after 21 years of being unjustly incarcerated it´s time to tell my story...the true story

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"The Chain of events"

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posted on | Sat, June 13th 2015


1. I was a good friend of one of the victims (Rosy) for some time.

2. She had a boyfriend and I had a girlfriend yet we enjoyed each other’s company when it was convenient.

3. Our relationship was basically about getting drunk and having fun which many times included having sex when we both felt like it.

4. I was at a club called Club Max. I left to go visit Rosy since the club was not too active. ( note: the women who worked the door at the club testified that I left and came back).

5. When I got to Rosie’s I began to party with her and messing around sexually.

6. When her friend Mandy came over they were laughing and things and I became aware that she knew me and Rosy were messing around. She joined us in the partying.

7. Afterwards, I went clubbing back at Club Max and left with this other Marine and these two women (all who testified).

8. I later went to a friends apartment and the victim Mandy was in bed with a guy name Toney Teo. I laughed (Note: Toney Teo testified to this).

9. Later that morning when I came through to Rosy’s apartment I found both Rosy and Mandy dead. Mandy’s hands were tied behind her back, with her back facing me. I reached around to take her pulse. My hand entered a void where her throat had been cut.

10. It scared me and I jumped back and hit the wall in anger out of fustration.

11. (note: The people in the adjoining apartment said they heard one hard bang on the wall after 10am).

12. I left and went over to the payphone where I was wondering what I should do.

13. I did not call the police. I ws in the Marine Core and did not want to get involved.

14. I then saw the friend I was dating (Orlanda) and her two boys in her car driving down the street.

15. She gave me a ride back to the base where I went into the guard booth and signed her and myself in on base.

16. Later that day I left to go play a basketball game at Norton Air Force Base which was a several hours drive.

17. Note: Orlanda testified that she picked me up and took me to the base. We also had the records showing when I signed on and off the base.

18. Note: The palm of my left hand was cut during field day (cleaning) two days prior to the murders. I cut it in the trash can on a razor. The detectives went and searched my barracks and found the razors which was missing one. They also fund the trash can I describe the paint pealing.

19. This is how my blood got on the wall at the victims apartment when I ht the wall after touching Mandy’s throat.

20. Note: During the trial these very high standing citizens who owned a basketball card memorabilia business testified they saw my cut in the middle of my hand on the day of their ” Grand Opening” when I was holding the cards by the edges  I was selling. They had asked me about the cut and offered me cream for my hand. Their Grand Opening was the day before the murders!!

21. After getting to Morton Air Force base I could not play ball because my left hand could not hold the ball right. I was sent to the base medical who told me they wanted to send me to a hand specialist.

22. I was taken to Balboa Medical Hospital in San Diego California.

23. After being examined I went to the base housing to sleep.

24. I was awakened by Military personal and a San Bernardino California Sheriff Detective.

25. I was taken to a building on base and interviewed by Sheriff Detectives Neely and Palacios for about two hours. During this interview I did not admit to finding the victims dead.

26. Note: During a pretrial hearing Detective Palacios testified I was mirandized and under arrest prior to this interview. The D.A. called a recess. Afterwards Palacios change his testimony which was allowed by Judge Yent.

27. We filed a motion to dismiss being that the Sheriff Detectives did not have the authority to make the arrest due to the Balboa Marine Base being a Federal Reservation. Motion was denied by Judge Yent.

28. On the way back fro Balboa Detective Neely and Palacios stopped at a hospital who took my blood. They had my blood drawn by the hospital nurse.

29. During a haring the nurse who took my blood testified that they only take blood at the detective’s request if the subject is under arrest or in custody.

30. The form at the hospital was changed from “under arrest” to “not under arrest” by detective Neely.

31. During a hearing it was found that the blood samples (tubes) were logged three (3) days after the blood work was taken by the hospital.

32. Detective Neely testified to taking the blood home and keeping it in his refrigerator over the weekend next to the beer.

33. Filed a motion that the blood was illegally taken and the blood was tainted evidence due to the fact that Sheriff Detective Neely testified  to taking the blood home and keeping it in the refrigerator over the weekend. (This motion was denied by Judge Yent).

34. Once we left the hospital I was taken to the San Bernardino Sheriff’s department where I was once again interviewed where I requested a lawyer fifty three (53) times before I finally told them I found the victims earlier in the day as well as how I found them.

