Case 2013-CF-000183-D-001

People VS. Scales, Shamar S

Jackson, County IL

 

I am telling Shamar Scales’ story to create awareness to the plight of the wrongfully convicted. This will be done by disseminating information to the general public and news media about the errors, and mistakes made by Jackson County, IL justice system in obtaining wrongful convictions. This will also address pure negligence and racial discrimination amongst minorities. The clear message of this prosecution is that survivors of sexual assault must be able to prove their own innocence or face prosecution when they report a sexual assault crime. This report of sexual assault is false and was never adequately investigated by Carbondale Police Department.

It is 3 steps to this process Carbondale was negligent to. There were three steps in this process that shows negligence by Carbondale Police.

1) Making the decision to Charge Suspect

2) Analyzing corroboration

3) Trying the case

This was a Sexual Assault in which the victim fabricated her story after first admitting to being drunk. Therefore Witnesses had been gathered on Shamar’s behalf to contest to Marshall’s fabricated story and Jackson County did not call one. He was convicted and sentenced to 13 years with no evidence other than Marshall’s accusation. The Scales Family and Petition activist are asking that Shamar is granted a new trial and/or exonerated.

 

 Marshall fabricated a rape accusation she started in April of 2013. She admits to the court that she was pretending to be asleep during an alleged sexual assault and jury still convicts the accused. She said was drunk and Carbondale Police later switched her story to show she was asleep. Police allowed her to switch her story and assisted her in railroading FALSELY CONVICTED STUDENT Shamar Scales. Marshall committed perjury by claiming to have slept through sexual intercourse and not UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG. She admitted to the first person she called and multiple witnesses that WEREN’T allowed to testify DUE TO RACIAL DISCRIMINATION that the act was indeed consensual. She laters claims she had no awareness she was having sex with a childhood friend/college roommate because she managed to sleep through the whole act and was “suddenly awaken”. In order to claim this has happened she would have had to be diagnosed with the Sleep Sex Disorder, this rare sleeping disorder is known as Sexsomnia (NREM) parasomnia which she was not diagnosed with.  

                          The alleged victim did not try to fight off the alleged perpetrator, didn't use any force or a weapon of any sort and the alleged victim did not sustain any physical injuries. The alleged victim and the accused had a prior sexual relationship. You have to be open to the idea that a woman might claim rape after consensual sex. This can be determined by the relationships of the parties and their behavior. The investigators should acknowledge that an act of sex was consensual or nonconsensual are both plausible claims. For example, "you can’t change your mind that the loan I gave you is suddenly a gift after you accept it, so the loan agreement stands even if you claim the money was a gift". Lacking a plausible alternative explanation and any other evidence of rape as opposed to consensual sex demonstrates reasonable doubt.

 

Facts Marshall Stated and claimed to be true and Inconsistencies with allegation.

1.      Incident happened in April 2013, Marshall claimed she hadn't had sex since July 2012 of the previous year.

2.      9 months without penetration or sexual intercourse, and Marshall claimed she slept through sexual activities.

3.      Marshall called Shiranette numerous amounts of times, whom is suspect's sister before waking up help that she had in her home.

4.      Marshall never woke up her brother who could have most definitely saved her from being assaulted.

5.      Marshall's bed was directly on her brother's wall

6.      Marshall's room is in middle of the apartment in between both male roommates rooms.

7.      Both men in the home were and are currently still active in the army national guard

8.      Marshall told the police she was drunk when she gave the statement at the hospital

9.      Marshall left Laneal (male roomate) sleep to go and pick up ex-intimate partner Raphael Hayden BEFORE going to the hospital

10.  Marshall never explained why she went to pick up Raphael instead of going straight to the hospital

11.  Laneal Nance accompanied Marshall to every court date and was present at Trial with her but she chooses to leave him sleeping while she went to pick up others to accompany her to the hospital.

12.  Marshall stated that the detectives over her case informed her she was unable to beat her case without Dymond Devost's Case.

13.  Devost's Case was dropped

14.  Marshall didn't make her mother aware of so called accusation, until months after.

15.  Shiranette had to contact Marshall's mother to inform her of her daughter's alleged accusation, before awareness was even given to her from Marshall

16.  Mother never came to one court date

17.  Marshall didn't attend any court dates, but she only showed up to the Trial.

18.  Marshall was BEYOND physically capable of resisting her attacker once "SHE WOKE UP"

19.  Yet Marshall didn't FIGHT, "scream!", "yell!", say "no", "stop!", or give off any sign to indicate not wanting to partake in sexual activities other than responding that "SHE WAS JUST SLEEP".

20.  Marshall has never been a woman to be afraid to fight anyone, female or male, ironically; and records and proof of altercations including Marshall in the past years and leading all the way up to recent years would show that

21.  Marshall was involved in more than 3 different brawls in Carbondale, IL Jackson County; 2 Involving liquor

22.  Marshall got into an altercation 3 WEEKS following her rape accusation, in which she strikes a male with her fist because he jumped in front of her friend in line outside a nightclub in Carbondale, IL. The altercation ended with being revived by an ambulance outside of the club, due to the male she previously stroke knocking her to the ground unconscious. Liquor was of course involved, and she was feisty and angry like she always would get, and in turn it resulted in her bringing harm to another individual and her playing victim. It is a record of this assault in Jackson County and witnesses to verify her behavior.

23.  Marshall waited 7 days to press charges instead of immediately pressing charges the night of the alleged assault.

24.  Marshall's motives for pressing charges were premeditated, due to her knowledge of legal loopholes, which allowed her to fabricate her story several times.

