is a human rights violation.
4. Despite the juror's admission of having discussed the case outside the jury room, the judge refused a thorough inquiry.
5. Evidence used to convict Dr. Shakur was seized from the alleged home of Marilyn Buck. There was no proof to link Dr. Shakur to the evidence used against him.
6. The U.S. government presented testimony of a paid informant who claimed to have participated in the actions for which Dr. Shakur was indicted. Tyrone Rison received $110,000 in material benefits and a reduced sentence for his testimony. He is presently released from prison.
7. Dr. Shakur submitted a Prisoner of War petition stating the nature of the charges against him coupled with his years of resistance to political oppression required that his case be heard before an international court. The judge denied the motion.
8. The Court allowed prosecutor to put before the jury Dr. Shakur's Prisoner of War (P.O.W.) claim without allowing Dr. Shakur to present any evidence and without the Judge instructing the jury as to the law.
9. In his sentencing statement Judge Charles Haight conceded that Dr. Shakur was illegally targeted by the FBI's Counterintelligence Program.

The Criminal Charges
In reference to discussing Mutulu Shakur's criminal case, three matters tell the real story:

1. For years before the indictment Dr. Shakur was a target of the F.B.I. and other police agencies, and was Subject to their illegal acts as he exercised his constitutional rights as an activist in the Black movement. Thus the trial judge found that

"Dr. Shakur while exercising constitutional liberties was illegally pursued by federal law enforcement officers."

and further: 

"the rights of Dr. Shakur ... were violated by the COINTELPRO program."

The COINTELPRO program was a program initiated by the F.B.I. to neutralize leaders of the Black movement.
2. The government tried desperately to get hard evidence of Dr. Shakur committing a crime - but there was none. The government's case consisted of 115 witnesses and 532 exhibits. It utilized its technical and scientific resources in an effort to obtain evidence against Dr. Shakur, including electronic telephone interceptions, electronic eavesdropping at premises, fingerprint searches and hair and blood analyses. It conducted searches of no less than twelve premises, examining and analyzing everything and anything in those premises. The result of all this vast governmental search for evidence was a striking absence of any evidence at trial connecting Dr. Shakur with the charged criminal conduct:
* No evidence from any electronic telephone interceptions;

* No evidence from any electronic eavesdropping at premises;

* No evidence of any fingerprint of appellant Shakur on any weapon represented by the government to be involved in any of the charged crimes;

* No evidence of any fingerprint of appellant Shakur at any crime scene;

* No evidence of any fingerprint of appellant Shakur on any immovable object at any house alleged to have, been used by the charged criminal enterprise;

* No evidence of any hair of appellant Shakur at any crime scene;

* No evidence of any fingerprint or hair of appellant Shakur on any vehicle alleged to have been used by the charged criminal enterprise;

* No eyewitness identification of appellant Shakur at any crime scene by any third party;

* No evidence indicating ownership or possession by appellant Shakur of any weapon represented by the government to be involved in any of the charged crimes.

In fact, the government's case rested upon one witness, Tyron Rison, who, the government conceded murdered a guard at a Bronx bank robbery, and whose deal with the government resulted in his release from prison after six years in jail.
3. The political context of the charges and trial was admitted by everyone. The prosecutor told the jury it was "political views which motivated" the charged acts. The Court of Appeals, which affirmed Dr. Shakur's conviction, described him as participating in a group “organized in the mid-1970s to further its conception of the Black struggle in America.” Yet, the political context was ruled irrelevant in determining what the prosecution against Dr. Shakur was really aimed at or what Dr. Shakur was really about while being accused of criminal acts.

To write to Mutulu use the regular address:
Mutulu Shakur #83205-012
601 McDonough Blvd SE
Atlanta, GA 30315

Family and Friends of Mutulu Shakur
P.O. Box 3171
NY, NY 10027
(212) 631-1078
MutuluShakur@hotmail.com


8) My Brother Was a Blood Cow for the Arkansas Department of Correction
by Linda Tant Miller
This was my beloved brother, Robert B. Tant, Jr., (Bud). He was an inmate at the infamous Cummins Unit of the Arkansas Department of Correction, where plasma from inmates was harvested and sold for the production of medicines.

