This petition is deeply personal to me as it involves  Markale Lundy. In November 2013, prosecutor Jennifer Rausch made a false claim in court stating that Markale's DNA was found at a crime scene. The charges are Robbery, Att.Murder and kidnapping. However, evidence later emerged proving this statement to be untrue. On September 14, 2014, Douglas P. Stead acknowledged that the DNA at the crime scene did not belong to Markale and also noted that the victims had originally identified their attackers as two white men. The only evidence linking lundy to this crime is the changing testimony of hayes and newman.the state  conceded the cell phone records indicate that lundy's cell phone was in use during the crime. And the phone was not near or at the crime scene.(public records.)

Despite these revelations, it appears no action has been taken against prosecutor Jennifer Rausch for her misleading statements in court. This case exemplifies an overreach by the state of Ohio and raises serious concerns about prosecutorial misconduct.

We must ensure justice is served and prevent such instances from recurring in our legal system. We call on the relevant authorities to investigate Prosecutor Jennifer Rausch's actions during this case thoroughly. This shady prosecutor need to be stopped. Look into info these statements are all FACTS public Records.

Please join us in demanding accountability and justice for Markale Lundy by signing this petition today.

Petitioner : Markale Ian Lundy 

Location : Southern Ohio Correctional Facility

Illegal Restraint Of Liberty

Case # and Respondents : 12CR003892

1). Public Defender : Zachary Olah

2). Prosecutor Jennifer Rausch

3). Judge Stephen L. Macintosh

Unlawful Sentence : 22 Years

This letter is me making a legal claim to why my case is entitled to a writ of habeas corpus, and why I should be released immediately. I will give you tangible evidence that will prove ineffective assistance of counsel. Prosecutorial misconduct, and misconduct committed by all three respondents. Evidence that has been hidden from justice. Evidence that will clearly show my right to due process was violated. 

From what I have learned about habeas corpus is that the purpose of the petition is to introduce evidence not found in the record on appeal. I understand that I bear a heavy burden, but I also believe that the truth is the stronghold of justice. Today I will prove to you facts. Not the respondent's or my own opinion. Just facts to show the truth, and you will witness my claim for relief is with merits. 

1).Ineffective assistance of counsel : 11/20/13 Andrea Newman took the stand against me. Claiming I committed crimes against her. She reported the crimes in three different ways. Her first statement was that two white males committed this crime. A month later her second statement was a eight page hand written statement claiming I did it. However, her third statement was claiming I did it but with a new story. I quickly informed Zachary Olah to object, but he ignored me and allowed her to continue.

When it was his turn for cross examination, he never mentioned how she changed her story from the eight page written statement, to what she was testifying at that time. This was important for the jury to hear. The state star witness profoundly changed her statement three times, and the jury didn't know that truth. I'm sure that would have caused doubt, and with that doubt possibly a different verdict. I also had several witnesses that gave statements, and were willing to testify on my behalf as an alibi to my whereabouts on 5/13/12. Zachary Olah refused to call any one of them. We had a d.n.a expert who tested the samples used against me at trial. His findings were that the samples being used against me were wrong because the samples were too weak for testing. She was willing to testify to that. Zachary Olah refused to let her  testify as well. Zachary Olah was so ineffective, I might as well have had no representation at all.

2). Prosecutorial Misconduct : Prosecutor Jennifer Rausch Allowed Andrea Newman to change the details of her story to help win her case. This witness had already lied to police with her first statement. She claimed she lied out of fear, and that her second statement was the truth. Come trial day her story changed again. The state wouldn't allow the jury to read her second statement, even when they specifically asked to during deliberations. They were denied and was told to make a decision without it. If the jury would've seen that the prosecution allowed her to testify to key details different from her statement that would have surely created doubt to this witness credibility. 

Prosecutor Jennifer Rausch also allowed a DNA expert, Amoreena Pauley, to testify. Telling the jury that I couldn't be excluded from the samples taken from the crime scene. Jennifer Rausch allowed this expert to testify to this, while already knowing that another DNA lab, seek through defense counsel Zachary Olah, gave a statement after their testing, that the samples were too weak to draw any conclusion, and that I could be excluded from the samples taken from the crime scene. Prosecutor Jennifer Rausch allowed this false testimony, and worse she even added to the lie in her closing argument that if I could be excluded from the samples taken from the crime scene, that would have done that.(State v. Lundy 12CR003892 Tr. Vol. I at 217-219) also see (Id at 324-349(emphasis added).)

