Wrongful Conviction! Please help free an INNOCENT MAN!

Wrongful Conviction! Please help free an INNOCENT MAN!

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Devy Dennis started this petition to Department of Justice and

Jovon's freedom was taken from him in april 2011 when he was wrongfully accused of murdering, kidnapping and robbing a school teacher. Jovon sat in the county began jail until 2015 when his trial began. They wrongfully & unlawfully convicted him of capital murder. You can't convict someone with capital murder when the evidence shows he is an innocent man.

There is no evidence involving Jovon except the fact that he rode with victim.
Witnesses and the person whom committed this crime all state that Jovon is an INNOCENT man.

Help us advocate and free a man who has been denied the right of a proper trial & whom was systematically railroaded.

Let's bring this innocent, community pillar home!

Jovon has given back to his community of Anniston, Alabama for years. Even from behind those bars he's managed with the help of his team to still give back to his community back to school drives, trips for kids etc!
Help us free Jovon Gaston

Constitutional Rights Violation

Grounds

<Amendment 6> In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law , and to be informed of the nature and cause of the accusation; to be with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

<Amendment 8> Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

<Amendment 13> Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation.

<Amendment 14> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life , liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

<Punishments and sentence> “13 A-5-40 Alabama Crim. App “ (c) a defendant who does not personally commit the act of killing which  constitutes the murder is not guilty of a capital offense defined in subsection (a) of this section unless defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (A) of this section. (d) to the extent that a crime other than murder is an element of a capital offense defined in subsection
(A) of this section, a defendants guilt of that other crime may also be established under section 13A -2-23.

<13-A-10-101 Perjury, first degree> (A)  A person commits crime of perjury in the first degree when in any official proceeding he swears falsely and his false statements is material to the proceeding in which it is made.

<13 A-10-124  Tampering with a witness>(A) A person commits the crime with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding  to: (i) testify falsely or unlawfully withheld testimony.

<13A-10-129 Tampering with physical evidence>  (A) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending maybe instituted, and acting without legal right or authority, he;(i) destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use verity or availability in t6he pending or prospective official proceeding; or (2)
knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or perspective official proceeding. (b) “Physical evidence”, as used in this section includes any article, object, document, record or other thing of physical substance.

Due Process

<To make murder> “Capital “ prosecutors burden is to prove murder by defendant exist and the other elements exist such as robbery/kidnapping and according to the evidence prosecutors failed and without them tampering  with jury conviction would be non-existent . To make murder capital you first Must have a murderer, and whereis we have Gaston home never touched the victim nor was on murder, crime conviction is void and unconstitutional.

< Over 9 years, we've been writing Alabama courts> what's the hold up, they never respond to fix in the unjust matter. Well, as they said they were represented the victim then, so shall they represent Gaston he, too, is an Alabamian with a violent record, just as normal as any citizen whom have rights as well and we are here before this court with well over enough proof, Gaston is not guilty of capital murder and, after 9 years a new trial shall and should be ordered in regards to these listed matters.

 

Investigators

< upon investigation> Investigators testify Gaston  never went on murder crime scene during Nicholas Smith trial "co defendant" video footage shows Nicholas Smith said murderer buying duct tape video footage shows, said murderer Nicholas Smith also purchasing money, according to phone calls made to his accomplice Jessica Foster, hours before, he even knew Gaston. According to trial transcripts, also after the death tape purchase, Nicholas Smith yet called her again and went to her home. Gaston, no involvement. All 5 eyewitnesses describe someone other than Gaston. <1> next door neighbor saw the light skin males and white female. <2> Cynthia Warf (Jessica Foster mom) also saw a trio in her husband garage  and testified Gaston was not one of them. <3> Jessica Foster also testified. To the fact she was involved and never saw or heard of Gaston until days later when they were on the run from police, and Nicholas Smith was building his story. The same story is the piece of evidence that investigators discredit it, prosecutors discredit it, judge knew was a lie in circuit court also in the criminal appeals court of Alabama, discredited, deeming it was untrue, and this removes all guilt from Gaston. <4> Whitney Ledlow also testified that she did not know Gaston, and she was also involved.  <5> investigators testified instead, according to their search and evidence nothing linked Gaston to the murder crime scene. 

