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.
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.
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5 comments:
Is Marvin still incarcerated? I am an attorney from Ohio, however, I am not licensed in Wisconsin. I would like to help if I can. I would need more information about Marvin and hopefully I could guide him in the right direction to get the help he needs. Has he tried to file a petition with the local Innocense Project or contacted the NAACP?
If you would like to help this man, email me, blog master. Peg swan : swansol@mwt.net
I'm Marvin's cousin w.griffin and i got a shoot case also in 1998 and they sentenced me to 10yrs in prison 8yrs stayed and five years probation...I strongly agree that the system was trying to rail road use because they referred to f brim and Marvin in my case..my grandmother is my aunt and it seems like that's there only motive for all of the shootings when in reality Plaze had control over alot of people that really didn't like us..to this day i still wanna give my time back because i know i didn't commit all the crimes they charged me with, and i know Marvin or F. Brim didn't either...I feel as we where all rail roaded or should I say I know we where so if i can help let me know.....kaboo75@gmail.com
WOW...after reading marvins story, i can actually see plaze (quick) having set him up for this murder. plaze was a kingpin and was also named in connection of alot of murders in racine and i can honestly say he was a king pin in the racine area..i would like to stay informed on this story
Too bad facts of Wilson's case was not presented on your blog, nice try though to alter the facts of this case.
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