Topic

wrongful conviction

29 petitions

Update posted 2 weeks ago

Petition to Diane Lozano, Reporter , Senior Senator Michael Enzi, Junior Senator John Barrasso, Congressman Cynthia Lummis, Governor Matt Mead, Wendy Soto, Shannon Howshar, Wyoming Attorney General

JUDICIAL MISCONDUCT, INADEQUATE MEDICAL CARE

On November 10,2013 an older woman was robbed at gun point at wal mart in Riverton,Wyoming. My son, Curtis Russell Oldman is currently serving a prison sentence. He was originally charged with Conspiracy to commit a felony (a felony) in violation of Wyoming State Statute 6-1-303 and also served two Fremont County Sheriffs office warrants for arrest. He pled not guilty to the felony charge. He was the only one that got a prison sentence. The driver, a female, was Curtis girlfriend, was charged with conspiracy to commit a felony (a felony) in violation of Wyoming State statute 6-1-303, reckless endangering in violation of Wyoming state statute 6-2-504, fleeing or attempting to elude police in violation of Wyoming state statute 31-5-225, reckless driving in violation of Wyoming state statute 31-5-229, and drivers license required in violation of Wyoming state statute 31-7-106 (a). The driver was sentenced to 9 months in a halfway house. She has since been released. No fine, no restitution. The person that did the robbery was a male juvenile, younger brother to Curtis. He got 10 months in the Wyoming Boys school, he was released in November 2014. No fine, no restitution, no probation. When law enforcement stopped the vehicle, another occupant,female, older sister to the driver,was riding in vehicle like my son. She was handcuffed and placed under arrest. After all occupants in the vehicle were detained,the arresting officer unhandcuffed the other female occupant,drivers older sister. The arresting officer stated that she had been cooperative and she had an illness,schizophrenic. The driver and the male juvenile waived their preliminary hearings and appeared together in the District court room for their charges and trial date. During this time Curtis was still in the Circuit court waiting for prosecutor to present evidence that he was guilty of this felony. The Judge in District court read the driver and the juvenile their charges and set trial for March 10,2014. The District Judge then asked where the other two defendants were,he thought there was four involved in the case. The prosecutor stated that there was only three defendants involved and the other defendant, Mr.Oldman pled not guilty and is still in circuit court. The Judge said that he wanted to have trial for all defendants in this case on the same day so, save a place on the same date for Mr. Oldman,as the other defendants, March 10,2014. My son had a trial date and he didn't even appear for his preliminary yet. During his preliminary hearing the Circuit court Judge did not hear enough evidence that my son could be charged for conspiracy. The prosecutor did not agree and argued that conspiracy has many elements and Mr.Oldman was there. My sons public defender said Being there does not say he conspired. If being there is conspiracy,why didn't they charge the other female occupant? She was there too. The Circuit court Judge told prosecutor he had a meeting at 3 pm. and if he could come up with something on Mr.Oldman that falls under conspiracy, I will consider this. My son was never told why he was bound over to District court. We still don't know. Curtis was then taken to District court and read his charges and continued to plead not guilty. Trial date was set prior to appearing and entering his plea. He then was taken back to Circuit court for the two arrest warrants from the Sheriffs office. He pled not guilty to a probation revocation,he explained his situation and was found guilty and given a year in county jail for probation revocation.   The other female occupant was mentioned once during my sons preliminary hearing and when the other two defendants appeared in District court. Yet the state prosecution had her subpeoned to testify against my son at his trial. He was found guilty. During sentencing the District judge said,"I have no reason to believe that you didn't take part,you was the oldest in the vehicle and did nothing to stop this. I believe you orchestrated this crime. I am sentencing you to 5-10 years. My son was given an appeal. There was a judge on the Supreme court of appeals that was related to the victim. An alternate judge took the seat. Another judge knew the family of the victim, but sat through the hearing. He was denied his appeal. My son had a trial date and he never appeared in the other court room to hear if the state had enough evidence to charge him with a felony. The Circuit court, during his