Marvin's Story

Actual Innocence Petition
Marvin D Wilson #297343
GBCI PO Box 19033
Green Bay, Wi 54307

On January 7, 1998 Anthony First A.K.A. Apache was found murdered in Racine, Wisconsin. On the same day Plaze Anderson AKA Quick brought Montae Hudson to the police station and Anderson told police that Hudson told him (Anderson) that it was Marvin Wilson and Fradario Brim that did the crime. Anderson also told the officers to not let Hudson know that he provided the information to them . Anderson told police that the motive was that M Wilson retaliated because First Shot M Wilson’s grandmother three months earlier.
Hudson told police that he was with Mr First but did not know who shot him (Mr First). On July 23,1998, police arrested M Wilson in Paducah, Kentucky and questioned him about the murder of Mr First. M Wilson told Paducah police that he was in Milwaukee at the time at his aunt Veronica Hills birthday party which is January 7th.
       M Wilson was extradited to Racine, WI on 7-30-1998. At the preliminary hearing the prosecutor produced an affidavit it alleged was from M Wilson given to Racine Inv. Bill Warmington. The affidavit alleged that M Wilson shot Mr First from a distance of two houses away and that Hudson ran up to Mr First and shot him close range. the affidavit further alleged that the guns used were thrown in a sewer. That sewer was searched only to find no weapons. Also M Wilson never gave any statement to B Warmington.
        The above is relevant to say that the prosecutor and police manufactured evidence to obtain a conviction. By implicating Hudson as an accomplice it created a ruse to try to get Hudson to implicate M Wilson and F Brim. The prosecutor and police admitted that they didn’t want Hudson but F Brim. However the prosecutor submitted this affidavit into evidence as the truth while knowing it is a ruse.
The prosecutor argued that M Wilson shot Mr First at close range and that F Brim was an accomplice and Hudson was an eyewitness. This is because the police and prosecutor believed Plaze Anderson’s story. It was never based on fact because there were no guns in the sewer where the alleged confession stated they would be. Also when the affidavit didn’t match the prosecutor’s theory the case should have been thrown out.
       Another ruse the prosecutor used was it alleged that it had an audio-cassette confession that was allegedly made to Paducah officers. However during discovery hearings the prosecutor only produced a “blank “tape whereas we had to go tell the judge it was blank. However M Wilson’s defense counsel allowed the prosecutor to put on record orally that there is as actual “tape with words on it.” But we don’t know what was on this alleged tape. This alleged tape was never heard in court , or no where else.
        Due to the above ruses M Wilson’s defense counsel Charles Swanson Advised M Wilson that the first degree Int Him charge was insurmountable and to plea no contest to count one- i.e. second degree int. homicide self defense (which is an amended charge from first degree to second degree) and count two i.e. possession of a firearm by a felon even though no weapon was possessed or discovered. Swanson advised that no time would be given and count one due to the self defense element and that M Wilson might get a few years on count two because he was a convicted felon already.
The self- defense element on the plea form induced M Wilson to plead no contest even though actually innocent. What furthers this argument that Swanson advised that M Wilson would get no time on count one is that on the plea form the 939.50 stat. showing how much time he faced was not put on count one however it is on count two showing he faced a few years. Also during that plea hearing the judge stated that the charge did have a self-defense element however the prosecutor contradicts and says that the self –defense and third element don’t count. And if what the prosecutor says is true then the plea form is invalid and self –defense was put on the form for the sole purpose of soliciting M Wilson to plead no contest with M Wilson thinking that it meant he was getting no time on count one.
M Wilson objected to what the prosecutor said about the elements and Swanson stopped him and stated it “was a matter to bring up later so the court understands the entire situation.” However it was never brought up later in any other hearings by Swanson.
