My husbands name is Curtis Shuler Jr and he is currently serving a term of natural life in prison without the possibility of parole. He was a sixteen year old juvenile when he was arrested in 1998. He was charged with Premeditated First Degree Murder on a victim that a 'sworn' jury 'ACQUITTED Him'. The jury never found him guilty of killing the victim. In fact the jury acquitted him of...
My husbands name is Curtis Shuler Jr and he is currently serving a term of natural life in prison without the possibility of parole. He was a sixteen year old juvenile when he was arrested in 1998. He was charged with Premeditated First Degree Murder on a victim that a 'sworn' jury 'ACQUITTED Him'. The jury never found him guilty of killing the victim. In fact the jury acquitted him of every 'essential element' to constitute the crime. Yet instead of following state and federal laws when it comes to legally inconsistent verdicts the prosecutor persuaded the judge to find him guilty as charged and the court adjudicated him guilty as charge despite the judges confusion as to the verdict. Federal and state law requires that verdicts rendered like his 'REQUIRE ACQUITTAL”. He has a life sentence without benefit of parole for a murder he was never convicted of doing. He was wrongfully convicted and railroaded by the state
In fact the verdict was favorable to him. He was tried 4 consecutive times on these charges. His case was reversed by the Second District court of Appeal due to a prosecutorial 'race based' prejudicial strike and exclusion of a black juror from the panel by the prosecution. His 2nd trial resulted in a mistrial and then he had a 3rd trial. The jury verdict in his 3rd trial the jurors were 10 for not guilty and 2 for guilty resulted in a hung jury and he was tried again. (See third trial verdict) His 4th trial ended and the jury returned what in law is called a 'Legally inconsistent verdict'. Before a man can be convicted of a crime, the Due Process Clause of the 14th Amendment requires that All elements to that crime be proven beyond a reasonable doubt.(See the indictment and jury verdict). The judge said that the verdict made no sense to him and that he did not understand it. He asked the prosecutor to review it. The prosecutor made the determination of what he was guilty of, not the jury. The judge adjudicated him guilty as charged of Premeditated First Degree Murder having been persuaded by the prosecutor to basically ignore the verdict of the jury. The jury having just acquitted him of Premeditated murder. (See verdict) Many of his appeals have failed because the courts silence refusing to answer them on the merits.
This could happen to you or anybody and it should not. He took them to trial fair and square and the state could not lawfully convict him. He had 13 alibi witnesses. There was no physical or scientific evidence, D.N.A, GSR, or fingerprints linking me to this crime and no eyewitnesses with a positive identification. The state used two unindicted men to testify against me who actually participated in the crime and who later recanted their testimonies. Only one unindicted man, who participated in the crime himself, yet never saw one day of incarceration. Please consider these documents. He was never afforded the protection of the constitution, he could not afford it, and he was an ignorant 16yr old oblivious to the legal proceedings and drafting's. When he does receive his freedom, “he will use it well,” but I need help to expose this injustice.
In 1998, there were a totat of 7 teens who were convicted of murder and prosecuted by the same states attorney, John Aguero. He gave the white teenagers, less then life in which two are already free and the other two will be coming home soon. The three black teens were given life without parole. Why did he feel compassion for the white teen's and not the black teen's?
Thank you for your time and patience, and may Gods peace be with you.. Please help free him. I have created a website in which I scanned the legal documents from the court on to the web-page and I also have multiple copies to send you if need be.