Please help us hold the AZ courts accountable. My son's life MATTERS! His story has not been looked at.

My son was convicted and sentenced in 2010 in the state of AZ. 

Fact: My son's attorney was impaired by drug use. 

After my son was convicted and sentenced his attorney died of an overdose.

The death of the attorney in June of 2021 gave us proof of what we suspected.  He died of an overdose of a combination of GHB, THC and meth.  His ‘significant other’ stated in the police report that he was in and out of rehab for years and that he had an ongoing drug use problem. It also stated he had some ongoing mental health issues. His ex-wife confirmed that he was in and out of rehab 4-5 times between 2007-2015, which was the timeframe of when he represented my son. 

This attorney had encouraged my son to go to trial. For months he was pumped up and thought we had a good case. He neglected to inform my son of the consequences of prison time if he was found guilty.

The attorney told us that the plea offer was ‘shitty’, the Judges were awful and the Judge that oversaw the Settlement Conference did not know what he was talking about. And anything the Judge had stated would change once he filed the Motion to Sever the charges. A Motion he never filed, as promised.

Consequently, if my son was found guilty of one charge he would be found guilty of all charges. 

As the trial date came near the attorney displayed erratic, strange behavior. The deterioration of his performance was observed in his lack of communication with my son, lack of preparation for trial, even the simplest of tasks of interviewing a single witness on my son's behalf, filing Motions he said he would, etc. he did not do. His mood swings were off the chart. The night before trial he came to my son and asked him 'So, what's the game plan?'

On the first day of trial, my son addressed the court directly, expressing serious concerns that his appointed counsel was unprepared for trial—failing to interview key witnesses, let alone any witnesses even though a list of 8-10 persons had been provided to him, failing to obtain an evaluation, failing to properly review crucial evidence and have it properly reviewed by a professional, and neglecting basic preparatory duties.

The plea deal offered to my son was a flat 14 years with an additional 6 years at 85%. That would be approximately 19 years, 1 month.

My son was found guilty. He received a 152 ½ year sentence. Excessive and egregious. The court applied what is known as 'Trial Penalty'. Because he exercised his constitutional right to a trial, he was given an excessive sentence that is 8 times greater than the plea offer was.

This is a strong case of Ineffective Assistance of Counsel.

My son's current attorney filed the First Motion for Post Conviction Relief to the courts prior to proof that the attorney was an addict. 

Note: The trial attorney had 7 Arizona Bar Association complaints filed by other clients between 2008 and 2010, and while he had my son's case.

The first Post Conviction Relief Motion was denied by the courts. Why? Because of court error. They have errored, stating his first Motion before the courts is his fourth. 

A first Motion is held to a different standard than a fourth Motion filed. That error violates my son's Due Process and his civil rights. 

Once we had obtained absolute proof of the attorney's addiction, a Second Post Conviction Motion was filed with this ‘newly discovered evidence’. It was brought to the court’s attention within that Motion that the court was in error pertaining to how many Motions had been before the court.

The court again denied the Motion, ruled it untimely. They stated it was his fourth Motion (again) before the court. 

My son has completed 17 years as of Feb. 2. He will die in prison if we cannot get someone to 1) acknowledge the court error and 2) allow his Motion to be read and a hearing made available to his current attorney. We are also looking at fighting the excessive sentencing or Trial Penalty.

My son's personal growth and transformation while incarcerated show in his commitment to his community. He became ordained by Universal Life Church, is a mentor, leader and counselor to those who seek and need help within the prison. He is a representative for the prison, a liaison with administration, elected by his peers. He has completed any and all courses made available to him. Donated $881 of his wages over the 17 years to charitable non-profit groups. Organizes sports leagues, games, and competitions for all inmates. He has had continual employment with an exemplary conduct/behavior record. He is also an artist and illustrated the cover for a published prison recipe cookbook.

My son has not received his Due Process.

I only pray that before I die, I can make the difference between his life being thrown away and a second chance look at his case.

Please help by signing this petition. And, if you do, thank you.