The application to file an appeal was filed in The Criminal Court of Appeals on the 6th, an amended version was sent on the 12th, past the due date, but was just accepted by the court.
The amended version has several things in it of importance. As those reading this blog would know, there has been a serious error in the court record since 2009, one that might appear subtle at first blush, but is of grave importance for one seeking to find the true chain of events that occurred to put an innocent man in prison.
Angie White, a neighbor of Malcolm Burrows, testified she saw a gold colored car in front of her house on Melissa Rock Road in the afternoon. Since Adam Braseel was driving a gold colored car the State used this testimony to try to corroborate the eye witness testimony of Malcolm’s two relatives.
However, since the police work was exceptionally poor, or worse, and the trial attorneys, so inept or worse, it was never grasped that the neighbor seeing a gold colored car is actually proof Adam Braseel did not commit the crime.
White said she saw a late model Gold colored car, when shown a picture of Adam Braseel’s car in court — she said — no that’s not it. The car I saw did not have a dent in it.
After some badgering by the prosecutor and being shown a different side of the car, White said the car she saw was similar – meaning only it was Gold colored. The only distinguishing feature she could say.
However, the Attorney General, in 2009, simply invented that White had testified she saw the picture she was first shown and said yes that’s it. The car she saw had a particular dent.
The Criminal Court of Appeals then used this as corroborative in their argument.
When I find an error like this, I want to know everything about it.
And on analysis of the testimony and police records I see that this spotting of a Gold Colored car by White was the entire reason police went looking for “anyone” with a Gold Colored car. In the first police report, neither Kirk nor Becky told police there was a Gold colored car. Additionally, Angie White’s husband Jeff insisted and testified that Kirk explicitly told him the assailant ran off on foot. And if there is anyone in this equation who does not have a reason to lie it is Jeff White.
The police no doubt made the mistake they did all along, they let Kirk know the neighbor saw a Gold colored car and he put it in his story.
There were countless Gold Colored Cars on the mountain. And one we know of, was spotted by Jay Douglas at the crime scene, and that car was driven by someone other than Adam Braseel. The car White saw was most likely was that same car, and we are 100 percent sure it was not Adam Brasee driving it.
I know that’s a lot about a little dent, but to understand this, is to understand what happens when unqualified individuals run an investigation. – as I said, or worse.
It is because bias creeps in. Every person up the chain tries to firm up their weakest position by adding details – and in this case, one that is patently false.
So as you can see, if something creeps in that is wrong, I’ll look to see if it is a pointer to a weakness in the case itself.
When I saw the court claimed Becky Hill was unconscious, what I saw was there was a complete lack of understanding of the timeline – and for a good enough reason — records are horrible and people don’t speak in full sentences and give actual dates. Saying things like “a few days later” or “after you got out.”
OK, when after? A day, a year? With such vague references, after everything is said and done, what is left is one twisted knot.
But the court, whether it knew it or not when it said Hill was “unconscious,” was talking about Thurs, Jan 12th, 2006, at approx. 8pm. I am sure of this.
A time when Becky testified she was in the Kitchen at her sister house looking at police pictures after she got out of the hospital. A time when she made a statement which is dated the 12th with her signature.
A time when Lonnie Cleek testified Hill was in bed and too sick to look at photos.
However elusive and hard to understand the testimony is at trial, when you look at all the testimony and documents, there is zero doubt that this is the true date in question.
And as you can see, Cleek, Hill, and the court’s statement on Hill’s condition and what happened on that date – do not add up.
How they don’t add up is another matter. But suffice it to say that the credibility of these witnesses is affected by the mere fact they are changing their stories in court. Or otherwise lying.
OK so now to the appeal itself.
The main course centers around Jurisdiction and the right of the appellate court to supersede a post-conviction Judges determination of facts garnered by his reviewing of the evidence.
Also Alex pointed out that Angel had not ruled on a couple other items brought up in the original petition. One being the failure to object to hearsay evidence. In this regard the case could be remanded back to Angel.
As this will all be the subject of the appeal, I will write more on this later. As it is an interesting topic and deserves its own post.
In any event, we wait now to see whether the court will hear the appeal. And I will try to find out how long this will be for them to decide.