Bud had hepatitis B and C but didn't know it. However, according to John Byus, Medical Administrator of the Arkansas Department of Correction THEY knew it - and yet they harvested his plasma and that of other inmates they knew to be infected with hepatitis, HIV and every other blood-borne disease known to man.

They sold this plasma, knowing that it would be pooled in vats containing hundreds of gallons of plasma which would also become infected, and then be processed into blood-based medicines such as cryoprecipitate, as well as Factors 8 and 9, all of which are used to control hemorrhages. The blood clotting medicines were not heat-treated to kill pathogens, as were other human plasma-based medicines such as gamma globulin and serum albumin, so when clotting agents were administered to millions of hemorrhaging patients, they were infected with deadly blood-borne diseases.

As of 1999, the World Health Organization estimated that at least one million people throughout the world - including the USA - had been DIRECTLY infected with hepatitis and/or HIV through use of blood-based products made from human blood plasma, milked from prisoners. The WHO didn't speculate on how many cross-infections might have occurred from this primary victim base, and was also unaware at that time that as many as 3,000,000 young mothers and infants in Japan may have become infected with these deadly viruses through infusions of cryoprecipitate administered to control excessive bleeding during childbirth.

However high the numbers presently directly or indirectly infected through plasma originating in the Cummins Unit of the Arkansas Department of Correction, the toll will continue to grow exponentially until science finds vaccines against or cures for the plague unleashed on the planet by the Arkansas Department of Correction.

The evil men responsible for this global atrocity counted on the victims to die quickly, without ever knowing how they had been infected. When advances in medical science spoiled that plan, they counted on the world not to care.

Visit the website to learn more about the exportation of sickness and death from Arkansas prisons, which were characterized by Supreme Court Justice John Stephens as a "dark and evil world", and learn more about the monsters who still profit from this and many other crimes and injustices.

Please let them know you care.

NOTE THE BRUISING ON HIS SIDE WHERE HE WAS ASSAULTED BY A GUARD THREE WEEKS PRIOR TO HIS DEATH WHEN HE FELL AND WAS UNABLE TO RISE ON COMMAND. IN THE ASSUALT HIS RIB WAS BROKEN, CAUSING HIM TO CONTRACT PNEUMONIA DUE TO REDUCED BREATHING CAPACITY. WHILE SHAKING VIOLENTLY DURING ACUTE RESPIRATORY DISTRESS A FEW DAYS AFTER HIS RIB WAS FRACTURED A "NURSE" AT THE DIAGNOSTIC UNIT SLAPPED HIM IN THE HEAD FOR SPILLING JUICE SHE HAD GIVEN HIM TO TAKE A PILL WITH. THE LUMP ON HIS STOMACH IS FROM HERNIA SURGERY AFTER WHICH HE WAS NOT PROVIDED MEDICATION FOR NAUSEA. IN THE THROES OF VIOLENT VOMITING HE RUPTURED INTERNAL STITCHES AND DIED WITH THE RESULTANT, MUCH WORSE HERNIA

Linda Tant Miller
8611 270th Ave., E.
Buckley, WA 98321
lcmiller@tx3.net
http://geocities.com/bloodcows


9)
Rudy Delgado’s body was misplaced by Texas Dept. of Corrections for almost a week in May of 2000. At the family’s insistence and with the help of a funeral home in Dallas, the body was located and brought back home. These photos were taken by the horrified funeral director to show the family why Rudy’s casket could not be opened at his funeral. The funeral director tried in vain to restore his face but had to give up. One of his eyes was not even located. The face was disfigured to the point that it was hard to even tell his face from the back of his head. The first photo shows that his face was ripped off his skull, only his throat is visible.

Rudy was forty years old. According to a news story about Rudy's murder, it was witnessed by 26 prisoners and two Correctional Officers. What was done to Rudy took time to accomplish. The fact that this atrocity occurred in front of two officers who let it happen makes Texas Dept. of Justice as much responsible for his death and mutilation as is the perpetrator.

