Prosecution has appealed judge Angel’s decision to give Adam Braseel a new trial, saying the judge overstepped his bounds. In question was a motion from Adam’s present lawyer in which claims were made of ineffective counsel in the trial that convicted Adam. Prosecution now makes claims that nothing Adams lawyers Flossy Davis or Bob Peters did or failed to do rises to what is called the Strickland Standard, a test arrived at in the supreme court decision of Strickland v Washington — how bad do the defense lawyers have to be to warrant a new trial.
- Counsel’s performance fell below an objective standard of reasonableness.
- Counsel’s performance gives rise to a reasonable probability that if counsel had performed adequately, the result would have been different.
The original motion, written by lawyer Douglas Trant, had sat in limbo for years after it was mistakenly filed unsigned too close to the deadline to have it corrected. Two years later, starting in early 2016, a commotion then started upon the revelation of new evidence being made public by film investigator DK Sale while looking at a broader story being working on that runs from NYC through the Appalachian mountains, this investigation just happened to unearth information helpful to Adams case, which the film maker has made public as it has been discovered, in turn, creating public concern and pressure that Adam was likely railroaded as a patsy for a murder amidst an investigation of medicaid fraud (prescription pills) of Malcolm Burrows and Krista Garner, with overseeing Doctor Florence and other yet un-named individuals who facilitated the operations – an investigation being conducted by the TBI and DEA – both Garner and Burrows being questioned by Special Agent Kim Harmon shortly before Malcolm was murdered – perhaps to be silenced.
Two months ago Dr Florence was brought to suit by the Federal Government for this very Medicaid fraud pertaining to prescription pills. Krista Garner had long since closed her clinic and surrendered her nursing license.
Another problem with the motion of Douglas Trant is a similar problem to the trial itself in which no mention was ever made that Malcolm Burrows was mixed up in the drug business and had business dealings that can be seen as motive to kill including a disputed 65 thousand dollar investment and Arabian horses allegedly killed in a back and forth Vendetta between Garner and Burrows, according to the Grundy County chief investigator Brown, who told this to the film maker yet was never called nor did he ever appear in court to tell this story to the jury. Once again you have the story that everyone knows and then there is the one in the court record, which has no basis in reality
These same stories are corroborated in statements by Allan Meeks and Sheriff Myers report – yet none were were brought forward to be examined by the court.
“It would be like convicting some random person for the murder of The Godfather and telling the jury the murdered person was a minister, not a member of a notorious crime family with along line of persons quite motivated to kill because of their criminal business – yet prosecute someone outside the fold – one reason to do this would be to pretend their was no crime family – but why? And how could this happen, well as they say in the film — “Don, you have all the media and politicians in your pocket, you have to share – nothing new here.
One speculation fro the silence is that for the first time in te Grundy Courthouse cameras were rolling and no one was too comfortable talking about major drug investigations on the mountain while being on film, for whatever reasons.
However it is no secret that Grundy county and the Appalachian region has had a raging drug problems – more recently Oxycontin and other pills have come to the fore since being pumped into the region with the advent of new pain management programs starting in 2000 promoted by drug maker Perdue who manufactures the drug and of course wanting to sell more – and a great buyer of their wares was now the federal government through Medicaid as the pain management was legitimized – for those relying on government money this additional revenue was welcome to those crafty enough to figure out how to convert to cash this legitimate benefit available – Malcolm appeared to be one such person. And it was a win win for everyone in many ways especially the manufacturer whose take is in the many billions of dollars. Purdue is a company owned by the Sackler family, whose three brothers originally worked at Queens Psychiatric, where ironically,Woody Guthrie died – Guthrie was a frequent visitor to Tracy city as well as Eleanor Roosevelt, Martin Luther King and Rosa Parks.
DK tells us his major discovery in all of this just may be something hard to believe, he says when Martin Luther king gave his his famous speech “I’ve been to the mountaintop,” the night before he was assassinated in Tennessee, the only logical conclusion of which mountain he is referring to is indeed Grundy Mountain. An unlikely place, but where for the first time he had seen both white and blacks working together to improve justice for the people – all of which took place off a little road just west of Tracy city, a then mecca of justice, perhaps unwelcome, yet nonetheless a massive influence in the struggle for fair wages and equal rights in the mid 1900’s; teacher/hillbilly Myles Horton was even called “the father of the civil rights movement,” by one of Kings closest friends. The school being so feared was shut down by those not so ready for change, yet almost fifty years later, it’s impact is slowly beginning to be understood, now that times have changed.
Douglas Trant will answer the motion to appeal Judge Angel’s decision and then Adam will see which way the courts want to take things. When Adam was asked what he intends to do about it, he said he didn’t know, he didn’t know why they were doing this to him.