The McKee Family Trust; JUSTICE FOR HAKIM

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 Request for favorable reconsideration of current Board decision below:

 

                MCKEE FAMILY TRUST

      Comes now, the MCKEE family and community support.  We are at a lost so we decided to petition you members of the Pardons and Paroles Board and other's in support.

    We are dissatisfied with the most recent decision you made regarding HAKIM'S parole eligibility, as well as the inadequate counselors performance  at the institution. No one informed Hakim of his right to an appeal nor did anyone secure him with the appeal application this second time around. That was very unprofessional in this type of case "lifer" should be informed and given an appeal from.

   We believe that you and your staff may not have had all the pertinent information needed to consider the fact that HAKIM was also a victim in this case.  For that reason we are still trying to understand why are you continuing to cruel and unusually punish him?  Why are you holding him totally responsible for the doings of another mans hands, actions and independent decision making?  This was not and still is not a mystery.  The fact HAKIM was negligently plotted against after the state lost their first trial against actual perpetrator ( Rickey Brown ),  in whom was found not guilty as a result of the state lack of evidence presented.  Ricky Brown had a violent history in fact after he was released he in fact committed another mistakenly murder but the last time it happened to be a four year old little girl.  Even before these two cases Brown been accused of the exact same charges, his history is known for violence. Hakim did not have a violence history, not before or after.

   Also, We would point out some factors in the case; 

Hakim's conviction was in the event HAKIM did not testify on behalf the state.  See:  Brown v. State 2001.  This was however critical, leaving the state with no other option but to pursue HAKIM as primary target after losing Brown's trial.  

   * "Just think if it wasn't a perpetrator then there could be no co-defendant" technically.

However,  none of the evidence presented pointed directly to HAKIM as perpetrator other than the prejudice evidence that was allowed to be used in exchange for undisclosed (DEAL) agreements. We have those affidavits and  witness as evidence and will present them any time at your request.

*This was starting point of HAKIM becoming victimized in this matter.  

*Once the state prosecutor sat aside their oath just to secure a conviction, only then Hakim became their primary target. 

NOTE:  It is unconstitutional but more or less illegal in an indictment charging party to crime where there are only one set of facts and evidence behind the event.   To prosecute one defendant theory as perpetrator and come back a prosecute other defendant as perpetrator is a illegal issue as a matter of law but it was done in Hakim's case.  The Fulton County District Attorney's Office pursued the case initial a case of intent. Intent to harm, hurt, rob or murder the victim.  The victim was a innocent bystander, there is no way you have fins intent in an in international homicide.  It was from their investigation that they believed defendant (Rickey Brown) to be the perpetrator.  This was because they knew.  Brown was the perpetrator from the original investigation, however, they couldn't convict two people with the exact same theory but evidence only proving there could only be one perpetrator.  That's an illegal matter of law that you are no other authority has ever addressed nor corrected.  Still his conviction stands, and just as the conviction stand it's illegal but yet in still  you would rather hold HAKIM instead of pardon him. Being responsible for another man action where intended victim and codefendant testified on Hakim for a two year negotiated plea agreement; We have those final dispositions and affidavit of Brown revealing agreements. We have submitted this document to the Georgia Parsons and Parole Board and will resend at any request. 

The acts of negligence and malicious prosecution aroused when HAKIM was made the primary target and convicted as the perpetrator. 

Accordingly to the transcript and records it was impossible for HAKIM to have been the driver and shooter See: McKee v. State 2004. Witnesses testified that Hakim was positively identified as driver. We have affidavits and witnesses in support of Hakim's Hakim defense and will submit them at any request by board.

There were other issues such as discovery violations where evidence was with held.  The affidavits of witnesses statements, that states:  " I witness this incident and I in fact gave statements the night of the incident." 

Apparently the information was helpful to MCKEE's defense but was undisclosed to his attorney before or during trial process.  We also have those affidavits and witnesses as evidence and will present at any request.

   We have continuously petitioned the courts on matters of illegal and Constitutional issues but the illegal matters of law that has yet to be addressed due to the negligence of those in authority.   We are left with no other choice but you.   It's is YOU ( Honorable Broad members) who has the authority to look into this case and if you find there is a matter of question of illegal conviction,  You can pardon the matter.

