Wednesday, July 31, 2013

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.