Adam Braseel files to Federal Court — allegations of perjury, corruption, jury, witness and evidence tampering.

 

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In a sworn affidavit, under penalty of perjury, former Grundy County Sheriff’s investor, SGt Mike Brown testifies that when he turned Malcolm Burrows Body over to TBI agent Larry Davis, Sheriff Brent Myers and Chief Lonnie Cleek, there was a wallet in Malcolm Burrows back pocket.

He also swears that when he learned Adam Braseel was being tried for Malcolm’s murder he attempted to contact District Attorney Michael Taylor and asst Steve Strain so that he could testify to his role the night of Jan 7th, 2006 as a Grundy County Investigator who handled the key evidence and spoke with Becky Hill, was told he was not needed to testify—they “Had it Covered”

Would the outcome have been different if Sgt mike Brown had testified? Well of course — The entire case of the State and Law enforcement hinged on the states theory that Malcolm Burrows was killed in the course of a robbery of his wallet.

By making it a case of a stolen wallet– no other suspects were developed. Suspects tied to Malcolm’s business as a drug dealer. A fact the state also kept secret.

According to Mike Brown the wallet was not stolen by whoever killed Malcolm.

Clearly if the State had told the truth about Malcolm, a series of possible suspects or people to question emerges. People who are in the Law enforcement records that were never followed up on – Nurse Krista Garner, who Malcolm was in business with. DR David Florence, Nurse Garners overseeing doctor. Eck Frederick who appears in the Sheriffs own witness statements when Dana Frederick is quoted as saying he killed Malcolm. Trey Meeks and his girlfriend Kasey Kilgore are on the Sheriffs  own witness statement  — yet never investigated.

These are just a few people with ties to Malcolm – there are many others who had dealings with Malcolm.

The TBI has no defense to their then agent Larry Davis perjuring himself at trial. One simply can read his testimony at the preliminary hearing and see that his testimony changed at trial. He left out SGT Brown and claimed he discovered the weapons.

As far as the rumor that Adam was an accomplice, the State nor any other person has ever shown one piece of evidence to support this. This accusation is easily seen a last ditch effort to make some feel better about railroading an innocent person.

Exhibit two is a sworn affidavit from the juror.

Exhibit three being from Clint Shrum  “When I took office on Sep 1, 2014, there was not a single file on the Braseel case at the Sheriff’s office— the question is this: was there something the past administration did not want me to see.

Ineffective Counsel, a constitutional violation, is at the heart of the matter. It has been ever since Judge Angel ruled correctly on this and Adam was granted a new trial. That was taken away by the most bizarre action of the TN higher courts. Adam was whisked away back to prison and then the Supreme Court refused to even discuss it.  Talk about the good ole boys. Hopefully the Federal judges will straighten this out.

The attorneys offer examples of what the defense did not do.

Evidence not investigated by counsel includes:

  1. Evidence showing that Eck Frederick committed the murder and assaults,

including but not limited to:

  1. a) Evidence that Dana Frederick gave a statement that her father Eck

Frederick killed Malcolm Burrows;

  1. b) Evidence that Christa Garner owed a large amount of money to

Malcolm Burrows;

  1. c) Evidence that Christa Garner refused to repay the money to Mr.

Burrows and so he killed her horses; and

  1. d) Evidence that Christa Garner hired someone to assault Malcolm

Burrows.

  1. Evidence showing that someone was hired by Christa Garner to assault

and ultimately kill Malcolm Burrows and Hill and Braden as witnesses,

including but not limited to:

  1. a) Evidence that Christa Garner owed a large amount of money to

Malcolm Burrows;

  1. b) Evidence showing that Kirk Braden killed Malcolm Burrows and

assaulted his mother, Becky Hill, including but not limited to:

  1. a) Evidence that Kirk Braden had assaulted his mother on other

occasions;

  1. b) Evidence that no witness tied a third-party perpetrator to the crimes

other than the testimony of Kirk Braden and Becky Hill;

  1. c) Evidence that Malcolm Burrows’ time of death could not be

established forensically or by other eye witnesses;

  1. d) Evidence that Kirk Braden could have staged the scene to support

a fabricated narrative regarding the murder of Malcolm Burrows

and the assault of his mother;

  1. e) Evidence that Kirk Braden admitted to moving one of the weapons

following the crimes; and

  1. f) Kirk Braden could have intimidated or conspired with his mother

to identify Adam Braseel as the perpetrator of the crimes.