Rudy's family feels that distribution of these photos may help justice to be served for Rudy and for the others in his situation.

Please click the top button on this page (www.geocities.com/prisonmurder/rudy_delgado.html) to send a message to the Governor of Texas and ask him to investigate Rudy's brutal murder while guards stood and watched. Ask him to STOP PRISON MURDER.

Thank you.


10) Retaining Prisoners After Parole

April, 26, 2004
Keith,

Hello. My name is Raymond Stephens an inmate at Cummins Prison in Arkansas. I’m a pen pal with Ms. Leonna Abraham Brandao. There a problem with the prison system here in Arkansas. I was gave a 15 year sentence for kidnapping also I have 5 years for sexual abuse and 5m for stalking. The last 2 were ran cc. That way the only thing that I’m doing time on is the kidnapping.

Last year when I went up for parole I got turned down for another year even with this being my first time in prison. Here is the problem. I go up for parole this year I make it but I have to take a program called R.S.V.P. It will take another year after making parole to complete this program. I started back in 2002 trying to get into this an I have been turned down every time I have tried no matter what I said or admitted I was still turned down. I have the paperwork to show this. When someone come into the prison system in Arkansas the people in charge know what program an inmate needs to take before they can have parole. But no one will be put into these programs until after they make parole. That way the prison can hold an inmate from 90 days to a year or more after they make parole! This is in order to make more money off that inmate while at the same time telling the free world people that the prisons are over-crowded so that A.D.C. can get more money from the state and the free world! There are people sitting here at Cummins that made parole a year to two years back. But A.D.C. will not let them go! The spokesperson for A.D.C. said that parole was a privilege, not a right, according to the state of Arkansas, prisoner has no rights!

There is a lot more I could tell you but I didn’t want to take up a lot of your time.

Raymond Stephens #120187
P.O. Box 500
Grady, AR 71644

April 8, 2005
Mr. Anderson,

How are you? I keep sending things to you and Ms. Brandao, but I never see anything being done or anything in print. I sent a package with my official case papers from the Union County Courthouse. This paperwork shows where In got screwed on two different ends. They changed one of my charges from Misdemeanor-Violation of Order of Protection to Felony Stalking, 2nd degree. Neither is true because, as the witness stated, the victim, Amanda Watson, pulled up in the drive to Bobby Bells, I was already there.

This was my property. Bobby Bell lives in my rent house. My mother and I own the house and land. I received 5 years for this. When I explained this to my attorney, he said we could beat the stalking charge but there was no need fighting it because it wouldn't make a difference. But it did.

When I went up for parole, I was given a one-year denial for multiple counts, which I wouldn’t have gotten if I didn’t have this extra charge! I sent all the paperwork to New Vision Organization and asked for help with getting this off my record and filing a lawsuit, or at least an attorney that will help me get this taken care of, because after coming to the ADC, nothing has been done right in my case, and I have no money or anyone that will help me. That is why I have been writing you people and sending paperwork on my case to you.

Please get me some help. The prosecutor in my case, Mr. Jack Wroy, has done similar acts to other cases and has since been relieved of his duties as prosecutor for the District of Union County. I read this in the news because of his messing with the cases. I don’t see how he changed mine like he did.

Thank you,
Raymond Stephens #120187
P.O. Box 240
Tucker, ARK 72168-0240
 

Slave Wages

August 29, 2004
Hi,

 I decided that I have waited long enough to write. Here at Cummins unit and the rest of Arkansas Department of Correction there is something bad going on! The inmates at A.D.C. are in a slave camp. If we don’t work for the prison free, then we are put in the hole for 30 days and get anywhere from 3 to 6 months added on before we are allowed to go up for parole. Other prisons in the U.S. pay inmates something for all the work and money they are making the prisons, but Arkansas don’t pay us or gave us good time or anything else. If someone from outside the state start checking into some of the things that Arkansas is doing against us maybe something would get done to help inmates!

