“Minor setback for a major comeback”

CASE INFORMATION

Joshua was a young man that was attending college where his whole life changed, and became a victim of the injustice system. On April 2011, there was a Home Burglary Robbery of three men. They were held ur gunpoint while their home was raided. Then were put into a bathroom as the gunmen fled. The victims identified 2 of the three people that they said robbed them. As for one of the people they had a mask on.
By the testimony of one of the identified robbers, Franklin O. Anderson, Josh was charged as the masked gunmen. He was charged with 16 Felonies from this one incident. He maintained his innocence, and at a preliminary hearing while being held without bail. In which this was Josh's first offense, no prior criminal history. At the hearing the Prosecution was forced to put off the case towards Josh for lack of evidence. Then 3 Months later brought the charges back up. Which again he was arrested with no bail. Josh took a trial by jury. The Prosecution relied their whole cas based on the testimony of Franklin O. Anderson and Derica Donofrio for being considered the driver. Prosecution tied Anderson and Josh due to the fact, of them going to the same school. As for Donofrio couldn't make any connection. Even with defense showing that Anderson took a long delay before being willing to testify. And Donofrio shown lying in court at other codefendants hearing, where she states someone else did, what she said at trial that Josh did. Also both agreeing that they are testifying for leniency. Even more to their untruthful desperation, Anderson testified to Detectives that Josh and Donofrio were married. Then Donofrio testified to not knowing Josh and that she is a lesbian. The victims testified to not knowing or even seen Josh. The description of the masked gunman was height of 5'10 to 6'0, and it was shown Josh was 5'8. The Detective's did forensics at the scene after being aware that the victims had no gloves on, as they ransacked the home. Which Detectives testified to recovering not one hair, fingerprints, or footprints connect to Josh. Then Anderson testified that Josh got involved with the robbery by phone call of another codefendant. Again the Detectives did a subpoena of all codefendant's phone records, and then testified that there was any communication between Josh and the person who he said called him, on either of there phones. Anderson gave no explanation. With Detective's due diligence of there investigation to forensic evidence (which no phone records, no DNA, no gun found on Josh or mask, or even I.D by victims) and victims testimony, both contradicting the testimonies of Anderson and Donofrio. Josh was convicted of all 16 Felonies which were; Home Burglary, Conspiracy to Robbery, Conspiracy to Abduction for gain, 3× Robberies, 3× Abductions for gain, 6× Use of a firearm in commission of a felony, wearing a mask in public. All from one incident, on his first offense, with no one harmed, received 43 years. (Commonwealth of Virginia v. Joshua D. Blair Docket No. CR11003413) Anderson received 4 years, Donofrio received probation, and the other two people involved who was one, the planner who is 6'0 and knew victims and everyone besides Josh. And was known for robbery, but they testified he sat in the car, received 13 years. The other gunmen who the victims identified and said he did it all by himself sentenced to 18 years.

ERRORS IN CASE

1) insufficient evidence, for there was no physical evidence linked to Josh. Neither phone records which supposedly started his involvement. Victims didn't identify him nor described Josh's raspy voice or height. There was no gun or mask recovered on Josh or at his residence.
2) Josh was indicted by a witness who wasn't even on Josh's case, but courts will not release what was said.
3) One of the jury members lied and said they didn't know Josh. Then 3 of the jury worked for the Police Department and one knew the victims.
4) Lawyer was ineffective for not introducing to trial the jail notes written between codefendant conspiring to testify against Josh so they all can go home. Which the two who received the notes did.
5) For the holding at gunpoint for the robbery, he was charged with Abduction for the same act which is violation of 5th Amendment Double Jeopardy Clause and Virginia law, for abduction has to be separate and apart not incidental as this case is. Wiggins v. Commonwealth of Virginia.
6) Receiving 6 gun charge without recovering a gun or any concrete evidence to show if Josh ever losses a gun. Which these charges alone carry a mandatory 28 years.
7) And Josh receiving more time than codefendants, even when his sentencing guidelines stated a range from 13 to 28 years. Since he is a first offender.

Josh is now planning to petition to the Governor Northam to exercise his ability and law to run concurrent Josh's 6 Use of a firearm charges that will reduce his sentence to 20 years. Which will leave Josh 8 years to do. For his current time deprives Josh of a second chance. Why should the people the victims know who did it get a second chance at life and not the person they don't know. Where is the justice for the victims and Josh and his family. He needs your help you can also contact the Governor and Senators either mail, email, or call. Please help and Thank You!

Governor of Virginia
Patrick Henry Blvd. 3rd Floor
1111 East Broad Street
Richmond, Va 23219

Pardons, Secretary of the Commonwealth
P.O. Box 2454
Richmond, VA 23218

district25@senate.Virginia.gov john Edwards

district04@ senate.Virginia.gov Joe Morrissey

district33@ senate.Virginia.gov Jennifer Boysko