  1. Evidence showing that a gold car driven by a man with dark hair and a

woman with blonde hair was at Malcolm Burrows’ residence on the day

before the crimes, including but not limited to:

  1. a) The statement of Jay Douglas that he observed a gold car driven by

a man with dark hair and a woman with blonde hair on January 6,

2006; and

  1. b) The statement of Angela White that she observed a new model

gold car, and not a twelve-year-old model as belonged to Adam

Braseel’s mother.

 

  1. Evidence that the murder and assaults were drug-related and/or motivated

by in-fighting related to the drug trade, including:

  1. a) Malcolm Burrows was involved in the trafficking of drugs in

Grundy County, and was involved with person(s) involved in drug

dealing;

  1. b) Those involved in the drug trade in Grundy County would have

had motive to kill over money owed related to the drug trade.

  1. Evidence that Malcolm Burrows was not killed in the course of a robbery,

indicating that the crimes were not motivated by robbery as argued at trial

and that person(s) subsequently covered up the true motive of the crimes,

including:

  1. a) New evidence from Sergeant Michael Brown demonstrating that

Malcolm Burrows’ wallet was in his back pocket at the time his

body was found;

  1. b) The wallet was never catalogued into evidence and its existence

was not disclosed to defense counsel — its nondisclosure also

violates due process under Brady, at both the guilt and sentencing

phases of trial; and

  1. c) The absence of the wallet and the false testimony of Sheriff Myers

that he was not ever at the crime scene indicates that killing and

assaults were not motivated by robbery but were, instead, covered

up after the fact by Grundy County officials.

  1. Trial counsel failed to establish a defense to the charges or to bolster the alibi

defense actually presented by the defense to show that Adam Braseel’s alibi defense was valid,

and that there was reasonable doubt about guilt because Adam Braseel was in Coalmont,

Tennessee at the time that the crimes occurred in Tracy City, Tennessee. Among the evidence

which counsel failed to investigate in order to prove that Adam Braseel’s alibi was valid,

includes:

  1. Evidence that Adam Braseel was with Charles Partin at his home until

9:15 p.m. on January 7, 2006, including:

  1. a) Evidence that Danny Johnson was with Mr. Braseel and confirmed

when Mr. Braseel left; and

  1. b) Evidence that Robin Smith was with Mr. Braseel and confirmed

when Mr. Braseel left.

  1. Evidence that Adam Braseel was with Jake Baum and Kristen King in

Coalmont, Tennessee for five to fifteen minutes between 9:15 p.m. and

10:00 p.m., including the statement of Jake Baum.

iii. Evidence that Adam Braseel arrived at Josh Seagroves home, arriving at

10:00 p.m. and remained with friends the rest of the night, including the

statement of James Brown and Darren Nunley who confirmed that Mr.

Braseel arrived at Mr. Seagroves house between 9:00 and 10:00 p.m. on

the night of January 7.

  1. Trial counsel also failed to conduct forensic investigation to establish proof

confirming the alibi defense or establishing a reasonable doubt about Adam Braseel’s guilt,

including, but not limited to, the failure of counsel to investigate and present the following

evidence:

 

One has to ask why a SGT Troy Brown testified and the actual investigator SGT Mike did not. And whether the jury understood this. As the Court of Appeals certainly got it wrong saying Troy Brown found the body.

In any event, Mike Brown says when he turned the body over to the TBI and Sheriff, that Malcolm’s wallet was in his back pocket – not stolen like the prosecutor claimed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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