Thursday, October 22, 2015

How many more in Alabama are innocent?


Harvey Windsor was convicted on the basis of
1.) An obviously dubious eyewitness identification placing him with Lavon Guthrie on the day of the murder.
a ) Sammy Osborn gave an in court Identification while looking at Harvey Windsor and yet 4 years prior to this she could never give a Description of a person only of an article of clothing,of the person she claimed to of been at her house..which was 5 miles from Rayford Howards store
( A witness Prior to a tainted Process Description Must Resemble the Accused In order to over come the Taint Process)
b) While here she only Describes an Article of Clothing and at No point Prior to seeing the Accused in the Court Room Ever Provide A Description. She Admits this Fact In the Suppression Hearing ,Yet was Allowed to Identify Harvey Windsor.


2 ) ABI  finger print expert , Ms. Carol Curlee, “made only one partial fingerprint identification of Mr. Windsor, that on the cigarette butt. 

Carol Curlee stated she dumped the ash tray and the contents of said car into a plastic bag. Yet according to evidence collection guidelines:

Cigarette butts may be identified with respect to the brand, strength, flavor, length, packaging, and possibly manufacturer and time period of manufacture. Cigarettes may also bear fingerprints, saliva, lipstick and cosmetic residues, and other trace evidence. To ensure preservation of this additional trace evidence, the following steps should be taken in collecting and packaging cigarette evidence:

Collection

1. Document any cigarette butts and their locations using photographs.

2. Individual cigarette butts should be recovered and packaged separately from other ash and debris.

2. If damp, the recovered cigarette should be allowed to air-dry at room temperature prior to packaging.

3. Air-permeable paper envelopes (not plastic bags) should be used to contain recovered cigarette evidence, in order to preserve any residual saliva and/or fingerprints.

4. Label and seal the envelope properly, including your name, date, description, and exhibit number.

5. Collect any comparison standard you will need for testing.

(source)


a ) On cross-examination Ms. Curlee admitted that this was only a partial print, and that she could not recall how many ‘points’ of similarity there were between that print and Mr. Windsor’s file prints.”   A defense expert could, in all likelihood, have explained to the jury the weaknesses in Ms. Curlee's identification.
(source)

3) Auto theft Investigator Tennessee Jimmy Ball processed the stolen Mustang Before Carol Curlee:

a) He  recovered items from inside and a palm print from the hood of the vehicle and two prints from items unidentified.
b) He also stated "
there is no way Curlee found anything"
He also stated " the only place he did not search was the trunk of the vehicle"


Mr. Dandridge  Case.

At trial, prosecutors relied on the ABI examiner's testimony (Carol Curlee) that the fingerprints definitely matched Mr. Dandridge. 
The only other evidence presented was the testimony of a jailhouse informant who, in exchange for a reduced sentence in a pending case, said Mr. Dandridge told him he was involved in the crime.


On May 5, 1995, Beniah Dandridge was charged with capital murder in the killing of Riley Manning Sr. in Montgomery, Alabama, based exclusively on Alabama Bureau of Investigations assertion that bloody fingerprint found at the crime scene matched Mr. Dandridge


Carol Curlee, a latent  print examiner with the ABI testified she compared two fingerprints from the crime scene and found 14 points of simularity in one print and nine points of
simularity  in the other. Nine being  the minimum standard required to make an identification.

In May 2014, two fingerprint experts who had been asked to re-examine the fingerprint evidence at the request of the Equal Justice Initiative reported that the prints at the crime scene was in fact left by Riley Manning  Jr. and not by Dandridge.


Beniah  Alton  Dandridge  spent 21 years behind bars for a crime he did not commit.
How many more in Alabama are innocent?

Beniah Alton Dandridge - National Registry of Exonerations





Tuesday, September 2, 2014

DID WINDSOR GET A FAIR TRIAL?

Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.
 Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution. The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony. The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony. The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police must inform him of anything that tends to prove the innocence of the defendant. However, the prosecutor is not obligated to personally review police files in search of exculpatory information when the defendant asks for it. The prosecutor must disclose arrest photographs of the defendant when those photos do not match the victim's description. Some state systems have expansively defined Brady material to include many other items, including for example any documents which might reflect negatively on a witness's credibility. Police officers who have been dishonest are sometimes referred to as "Brady cops." Because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a sustained record for knowingly lying in an official capacity. In order to ensure compliance with Brady, the United States Supreme Court repeatedly urged the "careful prosecutor" to favor disclosure over concealment. Conformity with Brady is a continuing obligation of prosecutors.
Remember now their was no evidence at either crime scene that even hinted Windsor was the suspect. The one and only thing tclaimed hat wrongly convicted Windsor was a woman Sammy Sue Osborn
that at first statement to police did not identify Windsor, after the reward was offered she then made an in court ID. She lived five miles from the Howard scene and said a man named Harvey was at her
place that day? Excuse me if Windsor was at her place why could she not identify him?

Also note the car that witnesses described at the scenes? was a small green car, likely a Toyota, Datsun.  Throughout this trial the car that witnesses described was with held from the trial.

     







  • FACE TO FACE WITH SUSPECT AND DID NOT IDENTIFY WINDSOR  READ HERE
       


  • LOOKING FOR WRONG MAN AND WRONG CAR READ HERE
       

  • INCONSTINTCIES IN WITNESS STATEMENTS TWO READ HERE

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  • INCONSTENCIES IN WITNESS STATEMENTS ONE READ HERE 
  •              

  • WITNESS STATEMENTS THREE READ HERE
  •  
  • WITNESS TWO READ STATEMENTS  READ HERE

  •      
  • WITNESS STATEMENTS ONE READ HERE

  •  
  • SABOTAGE FROM THE WINDSOR DEFENSE TEAM? READ HERE
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  • Owner operator's of Tommy's Shell Station Here



THE WRONGFUL CONVICTION OF HARVEY WINDSOR


The state's case against Mr. Windsor was almost entirely circumstantial. The only physical evidence that purportedly directly linked Mr. Windsor to the killing of Mr. Howard were fingerprints found on a cigarette butt recovered from the Mustang automobile supposedly used by Mr. Windsor and his co-defendant, Colon Lavon Guthrie, in the commission of the crime. The fingerprints were identified as those of Mr. Windsor by the state's expert witness (R 934-935). Having thus purportedly placed Mr. Windsor in the Mustang, the state also introduced two casings; one found at Mr. Howard's store and the other in the Mustang. 


 Given that these two items of physical evidence represented a crucial part of the state's otherwise overwhelmingly circumstantial case, trial counsel was constitutionally required to make an effort to challenge the state's interpretation of this evidence. Indeed, counsel recognized their responsibility to do so shortly before trial, by requesting funds to retain a fingerprint expert, which request was granted by the trial court. Nevertheless, halfway through the trial, counsel still had not retained an expert, and, in fact, never did so (R 881), leaving the state's interpretation of this evidence unchallenged. The importance of having an expert is highlighted by a review of the testimony and cross-examination of the state's fingerprint expert, Carol Curlee. Ms. Curlee made only one fingerprint identification of Mr. Windsor, that on the cigarette butt. On cross-examination Ms. Curlee admitted that this was only a partial print, and that she could not recall how many ‘points' of similarity there were between that print and Mr. Windsor's file prints (R 936-937). A defense expert could, in all likelihood, have explained to the jury the weaknesses in Ms. Curlee's identification, given these admissions on her part.

The state also introduced fingerprint evidence linking Mr. Guthrie to the killing of Mr. Howard (R 918-920, 924-926). This evidence was part of the state's strategy of trying Mr. Guthrie, against whom there was more physical evidence instead of Mr. Windsor and then using circumstantial evidence to purportedly show that Mr. Windsor was with Guthrie on the day of the crime. Again, as defense counsel understood, expert assistance should have been obtained to challenge this fingerprint evidence as well...(.WE have been asking for the court to release this print for testing to a print expert here in the U.K....as for the shell casings they did take photos off them and prints but for some unknown reason kept that information..those shells were not from the murder weapon which i have proof of....as for the Mustang that wasn't even at the Howard place and i have proof of that....all they wanted to do was tie the two crimes together and put Harvey Windsor with Guthrie...No one identified Harvey Windsor at the Howard place..in fact people said it was not him.



  DOCUMENTED FACTS