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Justice in the Wrongful Conviction of Kerry Baxter Senior

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Your signature is needed in order to demand a new hearing in the Wrongful Conviction of Kerry Baxter Senior

In December of 2003, Kerry Baxter Senior a 33 year old African American male was found guilty of 2nd Degree Murder.  He was tried in the Rene Davidson Superior Court in Oakland California with Judge Jeffrey Horner.  His like many other African American males was a harsh sentence and the trial was little more than a lynching. His sentence was 66 years-to-life with the Judge overseeing the Trial stating he had no choice. This same Judge refused to hear any evidence or allow proof that Kerry was not guilty.  His sentence  has been reduced to 16 years to life after some of the enhancements were dropped. The proof of Kerry's innocence is in the evidence NOT submitted during his trial. 

Kerry like many black and brown people was wrongfully and unjustly convicted.  The person he was accused of killing was a man standing almost 2 blocks from where Kerry and another young man were involved in an argument.  The courts ignored evidence from witnesses who testified that the  man was shot at by a drive by shooter. The young man who testified against Kerry stated he did so after the Oakland Police told him if he did not they would try him for the murder. This young man was granted Blanket Immunity even though it was he who was the instigator and had attacked Kerry Baxter. 

Kerry filed a habeas appeal in August of 2016 for ineffective assistance of counsel. That private Attorney Richard Hove had sought Kerry out while he awaited trial. He did not disclose his close connection to the DA and Judge. In fact he was being disbarred even as he represented Kerry.

This is an article written about Richard Hove in 1995 in the San Francisco Chronicle:

    "A federal appeals court has reversed the conviction of an Oakland lawyer for hiding cash payments by a drug dealer, ruling yesterday that prosecutors must prove the lawyer knew his actions were illegal.

    The U.S. Court of Appeals in San Francisco granted attorney Richard E. Hove, 48, a new trial on charges that he helped a client break two cash payments of about $40,000 each into smaller pieces to avoid reporting them. Federal law requires the disclosure of all cash transactions exceeding $10,000.

    Hove is a former Alameda County deputy district attorney and the son of the late Harold Hove, an Alameda County Superior Court judge and Alameda city councilman."

Although Kerry's Appeal itself has not been addressed the appeals court sent a motion to Judge Horner and District Attorney O’Malley stating that he was illegally sentenced. That ruling and request for resentencing is being ignored by Judge Horner and District Attorney O'Malley. We could go to the Attorney General, however, in 1985 the Attorney General stated they would no longer interfere in these cases. Succeeding Attorney General's use that statement not to take action on behalf of ordinary citizens.

That means that Kerry’s case is now in limbo in the hands of the same Judge and DA who Wrongfully Convicted him. Therefore this Petition is requesting that State Attorney General Xavier Berra get involved in Kerry's case. There is no law stating the State Attorney General cannot be involved especially in a case where the Judge and DA are the reason for the Wrongful Conviction. We will be pushing for a change of Venue and for another District Attorney chosen by the State Attorney General to be appointed to oversee the Hearing and/or subsequent trial!

Your signatures and support are appreciated and please share this petition widely! 

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We Demand Freedom for Kerry Baxter Senior


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