July, 11th 2018
On December 5th 2010 I was arrested for forcible sodomy. I told the police I didn't do it but that didn't matter. My wife at the time was the one who called the police. This is what happen. I had found out my wife was cheating on me and I did find picture's of the guy half naked so I told my wife I was leaving her and to call my brother to come get me I still don't know what she told him. But he picked me up we went to my Mother's, this was about 9:00 or 10:00 am. Now later in the day 4:00pm or 5:00pm a investigator knocked on the door and ask to speak with me I went with him to his car he ask me some questions I answered them and told him I didn't do what was said he said he was there to help (bull - ?!#!) but this investigator was also my wife's cousin, my wife also had a life long friend who worked in the prosecutor's office and her husband was a police officer these are the one's my wife called not 911. So now I'm in jail being held without bond. I was charged with forcible sodomy February 25th 2011 then I was taken to the courthouse and my attorney took me to a conference room and told me to sign a plea that I was told was for 5 to 7 years I always ask for a jury trial but was told no. This was the first time I had seen this so called plea which I was supposed to have the right to look it over before I sign, but my lawyer told me to sign it or she whould guarantee I'd get life in prison so I signed then we went straight to the court room for a plea sentencing the proceedings violate's my constitutional right of due process the judge also told me that if I went to a jury they will easily give me life because they would see me as a potential predator so they put me away with the judge making these threats and my own attorney I felt I had no choice but to plea guilty. But I am innocent and my case is proof that not all people are protected by the constitution it is truly based on who you are and how much money you have. The evidence against me was my wife at the time saying this happen but if this had happen like she said there would have to be DNA evidence there was not. The witness for the prosecution my wife changed her statement after the DNA was no-match. She said I used the sleeve of my shirt to wipe the area I told my lawyer that if this had been said in her first statement then the investigator would have taken my shirt for evidence. The constitution also say's we have the right to equal protection of the law's I told my lawyer that the judge in my case was a conflict of interest because he was the prosecuting attorney against me in a case that took place on April 4th 1991 the day after I turned 19 and it just happen to be this case the court used to enhance my sentence I had other charge's on my record but they were never mentioned only the one the judge had prosecuted me for and had said before that he felt we hadn't got sentenced enough time for. I've looked into some legal rule's and found that the courts wasn't supposed to use it at all. Under guidelines section 4A1:2(e) provides: Any prior sentence not within fifteen (15) years of defendants instant offense is not counted mine was around twenty (20) years, and in using this case to determine my sentencing guidelines my sentence was based on an incorrect guidelines range and constitutes an error affecting substantial rights and can thus constitute plain error. Failure to correct it could result in a miscarriage of justice, that is, in the conviction of an innocent person or the imposition of an erroneous sentence. I've been incarcerated now for almost eight (8) years. I have two (2) kids a son and a daughter my daughter was about fifteen (15) when I was locked up my son about thirteen (13) or fourteen (14) I've not seen them in a few years I have a grandson I've never seen. My mother is about six and a half (6 1/2) hours away so I don't see her much she is a cancer survivor she shouldn't have to drive so far to visit and when I was a free man, I was the handyman who did all the work for her now she has to pay someone to do it and she just don't have that kind of money. This is all happening because of who I am and because I'm too poor to pay an attorney to help me. I look back to when I was in school and being taught about the United States Constitution and how it was supposed to protect the people of the United State's. While I've been in prison I've met a lot of people who the constitution has failed. Wrongful conviction is a real problem and I myself haven't found any organizations who help people like myself. The last survey I seen was that out of the 2.3 million inmates in U.S. prisons 3 to 5 percent have been wrongfully convicted and this is from a few years back I'm sure that number has increased. I feel also that a law should be passed that before a judge can accept a plea of guilt or even before an indictment can be issued there must be more evidence than just what one (1) person said happen. If this is what our legal system has come to well then none of us are really safe. I have filed a pardon and I'm just praying and waiting. Life in this Hell has got to end so I can get back to my family.
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