There is an outside bathroom with a top on it and some inmates stand close to the bathroom for shade when on yard call. There was a note from the warden to all inmates if we keep standing in the shade of the bathroom he will have the top taken off. *Here is a clipping from out of the newspaper about what A.D.C. is going to do to us. Please tell the people and show this clipping. I need a lawyer but don’t have the money to afford one. Is there anyone that can help me because I would like to file a law suit against the Arkansas Department of Corrections. Also, people that are on disability out in the world are being forced to work in A.D.C. The state has given a person disability because they are unable to meet the work requirements outside prison but they get to prison and the rules change!

Raymond Stephens #120187
P.O. Box 500
Grady, AR 71644

*Article was included—from Arkansas Democratic-Gazette, August 28, 2004

December 20, 2004

 Raymond Stephens, age 39, Black single male living in Tucker unit in Arkansas. I have a 15 year sentence for kidnapping, sexual abuse, and stalking according to the laws in Arkansas. The woman is question was my live-in girlfriend for 5-1/2 to 6 years. We have a child together. She got sprung on crack-cocaine and that is not all.

I was to do 30 months before parole. This is my first time in prison and I have a good institutional record. I have not been in any fights or anything else since coming to prison. But Arkansas has made me serve 5 years at this present time and I am still being denied parole! If you would like the whole story, write to:

Raymond Stephens #120187
P.O. Box 240
Tucker, ARK 72168-0240


11) Fraudulent Parole

February 21, 2005

Hello, my name is Bryon O’neil. My ADC# is 118841. The purpose of this letter is to bring awareness, and possibly correct, a crime that is occurring every day at the units of ADC. The federal government pays a housing allowance for each inmate and also pays for certain programs. In the state of Arkansas, the GED program in ADC is one of the programs that is run fraudulently. The RESP program and some others are used as tools to keep people here beyond their TE dates. (TE is transfer eligible—earliest possible release date.)

Here I am going to show conspiracy to defraud the federal government, and the people. Also, I am going to show how the parole board does not allow people to receive the good time credits as outlined in the Arkansas law. (In Arkansas, these can only apply to the TE date, and to the amount of time one must report to a parole officer. It does not affect the amount of time on paper.)

First, I will explain the conspiracy. The term “conspiracy” here means to cause a tort by more than one agency working together. What has happened here is, the court has stipulated a program on an inmate. Then, due to deliberate indifference to the rehabilitation of inmates by the program and those in authority within ADC. The inmate reaches his TE date without having been to the program. Parole is either approved upon completion, deferred to complete, or one year denial with a recommendation of the program. During all of this time, the program is telling the inmates that people with the earliest TE dates, or flat dates, get in first. When one gets in the program, they find there are several people here who have between 2 and 15 years to their TE dates. Yet, at other units, there are men who are waiting to get in here who are past their TE dates.

Second, I will explain how this has happened to me. I am guilty of the crime I am here for. The court stipulated RSVP. When I first got to my parent unit, I was interviewed by a counselor from the RSVP program. (This was in December of 2000.) I February, 2001, I received an approval letter stating I am on their approved waiting list. February of 2002, I wrote them a letter asking if there was anything I could do to help get into the program quicker since my TE was April, 2003. There response was that I was on the waiting list, thank you for being patient. On December 4, 2002, I went in front of the parole board. They deferred my parole to complete RSVP. In December, 2003, I responded to a letter from RSVP, and, in January, 2004, I was rejected from the waiting list. So I wrote the parole board a request for reconsideration. This was the second request, so they responded that I was not entitled to one unless there was new information. The day I received this letter I wrote the sex offender assessment committee to request an assessment. Their initial response was:

“If you have not been assessed prior to going to the board, the parole board has the option to refer you to our program prior to your release. They will notify me if they want you assesses prior to your parole. I will have my staff start a file on you and we will begin to gather information on your criminal history. This will expedite the process, should the parole board ask that you be assessed.”