 

                                                                        Evidence 

Where is prosecutors leaned more on the fact Gaston carried a gun that night and had lots of guns. This evidence was irrelevant to the stabbing death. Tanisha McClain, testified that she had saw Gaston with the gun before he was forced to catch a ride from her home with the gun evidence proves more Gaston running into codefendants was mere incident not any intent involved no gun used a victim home according to prosecutors and abduction was taking place. No gun used on murder crime scene according to evidence a murder took place so how is it believable a gun was used to commit robbery at 1 bank and one bank it was not when evidence clearly shows Nicholas Smith and Jessica Foster had already been planning on how to get the money <review trial transcript of Nicholas Smith> <Prosecutorial Misconduct>  Prosecution knew Gaston was a rapper prosecution knew Gaston's living was upscale passed committing such crimes prosecutors heard through the confession of Nicholas Smith, "Gaston " was not involved. Prosecutors heard from all the eye Witnesses Gaston was not involved. Prosecutors withheld the evidence of Gaston and assets misleading the jury into a “state of mind” Gaston was a criminal with no record proves Gaston to be a criminal where is if Jury would have probably been made aware of the true facts the verdict would have been different.  

                                   Bias Jury

  Here we have photos of jury members relatives sitting in a McDonald's on Greenbrier in Anniston discussing what the victim’s mother and prosecutors supposedly told them to do son and mother had somehow swindled themselves into becoming a jury member in Gaston's and Tyrone Thompson's trial with the evil intent to miscarry Justice. 

  <Witness> Inadmissible testimony where is we have Whitney Ledlow testifying to something other than the truth she has confessed that the prosecutor's quoted her script to her of what to say and would not allow her to tell her the truth that she knew Gaston was an Innocent man. If jury would have heard verdict would be different. Same court proceeding prosecutors made family of Gaston portray him as a gun-totter which was irrelevant if truth about Gaston was heard. Prosecutorial misconduct surrounds this case impacting a jury, wrongfully convicting Gaston. 

                                                 Due Process "Equal Protection Violations"

 <In 2004> The United States Congress passed the Innocence Protection Act (IPA), to address concerns about wrongful convictions in Death Penalty cases. The IPA provides to DNA testing for federal defendants who assert actual innocence and allows motion for new trial if DNA results exclude the defendant as a source of the DNA evidence. The IPA also authorizes a grant program to improve the quality of representation in State Capital Cases, providing funds for states that train and monitor the performance of Capital defense attorneys and ensure funding for competent legal representation by the defense team and other experts. (Although Gaston was mouth stabbed, fingers scanned, blood, and urine came back "NEGATIVE" no relations to case) this goes to prove his wrongful conviction was in fact intentional. 

 <House v Bell (2006)> the court again addressed the issue of actual innocence. The case presented the question of whether new evidence that becomes available during post-conviction proceedings can be considered by federal courts even if it is no longer admissible under state law. The court found that admitting new evidence were considered, no reasonable juror would find the defendant guilty beyond a reasonable doubt. In house, the court decided Paul house met the "Schulp Standards" and granted him a new trial. All changes against him were eventually dropped. 

 <2018> Gaston was granted a new sentencing hearing which raised awareness to a whole multitude of individuals. Friends, fans and family now questioned courts of criminal appeals whereas same evidence used to convict Nicholas Smith was also used against Gaston which was the same evidence which proved Gaston had none too little knowledge of anything no such involvement in any crimes. 

 <Due to COVID-19> Courts are moving extremely slow, not to mention lawyers in Alabama do not want to defend Gaston's case due to the racial bias that surrounds it, the boldness of the prosecutorial misconduct they not tend to hide by breaking so many laws and violating so many constitutional rights. The United States come together in joint to push this issue of freeing an Innocent man whom is just like them. 

