My goal is to get my brother Donald Tolliver a new trial. To let a jury hear how this kind, caring, single parent of five children should have never been convicted of a crime he did not commit. To present evidence to a jury that the main witness, an abuser was simply not credible. The fact is one in three men are victims of Domestic Violence, my brother was a victim. His abuser got a band aid on her neck. Don got 35 years. Taking him away from his children...
On December 27th, 2011 my brother was arrested for attempted murder, After trying to take a gun out of the hands of his abuser, it went off, neither knew there was one bullet in a gun. She told the jury Don had it loaded in a kitchen drawer. Don would have never kept a loaded gun around his two young boys. The guns was locked up downstairs. She got it out of a locked box downstairs after Don told her he was leaving because he caught her outside buying drugs from a man in a " red truck" and bringing drugs into a home his children lived in. Don said it was an accident. Don tried go to the authorities only to find that the courthouse was closed for the holidays. Don had been living with a this woman for three months Her past is full of Domestic Violence. Ex-boyfriends who will testify to her keeping them " beat down", Don's abuser has had an arm, leg and wrist broken by various men. She was evicted from a home for "drinking, drugging and fighting every weekend" her landlord said. They all hurt her,she told my mother one had drug her through the house by her hair. She also told my mom that she tried to turn herself in because she did this to herself and the DA would not listen to her. " Don treated her like a queen". Twice his size( he weighs 180) Don told the jury at his trial that he was afraid of her. Don's public defender chose not to call anyone in Don's defense. He also told Don to just agree with everything so he would have a better chance of going home. These two witnesses and Don's daughter who was in the home at the time of the accident never got to tell how Don was hit, kicked and punched numerous times during the months they was living together. Gabby said she just got used to it and would come over to her grandmother's house if this woman was having a bad day. At the time of the trial the DA's office called and told my mother to stay home and to keep Don's daughter out of the courtroom. We believed in our justice system. Only to find that Brady Violations and untruths was running our county like a plague on the poor that could not defend themselves. We have lost confidence in to serve and protect. Don's public defender said the truth would be found out and Don will come home after he found out she had changed her affidavit numerous times. They believed her lies.
In the beginning after they moved into a rented home that accommodated all six children and opened a joint bank account Don said she was " good to his children" Don thought he found someone who would love and care for his children as he did. Don had been married twice, for a total of 13 years, he got custody of all of his children. Working hard at a job he held for 12 years. Don was also a homeowner, his children wanted for nothing except a full time mom. Don had no Domestic Violence in his past, in fact the only time he has dealt with the authorities is when he told a neighbor to slow down past his driveway, his children was playing outside. At the trial the District Attorney told the jury that Don was planning on fleeing the country with her money. If the District Attorney would have investigated he would have found out Don made more money than this woman did and Don would have never left his children. His abuser told that Don stole all of her money. I have the rent receipt where he paid the rent the day before the accident it was $1100.00 dollars.
Here are a few examples of what was told in the courtroom at the time of the trial to get Don convicted. This was never investigated. It was told by an Assistant District Attorney with tunnel vision who was wanting the vacated office of his boss at the time.
The District Attorney told the jury that Don cut the phone lines in the home. There was no landline in the home. They all had cellphones.
He put a tap on her phone so that he could spy on her and changed his hours at work so that he could watch her. The jury never heard how she synced their phones because her daughter was pregnant and going to have a baby. Don had the only vehicle that was running at the time hers was broken down in the yard.
Her daughter told us her mom made her say that she had seen everything that happened. She now says she was asleep at the time, she does not believe Don did this to her mom. Her mom has made terrible choices in life and she has had to suffer for them. She considered Don her dad. The only father she has ever had in her life.
At the end of Don's trial all the public defender told the jury was to do the right thing. That was his closing statement. A reporter at Don's trial said she that has been following trials for years said she has never seen such a miscarriage of justice in all the years she has been covering trials.
In the transcripts of the trial it says that Don shot her is the back of the head. When in fact she was shot through the back of the neck. Straight through. The bullet had no angle to it. She shot herself. This makes it impossible for Don to win an appeal.
The are many Brady Violations in this case. This case was built on lies by an Assistant DA with tunnel vision who bullied an overworked public defender who had only seen Don a handful of times even though Don was fighting for his life.
After Don's arrest his boys went to live with their mother and was beaten so bad that they had to be placed in a foster home for a year and a half. One of Don's daughters was diagnosed with depression and anxiety. These are the real victims of a courtroom based on lies.
It is our hope that we can get Delaware County to give Don a new trial and full cooperation to determine whether the key witness in this case gave false testimony. We will never stop fighting for Don.......