preliminary hearing, gave the prosecution time to present other evidence that we never seen or heard. Curtis was given an extension by District judge at the request of his paid attorney on his 180 day right to a speedy trial,without my son knowing this. The jurors consist of 1 being the neighbor of arresting officer, 1 that worked at the same place as the victim, 1 that was the neighbor to head investigator, 1 that had been a clerk for over 10 years, that is still employed, in the same court room where Curtis was convicted. Another was a victim in a different and similar crime that my son is charged with. Paid attorney did not speak on behalf of my son, he was once a public defender. He was upset because he wanted $2,000 more and family didn't have it. I seen him speaking to the driver of the vehicle and her older sister,the other occupant that was not charged,I approached him and asked why he was talking to them,they are witnesses against his client. He said that he could speak to whoever he wanted to about my sons case as he recalled I never paid him what was owed. Video of the robbery was unclear,it was a copy. The original was locked in the evidence room about 30 miles from the court room. Trial lasted 4 days,plenty of time to present the original video. Evidence of two pistols,air guns with no prints from Curtis or juvenile defendant. Expert witness stated that, the climate where we are in Wyoming does not allow anyone to produce enough oils in our bodies to leave finger prints on rigid items such as fire arms. He also stated there was still one test that they didn't get the results back yet. The female driver said she never seen Curtis in the vehicle. The older sister that was in the vehicle was asked several questions with the response of no no no no, over and over again. The arresting officer said she was on patrol when she heard the call on the radio. She followed the vehicle that fit the description,she chased it out of her jurisdiction at rapid speeds. She said her video camera was not working that day. No video of the chase or arrest presented as evidence. Arresting officer said she was informed by dispatch that they were contacting other agency. She also said, that agency joined in the chase. My son didn't have any witnesses at his trial. I was there during the arrest,it was on my property. No other agency took part in the chase federal agent showed up after the arrest and after law enforcement already transported. Paid attorney had my son get on stand and testify for himself. No evidence of purse that contained a $2,500 government check inside was ever seen or presented as evidence that was taken from victim. Not even a picture was taken to prove as evidence. This evidence was given back to victim at city hall.victim identified robber in a line up where the male juvenile was sitting in a room behind a one way window/mirror,she looked at him for less than 1 second and positively identified juvenile as the person who approached her. He was the only person in this interview room. My son, Curtis Russell Oldman, has been a diabetic since the age of 9 years. Insulin dependant, a very life threatening illness. I have pictures of his feet and legs taken a few months after his arrest. Doctors at the prison gave him 1 year before complete kidney failure. This was in February 2015. Its been 1 year and 9 months and several surgeries for, I don't know what. He is also being sent bills in his name at the prison for these surgeries. It has been almost 2 years that he has been at complete kidney failure,and hasn't even started dialysis. Without proper medical care, my son will die. I got a call from him last night, November 4,2016. He says " Momma, I need a visit, I'm sick, my back hurts so much. Tell everyone that they need to start getting tested to see who can give me a kidney. I'll talk to you when I see you and don't bring no money for the vending machine,because I'm trying real hard to take care of myself. I love you, Momma." I have 7 children. Curtis is the oldest of 4 boys. As I write this with tears in my eyes,we have always looked up to him for being so strong at a young age,to endure all that he has,to never giving up on life, He is the heart of this family. I have been fighting for his innocence since the day of his arrest November 10,2013. I know that whoever reads my story,to hear me, will help bring my son, Curtis Russell Oldman #29571, home before he dies. He will be going before the parole board in January 2017.  I am pleading for your help. Please respond to my letter at: pamelasixfeathers@gmail.com or Pamela Sixfeathers 757 South Beverly #2 Casper,Wyoming -82601- (307) 240-0080  Thank you for your time. Pamela Sixfeathers,mother of Wyoming inmate, Curtis Russell Oldman #29571  