                       Vacate Conviction

<In light of COVID-19 Crisis> It is essential that prisoners who were wrongfully convicted <incarcerated> be given the chance for release as soon as possible. "We are hearted that the court has held once and for all, that the promise of the Sixth Amendment fully applies in Louisiana, rejecting any concept for second - class justice, said Ben Cohen, Evangelisto Ramos lawyer. Evangelisto Ramos was found guilty 10-2 vote will eventually get new trail. Conviction was tossed out. 

<In Gaston's trail> Jury first verdict was 9-3; Judge Turner ordered them to go do it again 9-3 was not enough. Second verdict they got what they were asking 10-2 out of the same mislead jury. 

<By Pete Williams> The United States Supreme Court ruled Monday <April 20, 2020 11:20 AM EDT> that jury verdicts in trails for “Serious Crimes" Must be unanimous. Monday's decision tossed out the conviction and life sentence of a Louisiana man Evangelisto Ramos, who was found guilty of murder. "We the family, friends and fans of Jovon Gaston ask that same ruling be presented amongst Gaston's case in Alabama as well where we see clearly Alabama just like Louisiana was and is operating outside of " Our Original Constitution and is adopting the " Racial Jim Crow Laws" slavery. So according to the United States Supreme Court Gaston's Conviction is Unconstitutional and subject for a new trial. 

<Sixth Amendment> The Sixth Amendment guarantees the rights of Criminal Defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. <1> Rights of Gaston we're violated clearly as we see; <2> Public Trail was violated whereas on several occasions courtroom doors were locked keeping Gaston's supporters outside. <3> Right to a lawyer was violated whereis "David L. Johnston Jr." Gaston's trial lawyer opening statement was " We will not be presenting any evidence; same trial same lawyer said Gaston rode along during a robbery not stating Gaston was only receiving a ride with no intent of crimes and defense knew this fact during trail. <Gaston had no defense see trial transcript> <4> Right impartial jury, Gaston was violated this right as well; whereis jury members were friends of the prosecutors and victims family the "No Defense Tactic" worked well; Gaston was wrongfully convicted. <5> Only accuser statement was discredited because  "prosecutors knew it was a lie, lawyers for all 3 co-defendants knew it was lie, circuit judges knew it was a lie and criminal courts of appeal knew it was a lie; stating Nicholas Smith conviction stood on all the evidence that clearly said Jovon Gaston was innocent. Leaving  the prosecutors to be the only accusers, so how do we confront them? Lawsuit in the United States Supreme court on all these constitutional violations.

 According to the Evangelisto Ramos Decision Jovon DWayne Gaston is to be released from prison whereis we have Alabama speaking outside of our Constitution of the United States of America.           

 

                                  Conclusion

We, the citizens of America, support this matter and abide by the state law and federal constitution, and are also aware Alabama is not. Where is one mother lost her child to a murder caused by someone else other than Gaston we come together, so another does not lose her child? Jovon DWayne Gaston is to be set free under the United States Supreme court ruling from April 20, 2020, referencing "Evangelisto Ramos" Where he too was held unconstitutionally and now released. Upon release Gaston wish not to live in the state of Alabama where he States “authority figures break laws because they are never prosecuted, so  abridging ones 14th amendment 6th, 8th and 13th amendment comes to them naturally." Quoting also the unconstitutional living arrangements and entrapment of the Holman Correctional Facility, where he identified the criminal extortion ring caused by yet again "authority figures." Gaston also quotes he does not feel safe in the prison, where is violence goes unheard, and suicide not mentioned that were caused by such criminal intent. Prison officials have also withheld Gaston's legal work on several occasions, resulting Gaston to have to buy one of their cell phones in risk of punishment just to get out to family and friends, the legal info, because he is without representation, his wife, mother and friends had to take case because Alabama is not considering the innocent, but condemning them in most cases executions follow Gaston's case is an important as Evangelisto Ramos, if not more, whereas death penalty is involved, Gaston is to be released as well. 

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