 This letter was post marked June 23, 2004. On July 29, 2004, I was assessed. Shortly after being assessed, I received a 19-page questionnaire from RSVP with a cover letter that stated I was being considered again. On October 7, 2004, I was shipped from Cummins unit to the Tucker Unit and entered RSVP. Since my arrival here I have found that they keep this program full, but many of those who are here are not going home till after my flat date. This program is supposed to be set up for people to go from it home, so there would be no reason for a man to come here who has no possibility of going home till 2011 or later. There is even one man in here who has three life sentences (in Arkansas, life sentences are equal to however long a person lives).

All of this is information that can be verified, and it all points to a crime against the federal government by the state of Arkansas. Is there anyone out there who is willing to put a light on this and help men to either be put in treatment at a time when it will allow them to be released when they first go up, or be allowed to seek treatment after release? Since an inmate cannot force their way into anything but trouble, they are not able to be in control of how long it takes to get into treatment. So why are we being denied our freedom for something that we have no control over, and those who are in control keep being malfeasant in their duties.

Any assistance you might give would be appreciated. We thank you for your time.

Sincerely,
Bryon O. Niles #118841
ADC Tucker Unit
P.O. Box 240
Tucker, AR 72168-0240


12) Freedom "Robbed" in Armed Robbery

May 4, 2004

Greetings and the highest regard, sir, as I attempt to communicate the following matter of my oppression and legal duress by the State of Georgia Correctional System. I’d first like to send my many raises for your program and operation’s existence. Then too, thank God Almighty for the angel that is Sister Leonna Abraham Brandao. Mr. Anderson, currently I am re-reading a copy of “The Ebon Run” news letter and its informative suggestion is more than impressive, I must say.

This is my present plight. Currently, I am a wrongfully accused and convicted man for a charge of armed robbery which took place during my visit to the state of Georgia in 1999. And I was later sentenced to 20 years to do 15 years due to the misinformation and malfeasance practice in my case, and by the court-appointed attorney and other persons in the DA’s Office as well as the judge who refused to recuse herself from my case as one of 15 county jail officer’s and deputy’s mother. The County of Cobb here in the state of Georgia is long known for its good ol’ boys nepotism, and like Confederate plutocracy, and minorities, particularly black prisoners, are mathematically persecuted disproportionately as some kind of sick game, and with a demented model for a state creed as the southern state’s Georgia being considered the apex is the “dirty-south.” the drift is all over the judge’s floor, and is legally allowed to be tracked upon the Constitution of the United States.

How the world, and for sure America’s other 49 states, can allow the present state of affairs to exist in the state of Georgia and go on with their life as usual is only a sure show of the sign’s of the end of time and the all-time high level of man’s wickedness to prepare for the great war between good and evil, of which evil will surely lose.

It is 2004 in the civilized world. But in the state of Georgia it is 1712, and every black man, woman, and child has been ordered by their masters to report immediately, if not sooner, to the grounds of the Jamestown …..

Keishun Errastyle Liddy 1091993
P.O. Box 549 T.S.P.
Helena, GA 31037


13) Attorney at Thief

(Note: The name of the accused in the following article is represented by her initials To learn her name, contact Ulysses Jones.)

July 7, 2004
Dear Mr. Anderson:

Please accept this as a formal request for your assistance. Sister Leonna Abraham Brandao advised me that you may be able to help to assist me with exposing a criminal lawyer in New York who literally robbed me of $6,800.00. Her name is P.H. She was hired to represent me on my criminal appeal and failed to render any legal services whatsoever. In fact, her negligence caused me to nearly default on my federal habeas corpus petition. I have written several letters to attorney P. H. requesting a refund and she has repeatedly denied my request. I have also filed a complaint with the Disciplinary Committee outlining this behavior which is pending. In addition, I have written to Attorney P. H.'s employer, the League of Catholic Bishops, raising the question how this woman can sit and judge anyone accused of wrongdoing when she has engaged in criminal conduct herself. Mr. Anderson, I have various documents that will support my claim and I trust in Father God that this injustice will eventually be exposed. If you are interested and willing to publish this story, I will send you every document in my possession that substantiates my claim against Attorney P. H.

I thank you kindly for any attention you may be able to provide me in this matter.

I await your earliest response.