Pamela Oldman
43 supporters
Update posted 3 weeks ago

Petition to Mary Fallin, Oklahoma Lieutenant Governor Todd Lamb, Oklahoma Former Governor Brad Henry, The Oklahoman, Tulsa World, KFOR-TV Channel 4, KOCO-TV Channel 5

Free Daniel Holtzclaw, an innocent man wrongfully convicted!

On Jan. 21, 2016, our son, brother, and friend Daniel Holtzclaw, an Oklahoma City police officer, was sentenced to 263 years in prison after a jury wrongfully convicted him of sexually assaulting seven women and one teenager, despite the fact that no physical evidence of crime was found, patrol car Automatic Vehicle Location (AVL) data failed to match crucial accusations, numerous discrepancies occurred in the accusers' testimony, and detectives gathered almost all of the accusers (ten out of thirteen) by selectively seeking out and questioning only African American women with histories of prostitution or drug use with whom Daniel had interacted during his routine police duties. Daniel Holtzclaw is innocent and was wrongfully convicted of crimes he never committed. Daniel put his life on the line daily as a police officer for the justice he served and also deserved in his trial but was denied. Please sign our petition to urge Oklahoma Governor Mary Fallin, Lieutenant Governor Todd Lamb, former Governor Brad Henry, and Oklahoma news media to investigate the police misconduct and mishandling of Daniel's case that led to his convictions for multiple sexual assaults he did not commit, and to respectfully request that Governor Fallin grant clemency by exonerating Daniel because he is innocent.  You can learn more about who Daniel Holtzclaw is by visiting www.holtzclawtrial.com. The evidence supports Daniel's innocence. The only forensic finding linking Daniel to any accuser in the entire trial was skin cell DNA from a 17-year-old teenager who said the officer searched her purse, pat searched her, then raped her, yet the prosecution's own DNA analyst acknowledged the evidence was consistent with non-intimate, secondary transfer of skin cell DNA, such as from the purse to the officer's hands, then to his uniform pants while using the restroom. No DNA from any other accuser, and not even Daniel's DNA, was found on Daniel's uniform pants, which police detectives took on June 18, 2014, as their sole evidence from Daniel. This was just hours after Daniel's night shift during which detectives eventually claimed he sexually assaulted not just the teenager through the fly of the uniform pants, but also two other individuals including Jannie Ligons, whose unsubstantiated accusations sparked the investigation targeting Daniel. Only the fly area of Daniel's uniform pants was tested for DNA, and the uniform pants were NOT tested for saliva, semen, or vaginal fluid to determine the source of the DNA, even though “in legal proceedings, a proper and reliable determination of the source of isolated DNA is essential and an error in identification may result in grave legal consequences” (Jakubowska et al. (2011) Problems of Forensic Sciences, 87: 204-215).  Despite these facts, Prosecutor Gayland Gieger claimed incorrectly after the trial that "the skin cells were transferred through the body fluids of a 17-year-old girl after he raped her. That's what the evidence was. That's what the jury heard and certainly that's what they convicted him of. They [the defense] tried to explain DNA from a 17-year-old girl that ends up inside his pants at the areas where his privates are. Quite frankly, their explanation was not believable because you can't explain that" (Erielle Reshef, KOKO 5 News, "Prosecutors who helped convict Daniel Holtzclaw speak,” Feb. 5, 2016). In reality, article after article has shown that DNA can transfer secondarily and even further. If DNA on the fly of your pants were evidence of a crime, then every one of us could be convicted. As early as 2010, forensic researchers reported their discovery that DNA can transfer from a woman through non-intimate social contact to a man's hands, and then to his underpants and even genitals during urination, such that her DNA will be found on a penile swab (Hulme, J. (2010) Science and Justice, 50: 100-109). This research was recently corroborated by Jones et al. (2016) DNA transfer through nonintimate social contact, Science and Justice, 56: 90-95. Prosecutor Gieger not only misrepresented the DNA evidence from the 17-year-old girl, but also did not inform the jury about exculpatory evidence that challenged her credibility.  Just months after the teenager accused Daniel of sexually assaulting her, this same young woman, A.G., was arrested for using a machete to attack a man in his home on June 10, 2015, after she claimed to police that the man had used the weapon to assault her but “police were not convinced she was telling the truth since she did not appear to have any injuries” (Dallas Franklin, KFOR.com, “Man allegedly attacked at home, 2 arrested,” June 11, 2015). A.G., who similarly accused Daniel of a heinous crime, was booked for assault with a deadly weapon, and on April 18, 2016, she pleaded guilty to two other violent crimes, including domestic assault and battery (Muskogee OK - Case CM-2015-00199 and Case CF-2016-00031). None of the accusations against Daniel Holtzclaw were supported by any solid evidence of crime. No evidence, for example, supported the first accusation targeting Daniel, which occurred on June 18, 2014, when Daniel performed an off-duty traffic stop of the swerving car with tinted windows that prevented him from seeing the occupants at 2 a.m. that morning. The driver, Jannie Ligons, lacked a valid license and car insurance and later admitted to police that, before driving, she had taken sleep-inducing PM medication and smoked marijuana, which can cause paranoia and hallucinations. She said she placed her hands on the hood of the patrol car while Daniel pat searched her, then she sat in the backseat of the patrol car. Here, she said, Daniel procured lewd exhibition and orally sodomized her through the fly of his pants, with his hands on the car's roof. She also said that Daniel touched her phone. The SANE exam of Jannie Ligons came back negative. No DNA, sperm, or seminal fluid from Daniel was found in or around Ms. Ligons' mouth. Ms. Ligons' DNA was not found on the fly of his uniform pants. No fingerprints or DNA from Ms. Ligons or Daniel were found on the patrol car's hood or roof to corroborate her claims. No DNA from Daniel was found on her phone, but the DNA from Ms. Ligons and some unknown individual was, showing that DNA does indeed transfer from people to things they touch. No pubic hair or DNA from Daniel was found inside the patrol car, and the surveillance video of the traffic stop showed no wrongdoing since the footage was too far away to display fine details. Although the police detectives were investigating a sexual assault, the only evidence they took from Daniel was his