UPDATE- PART TWO: KENNETH CLAIR FILES A MOTION FOR A NEW TRIAL IN SUPERIOR COURT !!!
Dec 31, 2016 — I can say without hesitation that 2016 has been the year that so many bad and good things have happened, and for the most part … I think everyone is looking forward to 2017.
As a group of concerned justice reform advocates, we have stuck together through out 2016 working hand-in-hand towards of freedom of Kenneth Clair, and all of the other disadvantage wrongfully convicted people who has walked in his shoes. The year of 2016 of our petition put together over 161,100 people who did not know each other, but became one big family bond together by one incredible journey.
After over 31 years of being incarcerated, never having the opportunity to have his case reviewed, we have officially announced that Kenneth Clair is demanding a new trial! Never in the history of Mr. Clair's case was he allowed to have another trial. Now Mr. Clair is standing on top of the mountain, still in shackles, but he can still look down all around him knowing that a new year may bring on the opportunity to become a free man.
We need to thank the Orange County District Attorney's Office because they did everything with in their “win at all cost” strategy to make this happen for Mr. Clair. The law provides any of the following conditions alone or together to meet the standard for a new trial.
The first cause of filing a motion for new trial for Mr. Clair has been “Prosecution Misconduct”. The DA has provided this condition because the DA’s horrendous disrespect for the law by not turning over discovery of exculpatory evidence. We Also have to factor in, the fact that the DA’s conduct has been so outrages, unethical, and illegal, also assisted in opening up this opportunity and cause of action for Mr. Clair.
Mr. Clair’s second cause for a new trial has been met because of “Newly Discovered Evidence That Was Not Present At The First Trial”. This is a stand alone cause of action for Mr. Clair to have a new trial. This is why the district attorney's office has been frantically, and illegally, trying to hide this evidence and acting like it doesn't exist. The fact of the matter is that the scientific evidence belongs to someone else, not Mr. Clair.
Mr. Clair's third option, which also can be a standalone item for a new trial is that Kenneth Clair’s ex-girlfriend Pauline Flores was a paid witness by the police department and DA to place Kenneth Clair in the area of the murder. Flores has testified by declaration in Federal Court that it was physically impossible for her to have been with Kenneth Clair that night, due to an major accident that she had that required brain surgery just 10 days before the murder. Flores was highly medicated, had no mobility skills, a massive memory loss and was under the complete care of her caregivers. This was also backed up by testimony of her 2 caregivers by declaration also in Federal Court.
Mr. Clair's fourth option, which can also stand alone independently for a new trial, is that Mr. Clair has always maintained his innocence. This is why the district attorney has been trying to trick Mr. Clair into taking parole because that would be showing admission that he was guilty. Parole is a guilt sentence, not a freedom option for an innocent man.
The fourth option, also a standalone item for new trial, is “Inefficient Evidence”. This cause for a new trial could even lead to an acquittal. The Orange County District Attorney's office, lack sufficient evidence to even retry this case. They simply do not have their star witness, or any incriminating evidence to even support a new trial. The fact of the matter is that the DNA belongs to someone else, not to Clair.
So Mr. Clair has a warehouse of causes to have a new trial. Hopefully the judge will allow Mr. Clair to have a new trial in this matter. If the district attorney's office cannot give the court good reason, factual evidence, or some concrete reason why Mr. Clair should be held for a crime that the DNA proves his innocence, Mr. Clair should be acquitted.
So Mr. Clair is ending 2016 in the “auld lang syne spirit", and he is starting out the 2017 year with the prospects of becoming a free man. It has all been because of this petition, your support, and all of these comments that has given Mr. Clair the prospects of becoming a free man in 2017. So when you celebrate tonight at 12 o'clock midnight, take that glass of champagne and give a toast to yourselves for being there for a person that would never have had the chance or opportunity to gain his freedom. The toast is to you and the sacrifices and time you have given to this cause.
So from Mr. Clair, myself, and all who have participated in this historical journey, HAPPY NEW YEARS. Any and all comments are welcome,. Let’s really celebrate the end of this year, and the beginning of a really good year that is coming.
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