In Firm Faith,
Mr. Ulysses Jones #99A5333
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562

Editor's note: Ulysses sent a package to back up his claims along with a letter mentioning:

July 25, 2004
Brother Keith,

Thank you for agreeing to print my case in "The Ebon Run." I am thankful for your sharing the sentiment pertaining to the powers that be. I am currently aware of the selfishness and unwillingness to admit when they are wrong mindset of those involved with the criminal justice system. Your desire to expose these people is right on point. I am enclosing additional documents (Exhibits A through C) that will substantiate my allegations against attorney P. H. Furthermore, Brother Keith, I have been convicted of a crime for which I am truly innocent. I presently have a habeas corpus petition pending in the Southern District of New York and if--if your article could also invite any pro bono assistance with the endeavor, I would regard it as an additional favor.


14) Down the "Hall" of Injustice

Can American justice, American liberty, American civilization, American law be made to include and protect alike and forever, all American citizens in the rights which have been guaranteed to them by organic and fundamental laws of the land?

Mr. John Hall A.K.A. Gregory Hill, has been fighting for justice for the past 18 years on a life sentence. Because of his lack of knowledge of the law he has been "time barred", loosing appeal rights. The attorney representing Mr. Hall was not given information that could prove his innocence. There were unethical practices by the police, i.e., hiding exculpatory evidence and not investigating exculpatory evidence.

State and local prosecutors misused their authority so badly in criminal cases since 1970, that appellate courts and other judges reversed the convictions or reduced the sentences in more than 2,000 cases. Misconduct occurred in 523 cases in Pennsylvania and 287 of them were in Philadelphia.

Former Assistant District Attorney, Jack McMahon, as he trained new prosecutors on selecting juries, in a training tape titled, "Prosecutorial Instructional Training Tape", states, "Lets face it, there are blacks from low-income areas and you don't want those people on juries. In selecting blacks you don't want the real educated ones. The law says the object of getting a jury is to get a competent, fair and impartial jury. Well that's ridiculous, you're not trying to get that, you are there to win. The only way you're going to do your best is to get jurors that are unfair and more likely to convict than anybody else in the room".

Mr. Hall was tried by an impartial jury (not a jury of his peers). In Batson V. Kentucky, 476 U.S. 79,83 (1986), African Americans were excluded through peremptory challenges. In the civil case Edmonson V. Leesville Concrete Co., 500 U.S. 614 (1991), the Supreme Court ruled that the constitution forbade the use of peremptory challenges to exclude African Americans. Writing for the court, justice Kennedy stated, "by enforcing a discriminatory peremptory challenge, [ a] court has not only made itself a party to the [biased act], but gave prestige to the alleged discrimination."

Mr. Hall's defense was prejudiced by the trial judge. The judge became unruly and verbally abusive towards Mr. Hall and his attorney, thereby giving the jury a negative impression.

Numerous challenges were presented by Mr. Hall' s attorney in regards to court procedures. There were 21 objections for errors by the court.

Mr. Hall was never identified as being involved in the alleged crime. The police and district attorney withheld evidence to the fact that their witness gave an identification of another person. Mr. Hall was denied a line-up, while the judge allowed an in court identification at the preliminary hearing, after a witness gave an identification of another person.

The judge erred by allowing in court identification.

Eleven African American jurors were struck from jury selection, without any reason being provided for the court record.

The trial judge severely criticized defense counsel in the presence of the jury for requesting to cross examine a medical pathologist, as a result prejudicing the jury towards the defense counsel and defendant. This testimony was crucial to the defense.

The judicial system is charged with interpreting, upholding, and enforcing the law, since most societies claim to offer their citizens equal justice under the law. The courts are the presumed repositories of equality and the solemn for m for the just adjudication of the law without regard to race, color, creed, or any other categorical distinction. Because of this role, instances of racism in the courtroom are examples of powerful symbols that act to legitimate, reinforce, and perpetuate the culture of racism operating in society as a whole.