        Had M Wilson known self –defense wasn’t an element or that he would get time on count one he would have not pleaded no- contest. He would have went to trial; to prove his innocence. For M Wilson had several witnesses from Milwaukee to prove his whereabouts . However Swanson insisted on not using them, And at sentencing Swanson gave M Wilson a speech to read prepared by Swanson.
M Wilson was appointed appellate counsel Patrick Donnelly. Donnelly wanted to file no-merit without even hearing what M Wilson had to say about his case. Donnelly asked to withdraw due to a disagreement and the court of appeals allowed him to without first filing an Anders brief.
       Thus M Wilson was forced pro se on post-conviction /direct appeal . At his pro se post conviction hearing 1-21-200 he raise a Riverside Issue, ineffective assistance of defense counsel and a 971.08 issue against the sentencing judge for participating in the plea process. M Wilson argued each side at the hearing in person elucidating how he was framed and how the police and prosecutor manufactured evidence with such clarity that the prosecutor left the room with the court reporter to allegedly “check the record”, and come back in stating that M Wilson was arrested on 7-24-98 opposed to 7-23-98. This indicates that the police that acted in manufacturing evidence may have been some place else on 7-24-98 so they couldn’t have manufactured evidence on that date thus M Wilson must be lying. However they were there on 7-23-98.
        M Wilson has eight pieces of evidence stating 7-23-98 as arrest date with the officers names on it. And another by M Wilson’s PO questioning is 7-24-98 the correct arrest date. However after the hearing when M Wilson receives his copy of the post conviction evidentiary hearing transcript (1-21-200) it is only an excerpt of it omitting all of his oral argument about his innocence and how the judge played a role in making him plea. By giving excerpts it hindered M Wilson from exposing the truth to the world. M Wilson advised the Court of Appeals about the excerpts and explained what the circuit court was trying to do however the Court of Appeals made no decision favorable to M Wilson and did not demand the circuit court to give them and M Wilson a full transcript to prosecute his appeal. The court of appeals denied relief 2-7-2001. M Wilson was being assisted by a jail house lawyer named Shaheed Madyun. Madyun moved to a different prison so M Wilson was unable to petition the supreme court.
         In July 2002 M Wilson received from his co-defendant F Brim, who was acquitted on the charges, his discovery. F Brim’s discovery had evidence that would exonerate M Wilson. Witnesses stating that Plaze Anderson, AKA Quick actually did the crime over money owed him by Mr First. Also a store surveillance tape of him. F Brim also told M Wilson that he never heard any confession tape of any kind. F Brim’s discovery has a audiotape of Tomicca Duffy. This is the tape the prosecutor has “with words on it.” But this wasn’t known of but it existed since 7-23-98 according to police report. Duff’s handwritten statement states M Wilson was in Milwaukee at the time. F Brim has evidence in his discovery that M Wilson never received which may lead to his exoneration.
         What makes this case so suspicious is that F Brim was charged the day of M Wilson’s sentencing hearing 1-15-99. Due to the above new evidence and the fact that he was denied appellate counsel he filed a 974.06 motion in August 2004 using old and new issues ( However he just became aware that the 939.50 stat wasn’t in the plea form in DEC 2007. This he feels validates his claim that he was told that he would get no time on count one.)
           All of his issues were denied relief under Escolona Naranjo from the circuit court to the US District Court. He has been pro de but really don’t know what he is doing. He seeks legal help to prove his innocence and that he was given a bogus plea deal. He has 50 years for a crime that he did not commit and plea form says is self defense. A crime with the same circumstances that prosecutor alleges a white person could get no time or 15 years or less. MK Wilson seeks justice because an injustice has been demonstrated in the above case. Please help if you can.