uniform pants. Detectives did not even take Daniel's underwear, and they never issued a search warrant for his home, personal car, or phone to obtain evidence which could have been used to help support Daniel's innocence. Daniel answered all the detectives' questions and asked them to analyze his DNA as quickly as possible so that he could clear his name. Daniel also agreed to take a polygraph test, an offer that the jury was never allowed to hear. Daniel Holtzclaw has maintained his innocence since the very beginning, June 18, 2014, when police detectives first questioned Daniel and claimed, untruthfully, that they had found pubic hairs in his patrol car and had incriminating surveillance video of the traffic stop Daniel performed that morning at the end of his shift. Despite the lack of evidence, and even though Ms. Ligons had no history of criminal convictions or warrants for her arrest and the traffic stop of her car with dark-tinted windows at night could not have resulted from any knowledge that the occupant was African American, police detectives concocted a theory that Daniel targeted African American women with histories of prostitution and drugs such that they would be too afraid to report alleged sexual crimes for fear of not being believed. Police detectives then searched for more accusers by selectively contacting over 50 African American females with histories of prostitution or drug arrests with whom Daniel had interacted during his routine police duties, which often involved intervening in cases of drug use and prostitution in the lower income neighborhood he patrolled.  Any black woman who had been stopped by Daniel because of her drug use or prostitution would have a chance to make allegations against the young police officer who had tried to halt her criminal activities.  ALMOST 98% OF THE INDIVIDUALS QUESTIONED BY DETECTIVES WERE AFRICAN AMERICAN FEMALES, showing that detectives, not Daniel, were the ones who targeted black females with criminal histories of prostitution or drug use. Detectives solicited testimony by telling these women that police had received a “tip” that the women “may have been sexually assaulted by a police officer,” which was blatant leading of potential witnesses. In one case, the police detective actually named Daniel Holtzclaw as the officer and called him a "very bad guy" with "lots of victims" before a woman identified him after she first denied five times that any officer had treated her inappropriately.  The police department and news media at this time were also broadcasting information about Daniel as a suspect, including showing his face, such that the people in the neighborhood he had patrolled knew he was under suspicion.  In this wrongful manner that encouraged false allegations, the police thus found 10 individuals, including the 17-year-old A.G., who made accusations that were used to charge Daniel with sexual assault.  This gave a total of 13 accusers including the three black women who reported a crime on their own:  the initial female driver (Jannie Ligons, whose allegations were never substantiated), another woman who came forward to claim the officer had sexually assaulted her in the hospital room after she overdosed on PCP (Daniel was found not guilty of her accusations), and a third woman who reported that she had been sexually assaulted but could not positively identify the officer (Daniel was also found not guilty of her accusations).  Seven other individuals, including one man, claimed the officer had sexually assaulted them, but their allegations were deemed too absurd or simply impossible (such as not matching Daniel's work schedule) to result in charges, and they recanted when confronted with evidence that they were lying. One of those individuals, Shaneice Barksdale, admitted in a videotaped police interview that she had made up her allegations to try to help the case and was convicted of falsely reporting a crime (State of Oklahoma v. Shaneice Barksdale, Case No. CM-2015-1413). Research by acclaimed eyewitness expert, Dr. Gary L. Wells, has shown that eyewitnesses' memories of events can be altered by suggestion and positive feedback, often leading to wrongful convictions. The validity of accusers' testimony in Daniel's trial should not have been accepted as fact, not only because of the leading, suggestive manner in which police detectives found accusers until they had a total of thirteen, but also because at least five of the accusers knew each other, and many of the women were using hallucinogenic drugs (cocaine, crack, PCP, marijuana) at the time they alleged Daniel assaulted them, which could cause them to accuse an innocent man of actions he did not commit. Major inconsistencies existed in the accusers' testimony that ruled Daniel out as a suspect. For example, one woman, S.E., stated that her assailant was a short, black man who stopped his patrol car in an abandoned school yard, and then raped her for 5-10 minutes. Yet Daniel Holtzclaw is a tall, light-skinned, Japanese-American man, and, significantly, the AVL/GPS evidence from Daniel's patrol car shows that while transporting S.E. he never drove slower than 2 knots and only took 4 minutes to pass from one side of the school yard to the other, simply not enough time to do as was alleged. Nevertheless, Daniel was found guilty of her accusations. Another woman, R.G., with six felony convictions, said that the officer orally sodomized her on a day when she was getting high off of crack cocaine, and she said she wiped Daniel's alleged secretions from the oral sodomy onto her chair, yet Daniel's DNA was not found on the woman's chair, while the DNA from two other men was. Despite this lack of evidence, Daniel was found guilty of forcible oral sodomy.  We believe the legal system has failed Daniel miserably and a travesty of justice has occurred. You can learn more about the injustices in Daniel's trial by visiting www.HoltzclawTrial.com, a website created by former defense private investigator, Brian Bates, who is now posting online the facts presented in open court that the media did not report. Daniel's sister, Jenny Holtzclaw, has also created a webpage www.justicefordanielholtzclaw.com where donations for Daniel's appeal are gratefully being accepted as well as at www.FreeDanielHoltzclaw.com Please sign our petition urging Oklahoma Governor Mary Fallin, Lt. Gov. Todd Lamb, former Gov. Brad Henry, and Oklahoma news media to investigate the police misconduct and mishandling of Daniel's case that led to his convictions for multiple sexual assaults he did not commit, and respectfully requesting that Governor Fallin grant clemency by exonerating Daniel because he is innocent. Daniel belongs with his family, not in prison for crimes he never committed. Please help right this wrong by signing our petition to free Daniel Holtzclaw. Sincerely and with our deepest gratitude, Daniel's family and friends

