Greetings to all of our families, friends, and supporters around the world. My name is Papa Dieye and I am working with Suzane Diop and N'Deye Amy Ndiaye to help Ousmane Sarr, our Senegalese brother incarcerated in Texas, regain his freedom. Our goal is to present a motion to the Court asking for a sentence reduction so that Sarr can return to Senegal. We believe that everyone’s support and prayers will be very helpful. This is our request for signatures in support of the motion. Everyone’s voice and support matter.

OUSMANE SARR WAS CONVICTED OF AGGRAVATED ROBBERY IN TEXAS AND SENTENCED TO 50 YEARS IN PRISON!!

Sarr had purchased a used 1998 Toyota Camry which was apparently stolen. Sarr was arrested and initially charged with the Unauthorized Use of a Motor Vehicle. This is a felony with a maximum sentence of 2 years in state jail. The bond was set at $10,000. What that means is that he can pay 10% of the bond amount and be released while he waits for his case to be resolved. One of his dad’s friends was coming to bail him out. But then the police changed the charge to Aggravated Robbery and the bond was increased to $100,000. That meant he would need $10,000 to get out. His dad’s friend arrived but did not have the money to bail him out. Sarr has been locked up ever since.

The State of Texas appointed a lawyer to represent him. This lawyer is paid by the county where the case is to be tried. It appears from the record that the attorney did not properly defend Sarr.

Sarr’s case was all about identification: can the owner of the car, an elderly white lady, identify the person who stole her car seven months after it happened? The police showed the white lady 6 pictures where Sarr was the only black person. She picked Sarr from those pictures although she had initially said to the police that the robber’s face was covered. She also initially said that the robber was between 5’9” and 6 feet tall. Well, Sarr is over six feet five inches tall. The first trial ended with a hung jury. This means that the 12 people who were deciding whether or not to convict Sarr could not agree about his guilt or innocence. In a criminal trial in the US, all 12 jurors have to agree that the accused is guilty. (Sometimes there are 6 jurors).

At this point, the State of Texas can decide to re-try the accused, cut a plea deal with the accused, or drop the charges altogether. The State decided to re-try him. The second trial started 2 days after the first. Jury selection is a very complex and difficult process. The county clerk summons about 60 people for jury duty so the lawyers could select 12 to serve as jurors. The people who were summoned for Sarr’s
second trial had strong opinions about the case and the State’s evidence so they were all dismissed as potential jurors.

The third trial started two months later. The county clerk again summoned about 60 new people in order for the lawyers to select 12. Sarr still has the same appointed lawyer. An all-white jury, six men and six women, all of them in their fifties and sixties, was selected. There are some ways a lawyer can object during the jury selection process but apparently Sarr’s lawyer did not object. The old lady whose car was stolen changed her story while testifying in front of the jury. The result was a unanimous verdict and a 50 year sentence.

Ousmane Sarr will be 43 years old on August 8. He has spent 17 years of his life in prison in Texas.

This is a terrible story considering the fact that Sarr did not kill, shoot, or stab anyone.

Sarr is religious, polite, and decent. He is a fighter. He appealed his conviction but it was denied by the Criminal Court of Appeals. Interestingly, the Court of Appeals said that some of the issues raised in the appeal had merit but no objections were made during the trial.

We believe that there is no better time than now to share Sarr’s story with the world.
A few words of caution: most of the facts were provided by Sarr although I (Papa Dieye) have read some of the court records. I have also added some comments based on my training and experience as a lawyer. As you can imagine, Sarr’s story is much more detailed and complex. If you wish to know more about Sarr and his life, you may reach out to him directly. He information is online with the Texas Department of Criminal Justice.
Your comments and words of encouragement are welcome. But this is not the place nor the time to criticize or point fingers. We simply hope that Sarr will get to see his mother, father, and siblings before it is too late.