As it turns out, contrary to the state's closing argument at trial, the DNA results were completely worthless for understanding what happened at the crime scene. According to a revised report issued by the Columbus Police Department in 2014, that made the Columbus Dispatch, the lab had erred when it issued its report about DNA results in 2013. Consequently, the testimony resulting from that 2013 report was incorrect. According to the 2014 revised report, "no interpretable DNA profile was previously obtained. No interpretation will be made for the samples taken from the crime scene. As a result, there is no physical evidence implicating me in this crime. Zachary Olah used the 2014 revise report to file a motion for leave to file a motion for a new trial. See court docket 12 CR-003892, 11/12/14. The motion was only four paragraphs long and did not explain the significance of the changed results. This was done on purpose. Both Zachary Olah, and Jennifer Rausch already knew the DNA was useless from their own testings concerning the samples. See (state v. Lundy  12CR-003892, 7/18/13 and 9/12/13) They were not expecting this report to ever come out. If the jury would have known that there was no DNA evidence, that would have surely caused doubt,and a different outcome of the verdict.Another truth I wanted the jury to hear was from the lead detective, Philip Thomas. He would have gave testimony explaining to the jury that even though the witnesses were saying I did it, he himself believed that one on the witnesses, Setecia Hayes, boyfriend had something to do with this crime. He would have also told the jury about an interview he had with Setecia Hayes, and how deceitful she had become when he asked about her boyfriend, and his whereabouts during the crime. To prevent the jury from hearing this truth the state didn't even call their lead detective to testify. Zachary Olah of course refused to call him to the stand, and again my road to justice was blocked, and any chance of me having a fair trial. If the jury would have heard the detective testimony, again doubt would have been raised, and a different outcome of the verdict could have been given.3). Discretion and Abuse : Judge Stephen L. Macintosh was the the judge that overseen my case. He abused his discretion by denying the jury access to Andrea Newman's eight page hand written statement. He also advised them that they had all the evidence they needed to see to make a decision. If the jury would have read her statement, they would have witnessed Andrea Newman's story had changed yet again, and this time under oath. Not just a small change, but key points in her testimony that contradicts her eight page statement. The same statement that the state of Ohio indicted me under. This would have utterly caused doubt, and surely a different outcome of the verdict. The jury deliberated for two days. After their first three hours of deliberation they called on Judge Stephen L. Macintosh to see the statement of Andrea Newman. He refused to let them see because he knew that Andrea Newman changed her story again, and the state knew if the jury read that statement it would have put their star witness credibility in jeopardy. I understand Judges have a discretion in ruling on the admissibility of evidence. Discretion of course does not mean immunity from accountability. When discretion is abused, error is committed and by refusing the jury to see the same statement that the state used to indict me was harmful. Because of this alone there should be a reversal of my conviction. Although abuse of discretion with respect to the to evidentiary rulings is not coextensive with trialmisconduct, erroneous evidentiary rulings, when considered together with other instance of misconduct or bias may tend to magnify errors. All of this evidence I present clearly shows that I was prevented from having a fair trial.  

Defense Attorney, Zachary Olah was utterly ineffective. State Prosecutor Jennifer Rausch engaged in prosecutorial misconduct, and Judge Stephen L. Macintosh abused his discretion. They all engaged in conduct that is prejudicial to the administration of justice, and a violation to my right the 5th and 6th amendments of the constitution grants me. This kind of conduct should raise questions as to their honesty, trustworthiness, or fitness as professionals. How can any defendant accused of a crime have a fair trial with misconduct like these three have shown? Due process is a constitutional right for all. Not who they choose to give it to. Is this justice? No it is not. For all the reasons I have brought forward, this illegal conviction should be reversed and vacated.

Respectfully Submitted : Markale Ian Lundy.

Free MARKALE

SHAME ON OHIO.