35. We filed a motion to dismiss the case due to my Miranda rights being violated 53 times when I requested a lawyer 53 times. This motion was denied by Judge Yent.

36. Note: The court ordered me when I testified at trial not to mention anything about this interview! He stated it was to prejudicial for th Jury to hear and if  I mentioned this interview it would cause a mistrial.

37. As a result of the judge’s order the Jury only heard the interview taken at Balboa where  I denied finding the victims dead and not the interview when I explained how I found them and my movements justifying the evidence that was at the crime scene.

38. The jury was polled after the trial revealing that they had only heard me lie during the interview. That they would have wanted to hear the second interview when I told them I was at the crime scene and found the bodies.

39. My first appointed lawyer was removed fro conflict of interest. He had represented one of the victims mothers  in a prior criminal matter.

40. My family hired Attorney Garret Zellen with a $50,000 retainer fee plus about $50 per diem (travel, hotel, etc.)

41. We were before Judge Stevens in Barstow Superior Court when we received an anonymous phone call telling us that Judge Stevens clerk (Katie Yent) was showing (disclosing) our confidentially sealed documents to the district attorney’s office.

42. Mr Zellen filed a complaint to the court requesting a hearing on that matter.

43. On the day of the hearing we were moved in front of Judge Yent who was Katie Yent’s husband. He was now assigned as the sitting Judge on the case.

44. We requested he remove himself since the allegations was against his wife. He refused!

45. We went before the head judge name Kennedy to address the conflict with Judge Yent.

46. The case was moved to the courthouse in Ranch Cucamonga, California. We went before a new judge and used our challenge on this judge and had him removed.

47. We then was moved before this circuit judge name Judge Law. The District Attorney filed to have this Judge removed and the appeals court would not remove him. The D.A. then went to the California Supreme Court who removed Judge Law.

48. We then was moved back to Victorville Superior Court before Judge Rufus Yent who refused to remove himself and was the Judge presiding over the case until the end.

49. We filed two years of pre trial motions and Judge Yent denied everyone of them.

50.Before trial my paid lawyer Mr Zellen quit my case for no reason and no notice or refund of retainer.

51. A public defender name John Hardy was then assigned to my case.

52. During the trial the prosecutions witness a Marine name Trenton Draper testified to having sex with both victims. Note: He also testified that he thought Amanda was of similar age to Rosy, 19-20 years old. He was also given immunity for statutory rape charges. He did not incriminate me at all. This was to justify the DNA samples found in the victims.

53. I took the stand and testified on my defense. Under the instructions not to mention anything pertaining to the interview in San Bernardino Sheriff’s department.

54. The D.A. asked me several questions that I could only answer using the interview. I would sit there and then he would say “Oh” and change his line of questioning.

55. We presented a time line showing it was impossible for me to have the time to commit the crime. We showed the bank ATM photo and me signing in on and off the base, as well as a phone call to a cab company and other evidence.

56. Judge Yent gave the Jury instructions that they did not have to decide the time of death.

57. During the trial three (3) crime scene investigators testified there was a conflict in there testimonies. They each testified that they found this same single drop of my blood being in 3 different places within the crime scene. Note: This was after the detective Neely testifying that he took the blood home for the weekend.

58. After being found guilty of two counts of murder by a Jury trial two members of the jury contacted my lawyer and said they didn’t agree with the verdict and felt pressure to return a guilty verdict.

59. Mr Hardy explained to me that he had to request permission from the court to interview these jury members pertaining to their addresses from the court.

60. Judge Yent denied our request to interview these jurors.

61. The court appointed an appeals lawyer name Kimberly Grove from El Cajon, California.

62. My family hired and attorney Mr Jordan to file appeals on my behalf. He addressed certain issues up to the California Supreme Court.

63. We ran out of money.

64. About five years later we contacted him to move forward due to having the monies. He informed us that we was barred to further the action due to the one year time restraints pursuant to the Anti-terrorist and Effective death penalty (AEDPA) act.

65. I did not know anything about the law back then and now the only way I can get into the federal courts is to file an actual innocent brief with evidence that was not know at the time of the trial. I am looking at a couple of issues including the two juror who felt they were pressured into the guilty verdicts. I just found both of their names.

Please share your thoughts with me.

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