Pardon petition for my husband Earnest D. Jackson who was wrongly convicted of murder.
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Earnest Jackson was 17 yrs old when he was arrested of murdering Larry Perry in Omaha, NE in 1999. Earnest was arrested last after 2 of his friends; Shalomar Cooperrider & Daunte Chillous was arrested for the Murder.
The prosecution’s key witness identified Jackson only after seeing him with the other two defendants at an initial court hearing. The witness’s identification of Jackson appeared to combine the physical characteristics of two other men who were at the scene of the crime.
In 2000, a jury found my husband, Earnest D. Jackson guilty of first degree murder but acquitted him of the use of a deadly weapon charge. The court sentenced Earnest Jackson to life imprisonment for the first degree murder conviction.
Jackson was convicted only of the murder charge, not the accompanying gun charge, leading people to believe that Jackson’s jury found him guilty of murder under an accomplice theory aka aiding and abetting.
At Cooperrider’s own trial, he testified that he fired his handgun several times in self-defense, Earnest Jackson was not at the scene. Cooperrider also testified that Earnest Jackson was not one of the people who shot Perry.
At Chillous’ trial, Cooperrider again testified that he did not see Earnest Jackson at the scene.
Cooperrider and Chillous were both acquitted of Murdering Larry Perry.
My husband, Earnest Jackson filed a motion for new trial, alleging that Cooperrider’s testimony from Cooperrider’s and Chillous’ trials provided new evidence that would have changed the jury’s verdict in Jackson’s trial. The district court overruled Jackson’s motion for new trial, finding that Cooperrider’s testimony was not newly discovered, but only newly available.
Earnest sentence was vacated because of the U.S. Supreme court said that any juvenile convicted of murder must be given an opportunity for parole.
So in April 2016 my husband, Earnest Jackson was resentenced to 60 to 80 years imprisonment with credit for the 6,044 days. The court calculated that Earnest would be eligible for parole in about 13 1/2 years.
Even though my husband, Earnest Jackson did get relief from a life sentence. It's still not good enough due to the fact my husband is innocent of the crime. My husband has claimed his innocence since day one when he was arrested and nothing has changed.
My husband & I have been married almost a year. Earnest is going to be 36 yrs old in October and he deserves to have a real life with his wife & his family that has stood by his side this entire time.
Unfortunately the innocence project won't help us because its not a DNA case. Earnest has also filled out paperwork to get commutation, but the Nebraska Pardon Board told him not to contact them for atleast 2 yrs.
My husband has been locked up half of his life, hes already served 18 yrs for a crime he didn't commit. Earnest having to serve another 13 1/2 yrs just to get parole is unfair. The Nebraska justice system has failed my husband & so many others.
**How can there be a conviction for aiding and abetting murder when the alleged principals are found not guilty?**
Synopsis of the key points of my husband's case:
- The victim in this case was armed with a gun — and two of Jackson’s co-defendants claimed self-defense.
- Earnest Jackson was convicted only of the murder charge, not the accompanying gun charge, leading people to believe that Jackson’s jury found him guilty of murder under an accomplice theory.
- The only man convicted in this case was my husband, Earnest Jackson — a man whom jurors believed didn’t fire a gun. Cooperrider was acquitted; Chillous was acquitted.
- My husband, Earnest Jackson would have been acquitted if he had gone to trial after Cooperrider and Chillous especially if Cooperrider had testified at Jackson’s trial that he acted in self-defense.
Please share & sign this petition, be a voice for my husband and lets get him the justice that the Nebraska Criminal Justice System failed to do for him.
Thanks in advance for your support. Mrs. Earnest D. Jackson, aka Tracy Jackson
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