Petition updateExonerate Kenneth Clair: DNA Evidence Points to Someone Else.PETITION SUPPORT IS NOW 120,360 PLUS: WHY I STARTED THIS PETITION...
C. J. FordFullerton, CA, United States
Dec 29, 2015
We have surpassed the 120,360 supporters mark. We have a lot of plans coming up after the first of the year as far as events and direct protesting. I think that it is time to let you know how I got involved in the Clair case and my reasons for starting this petition. I will try to keep it as brief as possible, but there was a host of reasons. I have made a career of looking into wrongful conviction cases and trying to assist my clients in overturning bona fide wrongful convictions. The Clair case was one of these cases. The Federal Public Defenders office worked on the Kenneth Clair case for 15 years. I independently got involved with the case because The Federal Public Defenders office was not doing anything productive on the case. The FPD was not cooperative with me when I began my investigation. Without the FPD assistance, I found Curtis Lee, Clair's alibi witness and also found Clair's girlfriend Pauline Flores. I interviewed Flores and she recanted her statement that she made at the trial, by stating that she was coerced at the time of the trial, and that she was mad at Clair for physically abusing her. The FPD office was told and believed for 15 years that the physical evidence was destroyed in the case. This was told to them by the Santa Ana Police Department and the Orange County District Attorney's office. I found out through my independent investigation that the evidence was not destroyed and that the Santa Ana Police Department still had the evidence, although they lied to the FPD about it for 15 years. The FPD office decided to be more cooperative with my investigation, but would not submit my report to the court on the newly discovered physical evidence. The case was in the district court when this occurred and the only thing that the FPD office submitted from my investigation was the alibi witness statement and Flores recanting. The FPD office refused to enter the physical evidence into the case. I decided that I would submit my independent report of finding the physical evidence into the district court, regardless of the FPD office. I put my report into a sealed envelope and filed it against the case. The district judge was angered by me submitting the evidence into the case without it being done through the FPD. The judge refused to open the envelope clearly marked to contents of physical evidence. The court sent me a notice that I violated one of their Statute of court procedure. The judged ruled against Clair. The case then went to the 9th Circuit Court and the judge there overruled the lower court judge and stated that the physical evidence that I submitted in my independent report should have been opened and reviewed by the lower court. Clair won back all his credits that were taken away from him by the district court. The FPD office went with me to the SAPD where we inspected the evidence, took pictures of it, so that we could submit it for testing. The FPD office never submitted the evidence for testing. Clair tried to fire the FPD office, and some of the issues were heard in the U. S. Supreme Court. The newly discovered physical evidence was also an issue regarding Clair wanting to fire the FPD office. The FPD office was not doing anything to assist my investigation, and that my investigation efforts needed to become legal actions in Clair's defense. The Supreme Court had a majority of opinions that ruled against Clair, even though good supportive arguments were made. Clair's case came to a standstill for years. There was occasional legal briefs filed that were non productive. I continued my investigation and found out through confidential sources that the DNA did not match Clair's. I broke the news to the local newspaper, "Orange County Register". The paper did not give my investigative firm any credit for finding out that the DNA didn't match Clair's, but the Orange County DA admitted to the newspaper that it was true. However, they (DA) made a statement stating that he still thinks that Clair committed the crime, but he just did not leave any DNA. I continued my investigation even though Clair's defense counsel was not too cooperative. Later I found out through sources that the DA's office had found out years ago who the DNA actually belonged to, but decided not to release it to the defense. This is why I started this petition because this case will not be solved by the normal legal procedure because no one in that arena cares enough to move to get Clair exonerated. The DA doesn't care if Clair is innocent, they just want to have Clair die of natural causes why they use stall tactics, when the DA knows who committed the crime. The DA does not want to admit that they were wrong, so the DA continues to make Clair suffer, and even execute him to cover their mistake. I think that the public is tired of the judicial system, both the prosecution and the defense, and this is why I created this petition. I want the public to know what is going on and as many people as possible, to read about this travesty of justice. The Clair case is outrageous at it's best, and it is obvious that our justice system has failed him. The sad part about all of this is that there are many dishonest prosecutors and lazy defense attorneys. This case deserves to be put out in a public, so it will not be easy for the justice system to create disposable people as a means for solving crimes, and advancing DA's careers. This petition should not have been necessary except for the fact that the public support will hopefully force the justice system to do the right thing. The public will be a force in making not only the prosecution do the right thing, but it will also be able to keep it's eye on the defense so the defense doesn't become ineffective and not do the necessary follow up work. This petition is bigger than just the Clair case. This case is representative of other cases that have failed innocent people because we have a system that rewards prosecutors for convictions instead of finding out the truth. A lot of innocent people are convicted because they did not get due process of the law. Some innocent people have been executed, later to find out that they were actually innocent. We have to do something about this and I think that this petition is a start.
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