Timothy McGruder v. C. Gomez

 

Case Number 20-6265

In 1996, a gang saw a car full of children and parents who were part of a carpool, sitting at an Amoco. The gang knew that the driver was from a rival gang. So they shot up the car. Sadly, while many were injured, a four-year-old was murdered. They thought that the other passengers of the car were members of a rival gang, not children. Still, an innocent life was selfishly taken. 

The case went unsolved until 2001. Timothy McGruder and two other people were convicted without evidence based on a plea deal. A man named Rico was involved in crimes along with his brother, which involved drug trafficking, and they were facing life in prison. So, in order to get a lesser sentence, Rico pinned the crime on three people, including Timothy.

They didn’t have federal jurisdiction in order to convict Timothy. He was originally indicted on a drug conspiracy, the same indictment they gave the three people who framed Timothy. Before the trial began, one of Timothy’s co- defendant’s lawyers filed a motion to dismiss the case because the statute of limitations had been reached. The prosecutor, Jeff Paulson, lied and said that they had just REFERENCED the drug conspiracy, which is illegal.

Timothy's attorney was Keith Ellison, who is the AG of Minnesota now. Keith Ellison didn't show up until 30 minutes into the court hearing. While Mr. Ellison did a good job at proving that Rico was behind the hit that ordered the shootout, he did not do an efficient job at proving Timothy's innocence. First of all, Timothy was already in prison due to drug-related charges when Rico ordered the hit. Secondly, Mr. Ellison violated Timothy's 6th Amendment Rights by not allowing him to speak. Timothy had an alibi, he was at his Aunt's house drunk the night the shootout happened. Mr. Ellison only called one witness, Timothy's cousin, who was paid $20 by Timothy to clean up after him after Timothy threw up all over his Aunt's floor due to him being drunk. But, there were other witnesses. As I said, Mr. Ellison did not call them to the stand. So, again, while he provided enough proof as to who was behind the hit, he hardly spent any time proving that Timothy had NOTHING to do with that tragic shootout.

In Jeff Paulson’s closing argument, he said that Timothy’s cousin wasn’t a credible witness because he had prior convictions, which had nothing to do with Timothy’s case and were minor convictions. He also held up pictures of Timothy’s cousin along with Timothy’s brother, who was in a rap group at the time. Jeff Paulson lied and said that they were in a gang. Timothy’s lawyer, Keith Ellison, once again, said nothing.

Timothy has been serving over 20 years of a life sentence for a crime he didn't commit, all because of a lawyer who didn't take his case seriously. Now, Mr. Ellison gets to enjoy being Attorney General of Minnesota, while Timothy has missed out on seeing his son and grandkids.

This is all too common when it comes to black men and women who have been falsely accused and their lawyers don't take their cases seriously.

This petition is for the United States Supreme Court since Timothy is in federal prison and only they can pardon it when he appeals it. (Or President Joe Biden.) Please grant Timothy McGruder clemency. It's been over 20 years for a crime he did not commit. No one deserves this. No one.