Family and Friends of Daniel Holtzclaw
2,915 supporters
Update posted 3 weeks ago

Petition to James Glasgow, Bruce Rauner, Barack Obama, Michael Madigan

COMPLETE A FULL INDEPENDENT INVESTIGATION

                                  http://dld.bz/dCsmA                                 Will County Illinois Sheriffs Police and or prosecutors hid this video for over 2+ years (conveniently after the "then" statutes of limitations)!!! I was wrongfully arrested, charged, and convicted of aggravated battery to a police officer with "serious bodily injury" (when only I was injured).This video would have easily proved my actual innocence. However, even with this blatant "Brady violation" (-the illegal withholding of evidence which would have benefited the defendant in a favorable manner), prosecutors still threaten to re-prosecute for this same case yet again once the pending appeal for this case gets overturned by the appellate courts. Will County prosecutors continue to ignore these issues and could care less about everything which improperly happened to me before, during, and after this extreme miscarriage of Justice done at their hands in full. One of the head prosecutors assuredly informed me that "re-prosecution" would take place in a very threatening and intimidating manner and tone just before the third and final "Evidentiary Hearing" took place. Furthermore, not only was this video intentionally hidden, it was also tampered with, and destroyed at one point until the video could finally be restored years later and after I had already served the sentence and had my life turned upside down. I lost my job, my house, my car, and very nearly my life. The most tragic part of all is I have lost much of my health due to a direct result of this. I suffer extreme Post Traumatic Stress Disorder (PTSD ) as well as several other health problems that I never had before all this. Nobody admits any wrongdoing and it was said at court that I was " just extremely lucky" to have had a misdemeanor conviction plea instead of being a convicted Felon at this point. What an overlook!! The system even when confronted red handed STILL intentionally fails to consider the possibility that there was either police misconduct, prosecutorial misconduct, or even both. (To this day "COURT ORDERED" case related video footages which exist remain DEVIOUSLY "not turned in" in addition to everything else)! All I can ask of anyone now, is to PLEASE SIGN this PETITION!!! Let's show the state of IL that they too must follow and adhere to a individuals HUMAN & Constitutional rights. I am petitioning for a FULL and INDEPENDENT Investigation on this matter because this has been "falling on fraudulent and deaf ears for nearly 6 years"!! As U.S. Citizens we must stick together for our rights no matter who it was that abused them; and especially when it is done by the very people who are supposed to be Protecting and Serving us!...LINK to the video is below and at top of this page. Thank you in advance for taking a quick minute to sign this petition for a fair look into this unbelievable situation of Justice gone wrong and failed so far up to this point!                                                                                                http://dld.bz/dCsmA  

Robert Boyle
3,302 supporters