25.  Marshall told 3 different stories, which were that: "She was Drunk", "She was dreaming", and "She was sleeping" while being penetrated.

26.  The night of incident both students were coming from a social gathering were liquor was served and consumed, then proceeded to a local "Bar & Nightclub" establishment, where liquor was also consumed, before proceeding home.

27.  Shamar and Sharleeta drove together in Marshall's car that night and were together the entire night

28.  Sharleeta, Shamar, and Isaiah (victim's brother) all went home together as a unit the night of the alleged assault.

29.  Shamar and Sharleeta grew up together

30.  The two attended the same Grammar school

31.  The two attended the same the College

32.  The two were college roommates, considered and acknowledged each as extended Family. The two have had a close family relationship for 10+ years.

33.  The two always slept in bed together

34.  Shamar was always allowed in her room in her bed whether Marshall was home or not. Never had to ask

35.  The two had intimate relations in the past

36.  Marshall admits to pretending to be asleep on the stand in the court room

a.       Marshall pretended to be asleep

37.  Shamar's sister was not put on the stand, but was subpoenaed and present in the court house but was not allowed to testify.

38.  Shamar's sister expressed numerous times at the trials and during interviews as well as interrogations that Marshalls story didn't match what she stated in her first statement.

39.  Marshall helped Shamar undress her.

40.  Marshall claims to have felt Shamar enter her. But... How? Wasn't she sleeping?

41.  There are too many inconsistencies in Marshall's story and in fact the evidence does not exist.

42.  Shamar left Marshall's her home when he was told to leave.

43.  Shamar turned himself in willingly with no hesitation and or resisting 

a.       The Victim (Marshall) wore a short skirt and hooker boots to trial.

44.  The Victim(Marshall) lives her life the exact same way, continues to partake in the consumption of alcohol, as well as attend social bars and gatherings where she is comfortable fornicating with men she does not know.

45.  Marshall is extremely comfortable being around large groups of men she doesn't even know after a man she has known for 10+ years has supposedly raped her.

46.  Marshall is an avid smoker of marijuana, black and mild cigars, cigarettes and a severely heavy alcohol consumer, who chooses to partake in any and all parties and or social events. Especially those events where alcohol is allowed. 

47.  Obtained a Rape kit, but disregarded getting a test of BAC (Blood Alcohol Concentration) levels. Victim’s level of intoxication should have been recorded and confirmed before ruling out that she was not voluntarily drunk.

48.  Carbondale Police took Marshall's word with no concrete evidence of nonconsensual sex.

49.  Marshall is prone to wearing little skirts, short shorts, and consuming large amounts of alcohol, were in some instances she would repeatedly act out of character.

50.  Marshall tried to seek an "Order of Protection" against her old best-friend (Shiranette Scales), because she knew Shiranette didn't believe her and wouldn't take her side.

51.  Marshall has continuously blamed others in life and has never taken responsibility for her wrong doing and spiteful actions.

52.  Marshall turned on the TV and cut out the light the night of the alleged assault, and Marshall has undoubtedly never slept without a TV on or movie playing.

53.  Marshall has made previous accusations about rapes and assaults multiple times in life, with no evidence to support her stories.

54.  Marshall gets really aggressive when drunk and that is the only time altercations arise on her behalf.

55.  Marshall got into large group fights because she couldn't control her liquor and temper.

56.  Marshall uses alcoholic influence to do the things she really wants to do but not take responsibility after it is done and then blames it on other parties or her being drunk.

57.  Marshall slept in bed with suspect on regular basis with little to no clothes on. They shared a home for 3 years and spent numerous nights together in Marshall's dorm.

58.  Marshall admitted to being raped by her cousin Tenecia Kinnard's father but told many different stories about that as a teenager.

59.  Marshall, along with Carbondale detectives were aware that Shamar's sister knew too much about the case and went to extreme measures to allude her from investigating the truth.

60.  No bruising or evidence of force was on alleged victim, which should have been the first red flag to Carbondale Police.

61.When rape kit was presented at trial it showed that pubic hairs were indeed wet and moist, and there was no sign of forced entry amoungst victim.

62.  There is an ample amount of evidence proving malicious prosecution and accusations

63.  If Marshall wasn't drunk she was aware of sexual intercourse

64.  Shamar had a bias and a prejudice judge

65.  The Judge never considered hearing new evidence.

66.  The State's Attorney told the judge verbatim; "he only wants to get out to play basketball and rap, he deserves the maximum sentence, I’m asking for 13 years".

67.  This case carried 4-14 years

68.  Shamar was sentenced to 13 years

69.  The Judge yelled and told Shamar he belongs in "hell" because Shamar wouldn't admit to being guilty of this accusation, and Shamar wouldn't say he was "sorry".

70.  Sharleeta worked with the State's Attorney to falsely convict College Student Shamar Scales.

(A TOTAL OF 70) All of this is evidence that was not presented and questions and arguments that were not raised on Shamar's behalf.

"I wake up to the sound of them unlocking the door in this cell every morning there is no way she wasn't awake; when I got in her bed she knew what she was doing. I wasn't on top of her, I didn't have her pinned down, nor did I force her or oppose any harm on her we were sideways; I was the on to the wall."

 

-Shamar 

 

CONSIDERING SHAMAR SCALES A NEW TRIAL WILL PROVE HIS INNOCENCE, BECAUSE THERE ARE 28 WITNESSES WILLING TO TESTIFY ON SHAMAMR'S BEHALF AND AN AMPLE AMOUNT OF NEW EVIDENCE.