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

No comments: