Petition updateExonerate Kenneth Clair: DNA Evidence Points to Someone Else.THIS PETITION IS NOW THE ONLY THING TO SAVE KENNETH CLAIR: DA SAYS NO NEW TRIAL !!!!

C. J. FordFullerton, CA, United States
Jan 10, 2016
I want to again thank all the supporters for your steadfast and relentless support of this petition. I am attaching the most recent newspaper article regarding Mr. Kenneth Clair’s situation. At first after reading this well-written and informative article, you will see that the opposition is clearly playing the “win at all cost card” to assure Mr. Clair will spend the rest of his life in custody without a chance to defend himself or have a new trial.
Here is how the new dirty trick by the justice system was set up and is being played out in the most recent attempt to deceive the public into thinking that they are acting in Clair’s best interest.
It started as one of those backroom deals made “secretively and covertly” to commute Mr. Clair’s death penalty to life in prison. On the surface it appears to make the justice system seem like they are showing compassion to Mr. Clair because his counsel errored profusely during his trial. Somehow these errors amounted to Clair getting his death sentence commuted, and Mr. Clair’s attorney then, just says he made some big mistakes while this attorney worked his way up to a sitting judge, and Mr. Clair became another innocent and wrongfully convicted person in the prison system.
In reality, this whole diversion is clearly to eliminate Mr. Clair’s chances of defending himself, and condemning Mr. Clair to a prolong life ending stint in prison. It is a good thing that this article was written and the plot has been clearly revealed. This has set the stage so the Orange County Justice system never has to give Mr. Clair a new trial and has silenced permanently any obligation that the DA has to reveal the real DNA “person of interest” identity.
Because of the article attached by Tony Saavedra of the Orange County Register, we learned that earlier this year the 9th Circuit Court of Appeals reversed the death penalty verdict for Kenneth Clair. The realization of the ruling’s existence was delayed for months because the Court elected to refer to Mr. Clair as John Doe. This was done because of concerns that aspects of the case could place him in increased danger in custody. The District Attorney has announced that it will “not” retry the case.
Unfortunately the Court of Appeal did not reverse Mr. Clair’s conviction, which means the fight for Mr. Clair’s life is not over, but arguably more difficult than ever. The rule of law in this instance is that, a defendant is not entitled to a lawyer for the purpose bringing a habeas corpus challenge unless he has been sentenced to death. With Mr. Clair “no longer facing the death penalty” it appears that he will soon no longer have an attorney to represent him.
However, this deceptive trick will not stop the momentum of this petition. We need to focus now on getting enough support to have Mr. Clair exonerated, since it is obvious that they will not give Mr. Clair a new trial. The justice system knows that if Mr. Clair got a new trial granted, there would not even be enough evidence to support filing the case.
These are some factual statements that the DA would have to deal with filing or even during a retrial. If Mr. Clair would have been granted a new trial, the prosecution would have a insurmountable burden of proof to even bring an action against Mr. Clair. Here is a sample to why the DA made this backroom deal to keep this matter out of court.
1. The police reports of the child who witnessed the murder, describing the person who murdered his babysitter as a white man.
2. The police reports of Detective Fred Buckles who tested the child's intelligence on being able to differentiate between colors, that resulted confirming that the child did know the difference between races.
3. The police report by Detective Fred Buckles where the detective admits that the child had to have witnessed the murder because the child knew exactly where the victim was stabbed and how the victim was brutalized. How the child’s description matched the crime scene and coroner's report. These key factors of the murder Buckles admitted could never have been known by the child if the child did not see the murder.
4. Recanting statements by Pauline Flores verified by her medical records, and supported by her caregivers Oprah Brown and Barbara Perry that Flores was in a bicycle accident, was highly medicated, and bed fast on the night of the murder, and was never physically able to leave the house of the caregivers until 3 weeks after the night of the murder. This was the prosecutions chief witness and in a new trial, the prosecution couldn’t even prove that Flores was even with Mr. Clair.
5. The tape that supposedly was so damaging and relied on by the prosecution, and the Santa Ana Police Department of the 2 attempts used in an attempt to have Mr. Clair confess. Flores’s entire testimony would be rebuffed because she lied about being there, and her recanting statement and support statements proved she wasn’t there.
6. The prosecutor would have the burden of proving that a black man in general committed the crime, when the child said it was committed by a white man.
Even without the 6 reasons already mention, the main reason that the justice system will not let Mr. Clair have a new trial is because the DNA evidence would be able to be used in the new trial, the name or identity of the person who matches the crime scene would have to be revealed.
So, this is why this was done secretly using Mr. Clair as a John Doe, because injustice has taken it’s next step to protect itself and it’s players. This, of course, makes the petition more important than ever…. Now this petition is the only thing that can be used to give any semblance of justice to Mr. Clair. Mr. Clair now more than ever, needs to be exonerated and needs our support, because Mr. Clair’s avenue of getting a new trial no longer exists.
So I am asking every supporter of this petition to keep putting this out on your social networks and keep getting additional signers. I will be updating this petition on a regular basis now because we are getting media to have the story exposed through publications, online, and on TV.
Again, your support is making a difference.
CJ
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