Words by #teamfreedionmcintosh

The friends and family of Mr. McIntosh have  created this petition in an attempt to rectify the injustice imposed on him by the court system due to improper and negligent conduct in their failure to abide by the laws put into place to ensure he, and all citizens of this United States be given a fair trial. The law states that one is innocent until proven guilty, and in order to fairly uphold this law very specific instructions which are outlined and supported by laws, must be followed, and applied. 

     It is our intent to bring awareness to the public in regards to Mr. McIntosh’s unjust circumstance, who has been incarcerated for over 20 years, and has maintained his innocence regarding allegations that were quite apparently manufactured and tailored by the prosecution for the sole purpose of achieving a conviction in his case. In the end, Mr. McIntosh remains in prison serving out a lengthy sentence for a crime he was wrongfully convicted of during a faulty litigation which greatly disregarded the laws put into place in order to allow all citizens a fair trial.

 

     In 2002, Mr. McIntosh was convicted of  Attempted Murder in the First degree, under the witness elimination theory, Kidnapping in the First degree, Attempted Assault in the second degree, and Criminal Possession of a Weapon in the second degree.  Even after numerous appeals, Mr. McIntosh has been denied the right to a fair and just trial  despite valid  questions raised regarding the blatant disregard for the law by withholding evidence pertinent to ensuring a jury of his peers be given the complete true account of the circumstances which took place prompting his arrest.

     

     Surprisingly, in one of his last attempts to gain relief from an injustice  conceived in his trial proceedings, a Magistrate Judge, while providing a recommendation and report to deny his petition, assured the District Judge that: “To be sure, there is some evidence pointing to McIntosh’s possible innocence.” Thus he highlighted testimonies from that of Mr. McIntosh’s brother and uncle, including DNA test results discovered two years later, that were omitted during Mr. McIntosh’s trail;  one of the very reasons that constructed a unfair and one sided view of the circumstances that places Mr. McIntosh as a guilty rather than an innocent person. Additionally, reports from investigative officers suggest that the witnesses were “coerced” to give false testimony from the beginning, leaving then a tremendous worry about the handling and violations of Mr. McIntosh’s Constitutional rights.

     Twenty plus years later, Mr. Mcintosh continues to publicly bring awareness to the injustice he has suffered; being tried and  prosecuted by a malicious DA, a manipulated witness, and a biased judge that at the end of trial stated: "He, like the jury, did not believe the defendant." A statement at odds with the jury's acquittal of Attempted Murder in the First degree under the theory that he intended to cause the death of a police officer.

     During the course of his incarceration, Mr. McIntosh has discovered information and  other evidence that was never placed before the jury; key information that would have changed the entire view of the allegations presented by the prosecution's office. Innocence would have been made evident,  or at the very least, would have cast doubt in the minds of the jury. Let us be reminded that one cannot convict unless they believe a defendant is guilty beyond the shadow of a doubt.

     Mr McIntosh tried without success to recover favorable information/evidence from the District Attorney's office that was strategically left out from his trial because the information contradicted the witness's testimony. The prosecution deliberately failed to investigate information in the possession of the Office of Chief Medical Examiner because the information created severe doubt for their case. History has already established that the ADA prosecuting his case, was guilty of such negligence and misconduct  in other counties  when prosecuting in other  instances;  intentionally withholding OCME information/evidence from defense counsels.

     Mr. McIntosh remains in prison, left with no other option, but to continue serving an unfair and unwarranted jail sentence. He lives with the knowledge that he was treated unfairly when arrested, charged, over-indicted, and convicted during an illegal trial. Because of this 41 1/3 years to life sentence, Mr. McIntosh will not be eligible for parole until the year 2042 when he is 65 years old. Even at that time, his release is not promised.

      After serving over 20 years in prison, Mr. Mcintosh has not become bitter or resentful towards the criminal justice system. In fact, he has dedicated his time to improving himself as well as his community, by participating in numerous programs geared towards growth, change, self improvement, self empowerment and community building. He has become an influential community member within the prison population by assisting other men in understanding the ramifications of their negative thinking and behavior.

     As we understand it, the primary purpose of incarceration is to “rehabilitate” the person convicted of a crime. In such a context, rehabilitation is the process of helping men and women grow and change, learn to function, and positively contribute to society. It is intended to create the opportunity to separate oneself from the environmental factors that prompts them to  commit a crime in the first place. Giving prisoners  the opportunity to learn how to overcome the obstacles brought on by systematic poverty and oppression in low income communities in a more positive way, will lead to a lower recidivism rate. Just as we recognize the need for incarceration, we must support the need to release men and women when they are, indeed,  rehabilitated. 

     While Mr. Mcintosh continues to shed light on his unjustified conviction,  he has demonstrated that he is rehabilitated in every form possible by demonstrating behaviors that display respect for himself and others, a willingness to be an asset in his community, and seeking higher education provided for him as a  way of learning how to survive in society, as well as a way to give back. He grew up having to survive the streets of a low income, drug infested, dangerous community. He has learned to better prioritize, and how to move forward being an asset to this same community.Thus, he should be provided with an opportunity to take the necessary steps to advocate for positive community building, women's rights and treatment, victim's (persons affected by and effected by criminal behavior) awareness, youth awareness programs, men's responsibility in modern times, crime prevention, social unity, mental health awareness, educational structures of the criminal justice system, and restorative justice.

     This petition is established to request community support in asking  the governor of New York State to invoke his/her executive power to commute Mcintosh’s sentence in the form of a time reduction. This request does not ask for immediate release, but rather requests that he be given a chance to at least be seen by the parole board in order to be considered for release.

     If you would like to connect with Mr. Mcintosh with any questions or suggestions regarding his situation, or in order to simply make your own assessment of his situation, please feel free to contact him:

Dion Mcintosh    DIN.03A0614

Green Haven Correctional Facility

PO Box 4000

Stormville, New York 12582  or by setting up a secure messaging account on  jpay.com