Marvins WIlson in 2023, 44yo
Sturtevant Transitional Facility

evidence of actual innocence

Evidence of Actual Innocence

On January 7 1998, Anthony First, AKA Apache,, was a homicide victim in Racine WI, On the same day Plaze Anderson AKA Quick brought Montae Hudson to the police station and Anderson told police that Hudson told him (Anderson) that it was Marvin Wilson and Fradario Brim committed the crime, Anderson also the police not to let Hudson know that he (Anderson) had provided those names to them. Anderson further told the police he was with the victim but he went to urinate between two houses so did not see who shot A First. Police did riot believe Hudson, they believed Anderson.

On July 23,1998 police arrested Wilson in .Paducah, KY where he was living and questioned him about the homicide of A. First. Wilson told the Paducah police that he was in Milwaukee at the time in question preparing for his aunt Veronica Hill’s birthday party which is also January 7, the day at the homicide.

Wilson was extradited to Racine, WI. on July 30, 1998. At the preliminary  hearing the D.A. produced an affidavit D.A. Alleged was from Wilson given to Bill Warmington. The affidavit alleged that Wilson shot at A. First from a distance of two houses away and that Hudson ran up to A. First and shot him at close range. The affidavit further alleged that  the guns used in the case were thrown in the sewer at Latopitia Restaurant,

The above is relevant to say that the D.A. and police manufactured evidence to obtain a convic­tion, The police believe Anderson and since Hudson was supposed to be a direct eyewithess but claimed not to know who shot A First. The police manufactured a false- affidavit implicating Hudson. This is a ruse created for the purpose of scaring Hudson into accusing Wilson and Brim to save his own life from a wrongful conviction.

Further, everything in the affidavit, is false according to the prosecutor, this indicates that the D.A, may not have been in on the manufactured affidavit but the D.A. still used it as evi­dence as if the affidavit was true. But nothing in the affidavit was fact. The D.A. argued that Wilson and Brim did the crime- contrary to the affidavit. The D.A. Restaurant - contrary to facts, because the sewers were pumped clean and no guns were found there . Thus

the affidavit's sole purse was a ruse to obtain a conviction.

The affidavit's format itself is in question. It only consist of 7 vague sentences. And those 7 sentences are on one page with enough room at the bottom for a signature. But a signature is on a separate piece of paper. Warmington told Wilson that this was a waiver form. Wilson never gave a statement to Warmington,

Another ruse used was an alleged audio-tape confession DA Claimed Wilson made n Paducah. In this alleged tape, the D.A. claimed Wilson said Hudson ran up to A First and shot him in the stomach three times. However, during the discovery hearings the DA only produced a blank tape to Wilson's attorney. This alleged tape was never heard in open court or any­where else. Wilson's attorney told the court  that the D.A. ”assured “him that there was an actual tape with words on it. But what words are on it? It was never heard.

Due to the above ruses Wilson’s attorney., Charles Swanson, advised Wilson that the first degree homicide charge was insurmountable so Wilson should plead no- contest to an amended charge, i.e. count 1, second degree intentional homicide; self defense and count 2, possession of a firearm by a convicted felon, even though no guns related to this case were found. Swanson advised that no time would be given  on count one due to the self defense element and that Wilson might get a few years on count 2 due to being a felon already

Evidence of a Manufactured Case

Marvin D Wilson, an innocent man, is in prison for a homicide that he did not commit, since July 23, 1998.  The case was manufactured against him by the D.A. Brian Paliak and the lead investigator Bill Warmington. What they used as evidence contradicts the facts. Also an eyewitness has come forward with the truth..

The D.A. says  the defendant was arrested on July 24, 1998: Facts says July 23, 1998. This alle­gation, by the D.A., was made only after the defendant stated at his evidentiary hearing in January 2000, that Paducah, KY FBI agent Phil Lewzendar and officer Bill Abernathy made up the alleged confession. So the D.A. tries to discredit the defendant by saying that he is lying because, allegedly, he wasn t arrested on July 23 and Lewzendar and Abernathy weren't at work on July 24 so could not have made up any confession. However, how did the defendant get these names and he has 8 documents of fact showing he was arrested on July 23, 1998. And in the defendant's 1999 sentencing transcripts, the same D.A. clearly states that it is July 23 that the defen­dant was arrested.

