S PayneMoscow Mills, MO, United States
1 Nov 2022

This is an amazing chance for me to demonstrate the denial of due process and a violation of constitutional rights I've gone through, the published opinion Shelton V. State of Missouri date May-20-2014. it states in part:" The state dismissed the armed criminal action charge, against Mr.Gasperoni and Mr.Johnson and BOTH men pleaded guilty to robbery in the first degree, (PRIOR TO MOVANTS/MY) trial.

The verdict is completely undermined with newly discovered evidence, that I've just uncovered showing that:
1.Mr.Johnson guilty plea dated December-04-2009 is in direct violation of Missouri Supreme court rule 24.02 Misdemeanor and Felonies--Pleas. section  (D)-2. Disclosure of plea agreement-- court actions thereon. If a plea agreement has been reached by the parties, the court SHALL REQUIRE THE DISCLOSURE OF THE AGREEMENT ON THE RECORD IN OPEN COURT. {Do you see that in my case?} 

Case number for Mr.Johnson uncovered by ME in 2017shows on transcript page number 6 (ATTACHED TO MY F/B PAGE) Prosecutor, Philip Groenweghe: states on the record: " Your pleading guilty today without the (BENEFIT OF ANY PLEA AGREEMENT WHATSOEVER)."
Page.6 line9
The court: Mr.Groenweghe, did you cover count two?
Mr.Groenweghe: We're going to nolle pros count two at sentencing. The (REASON BEING HE WAS NOT THE ONE WHO WENT IN WITH THE GUN). {Yet he charged me action in concert with another, and told the jury it didn't matter what person did what we were all equal under the law.}
The Court: Thank you.

Point#2. New evidence uncovered by ME under the sunshine law request, dated same day as Mr.Gasperoni 23-Aug-2022. Shows that count2 was not dismissed (PRIOR TO) MY trial or even BEFORE Mr.Johnson was sentenced, on Feb-25-2011.

It's revealed by certified court documents as of 8-29-2022 
The filed memorandum of nolle prosequi was not filed until (OCT-23-2014) the day before Mr.Johnson completed probation, judgment and order, filed Oct-24-2014: The court discharges defendant from probation in this case,

Point3.This places among some of the violations of Brady and species of Brady violations the fact Mr.Johnson was on probation for the charge of armed criminal action RSMo.571.015 count 2 that's a violation of state law, under which the court even had power to grant probation under RSMo.559.100 in direct violation of the clear and unambiguous language of RSMo.558.011.1. When an order dated in a certified court file: order of probation, dated filed:Feb-25-2011 shows the order was for the offense of Robbery 1st, ARMED CRIMINAL ACTION...
This shows Mr.Johnson was undoubtedly on probation for a charge the record in my case says was dismissed PRIOR TO MY TRIAL, and the prosecution told my jury was dismissed BEFORE MY TRIAL, when the records show otherwise, this could have been used as impeachment evidence and to attack his credibility as a state key witness.

 

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