Ivan Eberhart was indicted for (1) Conspiracy to posess and distribute drugs, (2) Distribution of drugs - supplying Charles Bolden with 2 kilos on 12/15/98. The only act in furtherance of the conspiracy was the distribution of 12/15/98. Ivan Eberhart was acquitted of that charge because it was proved, beyond a shadow of a doubt, that he was 13 miles away from River Oaks, where Bolden said he received the drugs. As Bolden said in his own 2255 motion in 2003, he was scared (when caught with drugs) and when the DEA said they would not give him the mandatory minimum if he named his supplier he gave them "the first name that came to his mind - Ivan Eberhart.") The agents did no surveillance of Eberhart, because Bolden could not keep his story straight and finally admitted he lied, he was not allowed to testify - so there were no witnesses, only the DEA agents who provided Bolden's hearsay testimony, and who said that Eberhart confessed to them, but the confession was not written out or signed and one agent lost his rough notes, the other never took any. After the conviction, it was discovered that Bolden received a superseding indictment for 5 kilos, and Eberhart's name was dropped as his co-conspirator. The government admitted that Eberhart did not know the other persons who conspired with Bolden. The appellate attorney filed a motion for new trial citing the lies the AUSA told, and the judge granted it, but the government appealed it and it was overturned. The trial focused on proving the delivery - of which Ivan was acquitted; and the word "conspiracy" never came up in 500 pages of testimony - until closing statements at the end of the trial. Although he was acquitted of the 2 kilos, the only quantity stated in the indictment, the jury was given a "special verdict form" and asked to find him guilty of 5 kilos or more - amounting to 10 years in prison for a crime he did not commit - in fact there was no crime. The judge stated that he continued to feel that Ivan Eberhart did not receive a fair trial and deserves a new one.
In Ivan Eberhart's indictment, the only action in furtherance of the conspiracy was supplying Charles Bolden with 2 kilos of cocaine on December 15, 1998. That charge was also the basis of count 2, distribution, of which Ivan Eberhart was acquitted after 5 credible witnesses (2 police officers, a repairman, a neighbor and his mother) established that due to a burglary in his home, Ivan Eberhart was at home, 13 miles away from the site he was alleged to have confessed to supplying Bolden with drugs.
The government cited his confession as the most damning evidence against him. That confession was only on the word of the two agents. It was not written out and signed, nor was it recorded or memorialized in any way. Also, there was nothing in the alleged confession that pointed to an admission of conspiracy. The confession basically said that he admitted to supplying drugs to Bolden in River Oaks on 12/15/98 (a charge he was acquitted of); that he admitted to being Bolden's suplier and having 2 other customers (this was never proved); and that he admitted to having a supplier whose first name was Tommy and last name unknown (the agents did not bother to look for this person, or to establish if he really existed.)
Charles Bolden never came to trial to testify against Ivan Eberhart because the AUSA said they didn't know what he would say. Also, his initial statements, before he recanted, lined up perfectly with what the agents said Ivan Eberhart confessed to. So the alleged confession was testified to by the agent who didn't take notes; and Bolden's statements were brought in through hearsay testimony by the agents.
The judge tried to right the wrongs done at trial by granting a new trial, but the government appealed it and the appellate court reversed the judge's order. The appellate opinions should also be investigated by Congress, who has oversight over the courts, because their opinions were based on facts that were not true, or the errors were found to be harmless based on laws that do not exist.
His appellate attorney stated that never before in history has a defendant been convicted of a federal conspiracy with no evidence, no surveillance, no co-conspirators, no co-defendants, no witnesses - and in eight plus years, the government has not been able to find anyone to come forth and say "Ivan Eberhart is a drug dealer."
We must stop filling our prisons with innocent people, because gang members cannot give up gang members, and therefore, if caught, will find an innocent person. As my representative, it is up to you to protect innocent citizens from wrongful convictions, and when they are wrongfully convicted, it is the duty of the President, Congress and the Attorney General to see to it that it is investigated and make sure an innocent person is not taken from his family based on the corruption and lies of government prosecutors.