The D.A. uses as evidence that the defendant allegedly gave a taped confession in KY to Lewzendar and Abernathy: The facts are the alleged tape was never heard in open court. When the D,A, gave the defendant's attorney an alleged copy of the alleged tape, it was Blank! And the D.A. went on to alleged that the alleged tape contradicted known facts,

The D.A. claimed that the defendant committed the crime with Fradario Brim; But the D.A, uses as evidence, an alleged confession tape that says the defendant committed the crime with Montae Hudson, who was allegedly a witness that was with the victim,

The D.A. presents the fact that the victim was shot in the head close-range, and says the defendant did it; But uses as evidence the alleged confession tape that says the defendant allegedly said he shot at the victim from 2 houses away and that Montae Hudson, who was originally with the victim ran up to the victim end shot the victim 2 times in the stomach, close-range,

The D.A. uses as evidence an affidavit the D.A. alleges the defendant made in Racine to Bill Warmington; facts snow that no confession was made in Racine. The affidavit was manufactured by Warmington. It only consist of 7 short sentences on one page- with enough space on the page for a signature. However, the defendant's signature is on a completely different piece of paper. Warmington said it was a waiver form. The defendant only stated that he was in Milwaukee preparing for his aunt Veronica Hill's birthday party which is 1/7/1990, the same day of the homicide,

The D.A. uses as evidence that the affidavit says that the guns used in the crime^, were 'thrown in the sewers by Latopitia Restaurant; Facts show that the sewers were pumped clean, only to
find no guns or weapons at all.

Thus if the 2 alleged confessions were true, why would none of the alleged confession match any fact? Because it is false, The alleged confessions only mention Montie Hudson as the accomplice. These manufactured pieces of evidence were made by the police involving Hudson because he was an alleged witness that the police claim knew what happened but wouldn't tell. So they manufactured an affidavit with him in claiming the defendant accused him so that he (Hudson) would see it then accuse the defendant and Brim, like he did and police and the D.A. wanted to save his own life from a frame-up. (But he later pleaded the 5th at Brim's trial), The affidavit was a ruse. Hudson was never charged because it was only a scare tactic to get the defendant and Brim because the police believed Plaze Anderson, who was the first person to implicate the defendant and Brim in this crime. However, Brim was acquitted. Under the scheme of manufactured evidence, these inconsistencies prove that the alleged confession is false and the defendant is innocent.

Marvin D Wilson 734329

NLCI; PO Box4000
New Lisbon, WI 53950

Eyewitness Statement

  Eyewitness Statement

I Davion Davis hereby say, that on 1 -7-198, I was at my home at 1822 Franklin St. city of Racine, state of Wisconsin on 1.7.1998 the night Anthony First was killed. That while in the home I heard what I believed to be firecrackers going off so I exited the residence to see what or who had set them off. That exited to the rear porch area of my home where I saw a car parked in the alley was behind 1820 Franklin St. There were no occupants at the time inside the vehicle.

A few seconds later I saw two men running through the yards of 1820 Franklin and 1616 Franklin where I learned minutes later the homicide of my cousin Anthony First occurred. These two men entered the vehicle that was still started and drove away.

I did not witness the actual homicide itself that occurred. I know for a fact that Marvin

Wilson was not one of the men I saw fleeing the scene therefore did not kill Anthony First,

Days after this homicide I was kidnapped and shot because of what I’d apparently witnessed on 1-7-1998, an accomplice in the shooting was one Plaze Anderson. I chose not to pursue any form of justice in the matter against Plaze Anderson upon my own free will.

,

I Davion Davis, verify that the above statement is true to my recollection pursuant to 28 u.s.c.  §1746

Dated 3.3.2008

What This New Evidence proves

The self defense element on the plea induced Wilson to plead no- contest even though innocent. What proves this that Swanson  advised Wilson would get no time on count 1 is that on the plea form, the WIS. STAT 939.50 showing how much time he faced on each count was not on count 1 out it was on count 2 showing that he faced 2 years.

