Post by pumpkinpie on Aug 5, 2009 22:06:16 GMT -5
Here's a sad case of a man condemned to death because he wasn't able to afford an attorney, only a public defender who didn't even call in key witnesess who could have proved his innocence.
The Case
Case summary:
My name is Darrell Lomax and I have been wrongly incarcerated on death row at San Quentin State prison for over 14 years. I was convicted even though:
1.I passed a gunshot residue test
2.even though I have an alibi
3.even though the eye witness said it wasn't me
4.even though the fingerprints on the gun weren't mine
5.and it was found in someone else's car
6.even though the footprint wasn't mine
7.My witnesses were never called
8.and I couldn't afford a lawyer so I had to share a public defender with the man who made a deal to testify against me.
9.When the situation with the public defender was discovered he was replaced by a former DA who made no effort to find the witnesses for my defense.
Download fact sheet (pdf-file) here...
Detailed case summary
My name is Darrell Lomax. I am currently condemned to Death Row at San Quentin, California State Prison. I was judged guilty in September 1996 in the Long Beach Superior Court for the alleged crime of robbery and murder. I did not commit these crimes, nor did I have knowledge of them. I have been wrongfully convicted and condemned to death. I believe the evidence in my case will support my innocence.
On August 29, 1994 I was detained, harrassed, and arrested during an "alleged" routine traffic infraction. stop in which I was a backseat passenger. During the illegal detention I was ordered to participate in a field identification line up and also given a gunshot residue test. Both field identification lineup and gunshot residue tests were negative; providing proof of my innocence. None the less I continued to be illegally detained. After an exploratory search took place of the interior of the vehicle and weapons were found, I was escorted to the Long Beach, California County Jail and booked on CCW (Carry Concealed Weapons) despite being a backseat passenger. My rights were never read to me.
On September 1, 1994, I went to be arraigned on the charge of murder and robbery, no CCW was ever mentioned. The arraignment was postponed for two weeks because I didn't have an attorney.
On March 13, 1995 by order of the Second Appellate Court my case was dismissed for violations of ferrata issue, due process issue, and statutory violation, but was refiled the same day. I wasn't present for the dismissal although available in the court tank.
I was inadequetly represented by the Public Defenders Office. I repeatedly addressed the Court regarding the attorneys poor performance, misrepresentation,unwillingness to investigate, and file motions, among other things. Additionally he represented an alleged witness for the prosecution while the office represented me, causing a conflict of interest.
Although initially denied, records later proved that the same alleged witness recieved the benefit of a deal between the prosecutor in my case (and or others acting on his behalf) and Compton judge to have a PC 1385 Case against him dismissed. Additionally, he recieved a dismissal of 1,600.00 worth of traffic tickets, and suspended licence reinstated. The fact that he carried a concealed weapon on the night he was questioned was ignored. This "witness" was manufactured to further the case. Not only was this witness caught in numerous lies, he admitted on cross examination to being a liar. It is my strong belief that serious misconduct took place between the prosecutors, his detectives, and the Public Defenders Office. The appointed public defender did nothing to ensure my rights were protected at any point of his representation.
My alleged co-defendant admitted to and tested positive as being under the influence of PCP. An investigation revealed there was an eyewitness inside the business where the crime took place who says he saw the perpetrators. The same eyewitness cleared me at a filed investigation line up of being involved with the crime. According to reports, he in fact identified the shooter. My attorney failed to secure this witness for my trial, claiming he was unable to locate him. A later investigation by an outside attorney about the possibility of a conflict of interest between myself and the Public Defenders Office revealed this eyewitness was in fact locatable. He appeared in person for a pre-sentencing investigation report on my alleged co defendant who took a deal for ten years to implicate me in this crime.
My public defender made no effort to preserve the eyewitness that motioned to exonerate me, contact other witnesses who could have verified my whereabouts, nor bring forth the information regarding the numerous favours offered to the "manufactured" witness. These errors caused irreperable damage to my defense.
Upon conclusion of the investigation the Public Defenders Office was dismissed; the conflict was regarded as egrious. The public defenders replacement, a private counsel hired by the Court, went to trial unprepared. He failed to call what had become my most important witness who could have verified my wherabouts the night of the incident, and informed him of the whereabouts of another witness. He claimed he could not find / locate her when in fact she was on probation and routinely reporting to her probation officer.
During the trial no physical evidence pointed toward me. The alleged murder weapon had prints; but not mine. There was a footprint on a bag inside the crime scene which was not mine. I was ordered to participate in a field identification line-up and a gun residue test; both resulting in the negative. There was an eyewitness that not only exonerated me, but identified the shooter.
