Petition update

THE FACTS ABOUT PAULINE FLORES'S MANIPULATION BY THE DA ALONE SHOULD LEAD TO CLAIR'S EXONERATION!

C. J. Ford
Anaheim, CA, United States

May 9, 2016 — If you have seen this video on Pauline Flores’s recanting statements, or even if you are new to this Journey for the Truth, this is the actual content of Pauline Flores’s declaration to the Federal District Court. The Prosecution did not oppose the testimony in Flores’s, Brown, or Perry’s declarations. So these documents, and the prosecutions decision not to cross examine Flores, Brown, or Perry made these statements an undisputed fact in the Clair case. However, Tony Rackauckas and the O. C. District Attorney’s office, had the opportunity to dispute and have these declarants cross examined, but the O. C. District Attorney knew that these documents were true. That is why it is disingenuous, nonfactual, misleading, and a all out lie for the district attorney to try to rely on statements that Pauline Flores testified to, or build a conviction around the testimony of a person who was not even present on the date of the murder.

The district attorney used Pauline Flores who had a personal score to settle with Clair and manipulated that situation, took advantage of her accident and memory loss, added coercion to make Flores feel that she would become and assessor to the crime in the DA’s attempt to place Clair at the scene of the crime. The only real witness to the crime was the child, who's account of the crime was consistent with the coroner's report, and now is confirmed by the DNA results that shows that someone else committed the crime. If the prosecution does not want to reveal the name of the person that is tied to the DNA, they can release the race of that person. The DA’s office already knows that that person is a white person.

Pauline Flores’s testimony contained lies about material facts. In the situation, Pauline Flores testimony should be removed in its entirety from this case. The detective and prosecution intentional manipulation of their star witness was the overwhelming weight that convicted Kenneth Clair. These actions by themselves should unequivocally lead to the immediate exoneration of Kenneth Clair. There is no star witness, the DNA evidence point to someone else, and the DAs office has absolutely no reason, except self-serving reasons, to be depriving Kenneth Clair of his freedom.

DECLARATION OF PAULINE FLORES (AKA CODY, AKA NEITZ) IN SUPPORT OF KENNETH CLAIR’S FEDERAL PROCEEDINGS

I, Pauline Flores (AKA CODY, AKA NEITZ), declare as follows:

1. I have personal knowledge of the facts stated in this declaration, and if called upon to testify, I could and would testify competently thereto under oath.

2. I testified in the Preliminary Hearing and the Trial of the State of California vs Kenneth Clair case number C-57572. In this trial, I testify that I was with Kenneth Clair on November 15, 1984 on the night of the murder of Linda Rodgers.

3. Nine days prior to the date of the murder on November 6, 1984, I was released from the hospital after suffering an critical head injury. The injury occurred on October 30, 1984.

4. My admission diagnosis in the hospital was Head Trauma, Epidural Hematoma, and Skull Fracture. During my hospital stay, the operation that was performed on me was a Parietal Burr Hole, removable of epidural hematoma, go coagulation of branch of the posterior meningeal. On my release from the hospital, I was given 300mg of Dilantin to take on a daily basis.

5. After release from the hospital, I spent at least two to three weeks of rehabilitation and did not come out of my home alone because I could not function normally. I needed help to regain my normal speech, I had to have assistance walking, and I suffered nearly a complete memory loss.

6. My memory was so bad that I did not recognized close family members, and close friends that I would have normally recognized in the past. I did not recognize Barbara Brown (aka Barbara Perry) who was my best friend, Opal Brown, was like my mother and I had lived with them. I would not have even recognized Kenneth Clair during that period, unless someone were to tell me who he was.

7. I could not have gone out of the house on November 15, 1984. This was only a week after I was released from the hospital. At this point I could not even walk unassisted, I was still suffering memory loss, and I could not have remembered a specific date, nevertheless any events in any detail. My parents and my family were very protective, and did not allow me to leave the house during this two to three week unassisted, and I was not physically able to leave on my own.

8. On or about December 26, 1984, I called the Santa Ana police department requesting the status of an assault case I had filed against Kenneth Clair to get a status report. On or about December 27, 1984 I met with Detective Buckles in regards to this matter. However, Detective Buckles did not address the matter that I came to see him on, he started talking to me regarding jewelry and a murder.

9. The police detective took advantage of my mental state at this time, which was a combination of injuries that I have suffered in the accident, and my immediate anger and hatred of Kenneth Clair to manipulate me into assisting them in placing Kenneth Clair at the crime scene and the murder of Linda Rodgers.

10. I assisted the police department in this investigation because I felt it was my duty to be a good citizen, plus the fact that the please convince me that Kenneth Clair had committed the murder.

11. I was never told any information regarding this case at any time regarding another murder suspect was identified by a child as a white man. I was repeatedly told that Kenneth Clair had committed this murder. I was told over and over again that the date that I was with Kenneth Clair was November 15, 1984. However, I was never sure of the date, or even if I stated it at the time, I was not mentally competent enough to remember the date or even clearly any events that occurred. Addition to that both Opal Brown and Barbara Perry know as a fact that I was not even able to leave the house on that date.

12. I did not intentionally try to mislead the court or any investigators by contradictions in my statements over the years. The truth of the matter is that I did not have vivid memories during that time of any events, dates, or occurrences. I know certain parts of my testimony might have occurred, but as far as the exact dates and the order that they occurred I could not remember. However, I now know through people who were taking care of me, and seeing me on a day to day basis during that period of time that I could not have witnessed anything on that date involving Kenneth Clair and I did not even see Kenneth Clair that day.

13. I sincerely believe that I testified to my best of belief and knowledge at that time, but the people that the defense could have called that knew my whereabouts, condition, and mental capabilities such as Opal Brown or my best friend Barbara Perry (Brown) were never called to the stand to testify to my condition.

14. I did not know until just recently that Opal Brown or Barbara Perry (Brown) had even submitted statements to the court that seriously question my mental state and my physical condition before and after the murder. They were very close to me, took care of me, and they were there. They did not have memory or physical problems that I did. I have no reason to question either one of their observations because they cared for me.

15. I was interviewed by defense investigator, C.J. Ford Jr. on or about May 30, 2005. Mr. Ford showed me documentation regarding the statements of Opal Brown and Barbara Perry (Brown), and I had the opportunity to discuss their declarations with them. I had never seen these declarations before. Mr. Ford also went over my testimony and the contradictions in my testimony and interviews. I was not aware of these contradictions, and after he revealed them to me, they appeared as if I was not being truthful in my accounts of the events. These contradictions would have not occurred if my memory was stable at the time. I know that some of the occurrences could have happened, but none of these things happen on November 15, 1984.

16. I have thought of these events over the years. It wasn't until recently when Mr. Ford showed me documentation of my testimony and other declarations and documents of the case that I got a clear picture of how I was misled and used in this matter. It was clear that my mental capacity was impaired at that time, and I should not have even been allowed to testify. I believe that the prosecution was aware of my conditions and manipulated me into testifying regardless of that, to convict Kenneth Clair.

17. I am glad that I can come forward now. Hopefully it will not be too late to clear up the critical error in my testimony that I was with or even seen Kenneth Clair on November 15, 1984, when it was not only untrue, it was impossible.

18. If I were asked, I would testify to anything that I have said.

I declare under penalty of perjury under the laws of the United States of America and the laws of the State of California that the foregoing is true and correct.

Executed on June 1, 2005 by PAULINE FLORES (AKA CODY, AKA NEITZ)


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