Why is my son still in prison when DNA exonerates him?

Why is my son still in prison when DNA exonerates him?

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Tammy Nichols Barnett started this petition to Wayne County Prosecuting Attorney Thomas M. Plymale

I have two children - sons Philip and Nathan Barnett.  Both of my sons were wrongfully accused and convicted of a cold case crime they did not commit based upon a false confession of Brian Dement who was already in trouble with the law who took a plea deal in order to point the finger to three other men - my two sons and another man.  Dement not only gave a false confession, but also gave various conflicting stories of what happened.  Since then, he has admitted on two different occasions that he lied on my sons and fully admits he lied on the stand.

About two years ago, the Innocence Project became involved in each of my sons' cases in order to prove their innocence through DNA testing.  DNA testing was completed from a cigarette butt and semen found from the victim's pants that were gathered at the crime scene.  All DNA samples matches a convicted pedophile named Timothy Smith who has a history of abuse and other crimes against women and children and who was never ever questioned in the crime.

Although it has taken some time, my youngest son Nathan has served his sentence, but is still awaiting exoneration.  However, my oldest son Philip, the father of four young children, is still in prison and awaiting exoneration to correct this injustice and free him from his wrongful conviction and incarceration. 

DNA proves both of my sons' innocence, yet Cabell County (West Virginia) Prosecuting Attorney Sean ("Corky") Hammers refuses to vacate these unjust and wrongful convictions and is continuing to allow Timothy Smith whose DNA was found at the crime scene to remain unconvicted of this crime.  This is not what our appointed or elected officials are supposed to do, but instead a prosecuting attorney fights for justice like a prosecutor is supposed to do.  It is a travesty that Prosecuting Attorney Hammers will not even grant my son's bail motion while we fight to overturn his conviction.  Instead, there are further delays in the exoneration of our case.  DNA is scientific and doesn't lie!!!

We would appreciate your signing this petition to help our family have a united voice so Prosecuting Attorney Hammers knows the public expects and demands justice in this case by releasing Philip and exonerating both my sons and going after the real perpetrator - Timothy Smith.  Our family has lost 12 years in our lives because of my sons' wrongful convictions and this miscarriage of justice.

Our family and friends thank you for your support in helping to influence the Cabell County Prosecutor to do the right thing by exonerating both sons based upon various and powerful DNA evidence that supports their innocence and points to another man.  

We would appreciate your signing our petition before their August 30, 2018 hearing as time is of the essence and sharing it on your FaceBook, Messenger, Twitter, etc. and urging your family and friends to share it on their media accounts to get this time sensitive petition signed to help increase the strength of a united voice to Prosecuting Attorney Hammers who has the power to do the right thing by exonerating them based on powerful DNA evidence.  Each voice counts and can help in our fight in correcting the wrong that has been done. 


For more information on this case, here are some media links:

DNA Points to New Suspect in 16 year old murder case

Murder Case Reopened - Men to Expel Convictions

DNA Test Results Exclude Barnett Brothers and Identify Alternate Suspect

Innocence Project Mother's Day Blog


0 have signed. Let’s get to 15,000!
At 15,000 signatures, this petition becomes one of the top signed on Change.org!