Furthermore,  The MCKEE FAMILY TRUST feels that the decision rendered should be reconsidered based on favorable facts:

 

He is a first offender,  he has never been into any trouble.  Never on any papers; probation/parole etc.,  Not in (society or prison).  See:  GCIC also Institutional DR records.
He has served well over the minimum time required under the statue he was sentenced back in 2002. He has now served 18 years come January 15, 2019.
He has taken full responsibility for his involvement and not only states remorse to the families of (both),  and it is obvious he has paid dues to society as he have served nearly 18 years,  17 and some odd months straight. If he is forced to until his next eligibility date which is 01-09-2019 He would served a total of 18 years. He would have invested over half his life in institutions.
He has not had a chance.  We believe he deserves a chance to serve as a citizen of our society/community and an opportunity to show himself a responsible productive human being.
On a new approach,  he is a better over all decision maker and has taken the effort to make a difference within himself,  even under his circumstances he has kept a positive mental attitude.  He has completed every program afforded to him there before is first parole eligibility date January 2015.  He has served as a mentor to the younger youth generation there.  He has also assisted by aiding A.B.E and G.E.D.  in helping others obtain their General Education Diplomacy at Telfair State Prison for De. R. W. Spaulding.  In his most recent achievement he received 960 hours O.J.T. for Barbara cosmetology.

   There is so much more,  I could go on and on with the productivity he has involved himself in.  I can assure you HAKIM is very much aware that he made a big mistake the day he decided to pick this guy (BROWN) up and have him a ride around in his car.

I will share with you this:  The MCKEE family and our community are for HAKIM. We supports him 100%.  We have deal with the unfair judgement of his case i.e.  (him being wrongful accused and convicted of a murder).  For 17 plus years we have hired attorney after attorney seeking the proper course of help.  HAKIM have even went to the extent of representing himself in his most recent petition to the court's state Habeas Corpus Petition. 

For them same 17 years HAKIM has had to watched from behind prison walls his only child be born and grow into a young man without his father.  For those same 17 years he had to watch the family go through changes,  grow,  pass but most importantly was his father's separation and the fact of the institution not allowing him to attend the ceremonial/burial.  He says that was the most painful experience of all event's that has occurred during his incarceration but his exact words:  "losing a life is a painful experience but it can't compare to having ones life ultimately destroyed due to false accusations that leads to a wrongful conviction.   We as a whole have become exhausted of our trust in a system that is supposed to serve justice for all yet in still they have serve such devastated unjust.  We've exhausted our time and energy.

 WE WANT CHANGE! WE WANT JUSTICE! WE WANT HAKIM HOME SOON!!!

We are dissatisfied with the way you all are continuing to allow this to go on but we will not STOP until he is granted a chance.  We will support and see him free,  on his feet,  on his own accord doing what responsible citizens does. It is unfair that we have allowed a man that was victimized by circumstances to be incarcerated for so many years.  We have not just taken him away from society but we continue to see him suffer and do nothing to help better the matter.  The MCKEE Family Trust have and will continue to work hard in making HAKIM's parole a reality.  We have HAKIM line up all types of support that cater to reentry or readjusting to society.  They have made it their business to get HAKIM in regular routine with everyday life and the community affairs (youth centers schools etc).  We have several support groups that have agreed to help us. One of the most prestigious groups is National Action Network. There are also Life after Incarceration and another one is called Giving Back to Human and the Delancey Street Foundation.  There are several others.  These programs are for ex felons who has been incarcerated for a long period of time.   We, the family, friends, mentor, Chaplin Hakim's fiancee all have either mail, email or fax letters over to you or your office individually.  Hakim's written you at the minimum ten letters himself, he has even went to the extent of writing the victim family and the district attorney's office. He has written the transitional centers and the Director Mr. Fountain over them. 

   If you believe in your system and what it was designed for,  then it's time you help support a good cause.  Help us see HAKIM home soon.

 

    we want justice and we asking you to please come together in support of a rightful cause, let's see Hakim home.

   MCKEE FAMILY TRUST RESPECTFULLY PETITION FOR MERCY



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