This along with the plea hearing transcript prove that this was part Of a plot to get a conviction. Wilson’s attorney chose not to fight the case and chose to go along with a plot against his client. Wilson had several witnesses from Milwaukee to prove his

whereabouts. However, Swanson insisted on not using them. These witnesses are relatives that were at the residence in Milwaukee and friends or relatives. Wilson's attorney relied on the "evidence”' that the D.A. presented and not the 'facts" of the case.

On  direct  appeal, Wilson was  appointed  appeal counsel Patrick  Donnaly, who never even came to see Wilson face to face. Donnaly wanted to file no-merit without even discussing the merits of the case. And the court of appeals allowed him to withdraw without first filing an Anders brief, Thus Wilson was forced pro se on post-conviction/direct appeal.

On January  21,  2000 Wilson   had  a  post-conviction   hearing.  After   elucidating  his  issues, and explaining  how  he  was  framed, the D.A. and  court-reporter   left   out  of   the  court   r oom  to  allegedly "check  the  record” about   the  date  of  Wilson’s  arrest.   When they came back in the courtroom the DA said that Wilson as arrested on 7.24.1998  opposed to 7 .23..1998 as Wilson  claimed  and facts  proved. At  said  hearing Wilson  stated  that  any  evidence  used to convict him had to have been  manufactured  by  police  in Paducah.  So the D.A. tries to discre­dit Wilson by  saying  that  Wilson  is  lying  because  he  allegedly, wasn’t  arrested  on 7,23,1998  but on 7,24.1998 and said Paducah police (Phil Lewzendar and Bill Abernathy) weren’t  at work^-on 7,24 • 1998 so could not have manufactured the evidence, However, even in the motion, was a police report iron Paducah stating 7.23.1998 as arrest date.

 The court took advantage of Wilson because he was pro se. The transcript that Wilson was given of this hearing is an excerpt, with everything Wilson said about being framed extracted. Wilson complained to the court or appeals about this and they did not make the lower court produce the entire transcript, That transcript of the January 21, 2000 hearing had everything Wilson said about how this case was not based on facts but on manufactured evidence taken out. Wilson also has 8 documents that have 7,23.1998 as arrest date.

In 2002 Wilson  obtained from codefendants, Fradario Brim, Brim's discovery. Brim was acquitted. Brim's discovery had exculpatory evidence. It mentions of an actual tape with words on it of Tomicca. Duffy. The police report that goes with this tape had 7.23.1998. written on it as the arrest date and Duffy saying Wilson was in Milwaukee at the time. Also in Brim' s discovery is a store surveilance tape of Plaze Anderson who came into the store saying he just seen his friend, A. First, get shot in the head. But in all police reports he claimed to not have been at the scene but on the other side of town when it happened and that his son told him of it.. Also it had witnesses saying A. First owed Anderson money so Anderson Killed him, Wilson's discovery did not have any of this. Anything that mentioned any other suspect was not in Wilson's discovery.

In 2008 a witness came forward with the truth. Davion Davis, the victims cousin, said days after the homicide, Anderson kidnapped him and attempted to kill him for what he had seen that flight. He said he seen Anderson and someone else run between two houses and get into an awaiting car. That days later they kidnapped him and snot him. However, he managed to get away.

Wilson has been through all appeals pro se to no avail. He is an innocent man in prison for a crime he did not commit. He ask that anyone who can help, please do. Thank you to all that have taken the time to read this. If you would like to help, please contact Marvin at:

Marvin D Wilson 734329

NLCI; PO Box4000
New Lisbon, WI 53950

Feel free to contact FFUP if you have suggestions for Marvin or are willing to help. pgswan3@yahoo.com