Mr. Hall presently serves as a mentor to younger and older inmates within the prisons. He's active in coordinating self-help prison programs with outside organizations. He's the Chairman of The Personal Growth/Cultural Awareness Group, and also a history class facilitator.

Mr. Hall continues to seek higher education and is committed to building a better society and world. The support team of Mr. Hall is asking that compassionate people write to Pennsylvania Legislators and Politicians, sign petitions, or write a Friend of the Court Brief, demanding Freedom and Justice for an innocent man.

Comments, Questions, Suggestions, can be sent to:

Mr. John Hall #AS-2820
P.O. Box 9999
LaBelle, PA 15450

Please forward all donations in care of:

John Hall Legal Defense Fund
Sponsored by, Back to Society, Inc.,
(NJ, Chapter)
Craig Hill, Coordinator
1441 So. 9th Street
Camden, NJ 08104

John Hall AS-2808
SCI Fayette
Box 9999
LaBelle, P A. 15450

 January 4, 2005
 Dear Family, Friends, and Supporters:

In an attempt to intensify my efforts towards receiving justice in relationship to the circumstances surrounding my imprisonment, I have put together the enclosed informational pamphlet. Of course, due to limited space it does not contain all the facts and details of my situation, however I have listed some basic information.

Working in conjunction with B. T .S. (Back to Society), a dynamic group of individuals and myself are doing positive things within Pennsylvania and New Jersey prisons and inner city communities, but there's much more work to be done. This is why I must regain my freedom.

Here are a few areas wherein I need assistance:

#1. Publicizing my legal struggle by having my case presented to the public through journalistic reports, websites, etc. ..

#2. Finding qualified legal assistance.

#3. Obtaining materials to enhance my knowledge of law.

#4. Conducting rallies, banquets, etc. .., seeking my freedom.

#5. Donating to my legal defense fund.

#6. Spiritual inspiration and Pen-Pals.

 Basically anything you can think of that will help me regain my freedom will be greatly appreciated.

 Sincerely,
John Hall

 May 6, 2005

Solidarity Greeting: Mr. Anderson

Hi my name is John Hall A Pennsylvania politically conscious prisoner, originally from new Jersey illegally in Pennsylvania newest supermaxium institution, S.C.I. Fayette.

The greatest damage incarceration has done to me personally is the stagnation of my ambitions. I've never just lived for myself. To this day I cannot fathom the culture of selfishness socially accepted here in America. Everything I do is motivated by the desire to give to others or to help others, and I am constantly working to assist and educate younger prisoners.

In my own studies, I've begun to learn little bits of the law which has motivated me to start reviewing the legal proceeding that landed me in prison. Out of documents I was able to obtain from the courts and information in the raw books, have found all kinds of blatant inconsistencies.

In an effort to bring light and attention to the injustices I've faced a support campaign has been established to help in my struggle to obtain a new trial, and we are attempting to build a national coalition with other organizations.

To learn more about The John Hall Freedom Campaign, give a donation or get involved with this national movement, please contact me directly or my campaign coordinator? Your assistance is needed now!

Thanking you in advance!

Coordinator:
Mr. Craig Hill
1441 So. 9th Street
Camden, NJ 08104


15) Thar's Gold in Dem Thar Bars

January 29, 2005
Mr. Anderson,

 Now I have some information for you. I don’t know what you can do with it, but whatever you do, please do not out it out there where or who you got the information from. This information just fell into my hand. If these people were to find out that I have this information, they’ll probably kill me or keep me locked up forever. Therefore, do not speak on where or who you got it from. This information will show that prisons in Georgia are just a money thing.

 From: Anonymous

 B. What the Georgia Department of
Corrections Collected from Prisoners and
Their Families in Fiscal Year 2003

(Source: Georgia Department of Corrections)

Total Funds Collected to Pay for Prison Expenses: $ 19,332,621
Total Collected to Go into the State Treasury or Office of Planning and Budget $13,792,429
Total Funds Collected from Prisoners in Fiscal Year 2003: $ 33,125,050

 BREAKDOWN OF REVENUE COLLECTED FROM PRISONERS AND USED TO PAY FOR PRISON EXPENSES