My case if full of inconsistencies, and a prime example of a prosecutors over zealousness to present a conviction for a horrific crime. I have been condemned for death for something I did not do. I am indigent and I need help. If you can provide any kind of assistance to me; know of anyone who may, or have any referrals please contact me at the address above. Thank you for your time. Quotes
Bryan Stevenson,
Death Row lawyer
"The reality is that capital punishment in America is a lottery. It is a punishment that is shaped by the constraints of poverty, race, geography and local politics."
www.freedarrell.com/case.html
The Case
Case summary:
My name is Darrell Lomax and I have been wrongly incarcerated on death row at San Quentin State prison for over 14 years. I was convicted even though:
1.I passed a gunshot residue test
2.even though I have an alibi
3.even though the eye witness said it wasn't me
4.even though the fingerprints on the gun weren't mine
5.and it was found in someone else's car
6.even though the footprint wasn't mine
7.My witnesses were never called
8.and I couldn't afford a lawyer so I had to share a public defender with the man who made a deal to testify against me.
9.When the situation with the public defender was discovered he was replaced by a former DA who made no effort to find the witnesses for my defense.
Download fact sheet (pdf-file) here...
Detailed case summary
My name is Darrell Lomax. I am currently condemned to Death Row at San Quentin, California State Prison. I was judged guilty in September 1996 in the Long Beach Superior Court for the alleged crime of robbery and murder. I did not commit these crimes, nor did I have knowledge of them. I have been wrongfully convicted and condemned to death. I believe the evidence in my case will support my innocence.
On August 29, 1994 I was detained, harrassed, and arrested during an "alleged" routine traffic infraction. stop in which I was a backseat passenger. During the illegal detention I was ordered to participate in a field identification line up and also given a gunshot residue test. Both field identification lineup and gunshot residue tests were negative; providing proof of my innocence. None the less I continued to be illegally detained. After an exploratory search took place of the interior of the vehicle and weapons were found, I was escorted to the Long Beach, California County Jail and booked on CCW (Carry Concealed Weapons) despite being a backseat passenger. My rights were never read to me.
On September 1, 1994, I went to be arraigned on the charge of murder and robbery, no CCW was ever mentioned. The arraignment was postponed for two weeks because I didn't have an attorney.
On March 13, 1995 by order of the Second Appellate Court my case was dismissed for violations of ferrata issue, due process issue, and statutory violation, but was refiled the same day. I wasn't present for the dismissal although available in the court tank.
I was inadequetly represented by the Public Defenders Office. I repeatedly addressed the Court regarding the attorneys poor performance, misrepresentation,unwillingness to investigate, and file motions, among other things. Additionally he represented an alleged witness for the prosecution while the office represented me, causing a conflict of interest.
Although initially denied, records later proved that the same alleged witness recieved the benefit of a deal between the prosecutor in my case (and or others acting on his behalf) and Compton judge to have a PC 1385 Case against him dismissed. Additionally, he recieved a dismissal of 1,600.00 worth of traffic tickets, and suspended licence reinstated. The fact that he carried a concealed weapon on the night he was questioned was ignored. This "witness" was manufactured to further the case. Not only was this witness caught in numerous lies, he admitted on cross examination to being a liar. It is my strong belief that serious misconduct took place between the prosecutors, his detectives, and the Public Defenders Office. The appointed public defender did nothing to ensure my rights were protected at any point of his representation.
My alleged co-defendant admitted to and tested positive as being under the influence of PCP. An investigation revealed there was an eyewitness inside the business where the crime took place who says he saw the perpetrators. The same eyewitness cleared me at a filed investigation line up of being involved with the crime. According to reports, he in fact identified the shooter. My attorney failed to secure this witness for my trial, claiming he was unable to locate him. A later investigation by an outside attorney about the possibility of a conflict of interest between myself and the Public Defenders Office revealed this eyewitness was in fact locatable. He appeared in person for a pre-sentencing investigation report on my alleged co defendant who took a deal for ten years to implicate me in this crime.
My public defender made no effort to preserve the eyewitness that motioned to exonerate me, contact other witnesses who could have verified my whereabouts, nor bring forth the information regarding the numerous favours offered to the "manufactured" witness. These errors caused irreperable damage to my defense.
Upon conclusion of the investigation the Public Defenders Office was dismissed; the conflict was regarded as egrious. The public defenders replacement, a private counsel hired by the Court, went to trial unprepared. He failed to call what had become my most important witness who could have verified my wherabouts the night of the incident, and informed him of the whereabouts of another witness. He claimed he could not find / locate her when in fact she was on probation and routinely reporting to her probation officer.
During the trial no physical evidence pointed toward me. The alleged murder weapon had prints; but not mine. There was a footprint on a bag inside the crime scene which was not mine. I was ordered to participate in a field identification line-up and a gun residue test; both resulting in the negative. There was an eyewitness that not only exonerated me, but identified the shooter.
My case if full of inconsistencies, and a prime example of a prosecutors over zealousness to present a conviction for a horrific crime. I have been condemned for death for something I did not do. I am indigent and I need help. If you can provide any kind of assistance to me; know of anyone who may, or have any referrals please contact me at the address above. Thank you for your time. Quotes
Bryan Stevenson,
Death Row lawyer
"The reality is that capital punishment in America is a lottery. It is a punishment that is shaped by the constraints of poverty, race, geography and local politics."
www.freedarrell.com/case.html