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"About transcripts listed in exhibit 12"

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posted on | Sun, July 19th 2015

June 2, 2015 I hope all is well with everyone. I am writing to inform
you that I am posting the transcripts of the court proceedings of the
hearing on the motion to dismiss the Massachusetts charges that was
held on September 17,2013.
In these transcripts you will see that the District Attorney convened
a Grand Jury on September 10,2010 and told the Grand Jury that I had
a prior conviction of Rape which was a lie ! She admit that this information
was given and that it was incorrect yet she argues that the Grand Jury
may not have seen it and all other kinds of things that really don’t
make any since. I just want you all to be able to read the transcripts
of the hearing as well as the Courts ruling denying my motion to dismiss
the charges. I am having the transcripts posted as an exhibit so please
go and read them. I’m sure you will see that its no way these charges
should not have been dismissed.
I am also blacking out the victims name because I feel she has a right
to not have her identification known. Hey, I am not saying that she
is not a victim but I did not do this crime and I am going to use this
platform to show that fact !
The thing is the Asst District Attorney did not want to go before the
Grand Jury and say they have a DNA match for a crime that happened
over twenty three years ago and that’s it! Therese a good chance she
would not got the indictment with just that information. So, she told
them prejudicial information to obtain the indictment. The standard
is I most show that it was knowingly done for the purpose of obtaining
the indictment. I most also show that this information caused the indictment
to be given. I represented myself and I’m sure I met the burden. Please
read the hearing and let me know what you think. A Lawyer reviewed
these transcripts and told me this issue really need to be brought before
the Appeals court. He stated that my argument was very strong.
I found out that the chain of custody documents is not on the Site.
I wrote my Appeals Lawyer and asked him to send me a copy of them so
I can post them so you all can see that the chain of custody of the

DNA evidence was broken twice. Once for seven years the evidence is
unaccounted for and the Detective who submitted it to the Lab for analysis
which resulted in the alleged match with me never states where he got
the evidence from.
The whole damn case was based on the DNA match and and the Jury did
not get to see that the chain of custody was broken. So as I see it
now they knew damn well this case should not have went to trial and
I keep reminding myself that back then when this case happened they
had a suspect who just so happened to be a Police Officer who just
so happened to be a mile from the place that the Kidnapping accused.
This suspect just so happen to be in prison for rape and Murder. I
have the interview of the FBI agent who interviewed this Police ( David
Middleton ) family. This is the FBI Agent that I asked the Court to
have Subpoena so he can testify and was denied. As soon as I get, the
chain of custody documents I will post them. I received the letter
from a specific person requesting I post those documents.
I also submitted a motion to the Victorville Superior Court requesting
transcripts of my sentence in the California case. I am going to ask
for other transcripts of the information I pointed out on the Site.
I have to see if they are going to grant me these and then I’ll request
certain hearings. I am also going to have my family contact those two
Jurors who contacted my trial Lawyer about not feeling comfortable
with the verdict. Remember I told you all that the Court denied my
Lawyer the Jurors addresses and told me that we could not interview
them without the Courts approval. I want to see if that alone with
other information could meet the standard for an actual innocent brief
to get me in the Federal Court. I’m not giving up !I
Well I’m going to end this for now. So cheek out the transcripts and
then read the Courts ruling denying my motion to dismiss the charges.
I hope I hear from some of you soon. You can e-mail me or write me
here directly. Take care God Bless you all !!!

June 3,2015. I wanted to point out a few things before I mail off the
transcripts to be posted. I wanted to point out that I am also addressing
the court about the document that was supposed to have came with me
from Pelican Bay that was used to justify the enhanced security measures
they used against me. As you will see the Court mentions all the Sheriff
Deputies present in the Court house. You will also hear the Deputies ask
the court to leave me in the waist chains and they keep the black box on me.
As you will see they go on and keep the waist chain on me and take off
the black box. After I argue the motion to dismiss we address the security
issues and the document that they said came from Pelican Bay State prison
that Pelican Bay State prison said was not generated at PBSP or any other
California Department Of Correction Institution. I do have that document
in the exhibits alone with the formal response by Pelican Bay State prison.
Keep in mind that I’ve since found out that this document has been placed
in my prison file here in California after they admitted they don’t know
where it was generated at. I learned this at the Department Review Board
DRB at Pelican Bay on January 22, 2015 that resulted in me being released
from the Security Housing Unit SHU and transferred here. I have appealed
this document now being placed in my prison file and that’s at the appeals
Directors level in Sacramento California.
Remember when I went to trial they kept me in ankle chains and they kept
about eight Deputies and three court Officers in the courtroom against
my objection. This is also an issue I will address on appeal. You will
be able to hear their argument justifying their security measures in
this hearing. Keep in mind the court never tells the D.A. to answer my
motion asking where they got this document from ? I tell you the more
I look back on all of this the more it stinks !! I just wanted to let
you know this stuff prior to you reading the transcripts. Take care 11
June 5,2005 I wanted you all to know I received the chain of custody
documents from my Lawyer and I am posting them at this time. Please
examine them and you will see what I’ve been saying all alone. Keep
in mind that the DNA evidence was the only evidence they allegedly stated
connected me to this crime. Now you can see that they can’t assure anyone

that the evidence was secured.

that the evidence was secured and reliable. The thing is the Jury should
have been able to see this evidence and I was not allowed to snow them.
At the time I did not know that and the motion I submitted to suppress
the evidence was not the right way to go yet I still should have been
able to show the breaks in the chain of evidence to the jury.
So I am posting the motion to suppress I submitted while the trial was
still going on. This motion was asking the court to suppress the DNA
evidence. It was submitted with the chain of custody forms to support
the motion.
I am also submitting the chain of custody document and the evidence
examination request form. Now on the chain of custody form you can see
that this Detective name Phillip Russell on 6-10-88 took possession
of the evidence from analyst Susan Garabrant. The next time we see the
evidence is on the evidence examination request form when Detective
Philip Russell on 7-30-96 gives the evidence to analyst Susan Wittney.
Now keep in mind when you look at these form Susan Garabrant, Susan
Wittney, Susan Faith are the same person. She was married several times
over the years. I want you to also look at the chain of custody form
and see that a Detective C. Gilroy on 1-8-09 has possession of the
evidence and do not show where he got the evidence from? Who gave him
the evidence? He states he gave the evidence to Bill Wallace to be submitted
for DNA re submission in Massachusetts. This was the lab that said the
submitted the evidence into CODIS and got a match to me. Now I found
out from other documents that Bill Wallace never signed his name as
Bill Wallace but William Wallace. I had testimony on this topic but
the court allowed the Assistant District Attorney to have two Detectives
stay in the court during the trial and they would always prepare the
witnesses to what was coming. I did object to that and will address
it on appeal.
What I want is for all of you to see this and tell me what you think
of it? I do not want you to believe what I am saying without evidence
to support it. I will be placing more transcripts and documents as I
see fit. Thank you and you all have a good day. May Allah grant you
success!

Please share your thoughts with me.

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