"Support Release /Commutation/ 63 yr old Jack Allen" LWOP
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Why should I sign this petition?”
There are numerous petitions that have some excellent reasons to warrant attention. Some are sensationalized, and garner huge Public Outcries, and National attention. Is this one of those? No. At 63 yrs old and 21 years in prison and serving a Life Sentence for a Burglary Charge; we are merely trying to bring to light, anyone who will recognize, that this is a petition that is centered on the facts of a case that Denial of Due Process and Equal Protection under the Law obviously occurred. Shouldn't these types of Denial of Due Process be worthy of attention as well? Especially those that DO NOT WARRANT UNJUST LIFE SENTENCE! After reading the following facts, please sign the petition and help us right these wrongs.
In order for Jack to complete the sentence he was ultimately given, he must die. If a person gets ‘life’ in the state of Florida, like Jack did, it doesn’t matter if they are twenty years old or fifty – they will live to die in prison. It also doesn’t matter if they feel remorse or if they dedicate themselves to helping their fellow inmates. It doesn’t matter if they take every class the prison has to offer. Nothing they do matters. The state of Florida intends to incarcerate him until his last breath.
In the twenty one years that he has been in prison, Jack Allen has lost three brothers, a sister and a mother. He is sixty three years old and is not in the best of health.
Jack Allen describes a Life Sentence in Florida like this:
“It becomes worse and worse after every court denial, every death in the family, every marriage missed, every child born without you there. Special days like graduations and so forth are just nails in your coffin. Each passing day, more dirt is thrown on your grave, you are dead, and your body just does not know it yet.”
These are just some of the advert or inadvertent errors, deficiencies or mistakes in Jack’s case. Over the years we have been misled, deceived and flat out lied to and have had our hopes and dreams crushed time and again.
Twenty one years ago, in the spring of 1997, Jack was arrested for Suspicion of Burglary and minute amount of marijuana. After being questioned for several hours, he was UN-arrested for the Burglary charges, this was predicated on the fact that he DID NOT match the description that was provided by the homeowner; he was charged for possession of marijuana ( a minute amount) and released. He was then re-arrested on a capias for this same charge, 14 months later.
An attorney was hired and we was told by his Attorney that the charges were Ludicrous and this case would never go to trial. He proceeded to trial under the Williams Rule because Jack had a prior conviction. In Akers, the court stated that "[i]f prosecutors insist on crying the wolf of the Williams Rule they might eventually find the courts hard of hearing." Critics of the way the Williams Rule is often used by the prosecution say that trial courts fail to require the requisite showing of relevance to the current issues before allowing the Williams Rule evidence to be introduced. As such, these critics claim that the evidence is in fact being used to show the bad character and criminal propensity of the defendant. Such a use is prohibited by the rules of evidence. THE WILLIAMS RULE CANNOT BE USED AS THE PRIMARY FEATURE OF THE CASE,(on trial transcripts the State admits the Williams Rule was the primary feature of the case) IN JACK’S CASE IT WAS BECAUSE THERE WAS NO EVIDENCE…NO MATCHES ON DNA, FINGERPRINTS NOR POSITIVE IDENTIFICATION BY THE VICTIM IN THIS CASE!
Denial of Due Process and Equal Protection under the Law Violations:
Jack’s rights to a speedy trial were in violation. In Florida, The Speedy Trial Rule, or Florida Rule of Criminal Procedure 3.191 states that once a person has been arrested, they must be brought to trial within: for a felony within 175 days.
During Trial, Jack was presented to the jurors hand-cuffed, chained and shackled by defense counsel (who admitted was an error on his part). This Due process right to a fair Trial was violated.
At the time of sentencing, a life sentence in Florida requires more than 365 points. Jack had 102 points, 74 of those points were for this charge.
During Jack’s Evidentiary Hearing for the Speedy Trial Violation, Hearing Counsel (Public Defender) failed to aggressively argue the Speedy Trial Violation, due to a possible conflict of interest within the Public Defender’s Office.
During Trial it was finally revealed during the Trial by the testimony of a lead Detective in the case, that the fourteen (14) latent prints they found, not belonging to the homeowner, NONE OF THEM MATCHED JACKS!
DNA evidence, consisting of hair samples, taken twice, results showed it DID NOT MATCH Jack’s. However, the DNA evidence was never submitted to the court during the trial. This evidence that could have exonerated him was left out!
Jack WAS NEVER identified by the homeowner as the perpetrator, yet the perpetrator was mere feet away during the alleged crime, nor through a line-up or while face to face in Trial court.
Jack has fought these numerous court errors in his case Pro Se (without counsel) to no avail.
Jack continues to be a model inmate; he is a mentor, teaches fellowship and is known to always be active in helping others. Through his years of incarceration, he has sought out any and all vocational, educational, technical, rehabilitation and spiritual classes available to him and continues to do so. He is currently in the process of earning his Bachelors degree. Jack has always believed education is an essential key factor for virtually all areas of life. Listed Below are some of what he has accomplished while he was incarcerated.
Associates Degree in Religious/Biblical Studies (3.9 GPA)
Faith Base program-Current
Writer, Editorial Columnist & Editor for the Graceville Prison Gazette (3 yrs).
Certified Data Entry Operator
Certified P.C Support Technician
Certified Digital Designer
Completed 12 steps of Jesus drug tier program
Inside Speaker NA/AA
Completed thinking for a chance
Completed Life Skills Course
Completed Texas Christian University Faith Based Program
Completed Criminon Course as a stellar student
Completed Cognitive Skills class and was a student teacher
Completed Two Extensive Bible Courses(received Certificate & Bibles)
Attended Kairos as a candidate and served as a cha-cha
Secretary Veterans Group
V.P Veterans Group
Coach Veterans Group Softball Team
Captain Honor Guard Veterans Group
Originator & 1st Editor “Forward Observer” Veterans Newspaper
Elected Elder 4 Times for Graceville Messianic Fellowship (8yrs)
Head of the House/Senior Elder at GCF
Guest Writer “Continuum Of Care” (GCF) Newspaper
One-on-One Counselor to troubled Inmates for the past 20 years.
Jack has never claimed he was pure as driven snow and admits he has made bad choices in the past. Not a day goes by that he isn’t wholeheartedly repentant, especially for those he affected. Over the past 20 yrs Jack has proven to be a model inmate and continues to strive. Jacks ultimate goal, and with all his best intentions, motivation, education, and determination, would like to move forward from this incarceration, enter society and continue to help and serve others by mentoring and teaching fellowship, and to come home to his family where he belongs!
After 21 years of imprisonment, 63 yrs old with numerous health issues, further incarceration is Unjust. Please don't let this Life Sentence turn into a death sentence, please join our petition, by signing and sharing it with friends. Thank you in advance for your support.
We respectfully request release from this life sentence to allow him the opportunity to prove himself worthy and come home to his family.
Sincerely & God Bless, Karen Michalak & Kristin Allen
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