This confession my lawyer hid from the jury and made up lies during the motion for Appropriate Relief hearing. The child confessed that it did not happen and that his own mother made him lie and he was sorry. You will see here that my own attorney hid this information from the jury, and not being really on my side to begin with. The Intimidation trial was 1991, and the Indecent Liberties trial was 1992. However, did not find out about these documents until March 2012, when I began investigating my own case. The relief motion was filed in 1994. After the motion was decided, then I found out the appeal was filed. All of this knowledge was discovered last year. I was on house arrest the entire time while I was out on appeal. We found lots of new evidence that would actually clear my name if investigated.
After I was convicted, we hired new attorneys to fight for my appeal, and file this motion. My old lawyer had to defend himself and he lied on the stand to do it. It shocked me that he would actually say these things about the tape. During the couple years he represented me, he never once told me that he felt the tape was made up.
Since my first attorney was a former District Court judge in the same court house I was convicted, the judge sided with him and the weird thing about this was the confession tape was never played in the courtroom. How can a judge make a decision that is fair without even hearing the tape? Below is part of the evidence that I obtained about what the old lawyers facts were regarding the tape and it was never told to him like this and most certainly did not happen like this. .
My lawyer was a former District Court judge in the same courthouse I was tried in. About 6 days after the child apologized to me in 1991, the State, files a charge of Intimidation a Witness and used the boys mother as the victim. It was their way of maliciously covering up the boys confession. The boys mother got on the stand and she changed the story 3 times on how I intimidated her. I never even saw her, just the child accuser which he apologized. The confession did not even come out here either. The judge still found me guilty of that too. The tape was not played or any mention of it by my attorney either. Further, not a single witness testified in my behalf at the Intimidation trial. This was against my wishes, because I felt that the tape should have been played right here at this hearing. When I was found guilty in District Court of this charge, I appealed it to Superior Court. I have a document that says I have 10 days to withdraw my appeal, and if I did not, it would be scheduled for retrial on November 18, 1991. That date was hidden from me and I never showed up for court.
I was tried and convicted on the Indecent Liberties charges on July 1992. I was sentenced in December of 1992 and immediately appealed the conviction. I was out for a little over two years while the appeal was going on. The document above shows where my attorney, Mr. Phil Redwine, made up this story about how the confession took place and he got on the stand attacking his former client.
On June 23, 1993, the case was put back on the calendar for a retrial. I never heard from my new attorney and the court never told me to appear. However, I did want this hearing because the confession would have come out. I was left in limbo, wandering when my trial on this was. I had a warrant for my arrest, bond revoked and it was all reinstated without me knowing anything about it. I have been wondering all of these years why I did not get a retrial on this. Now I know why and it is hard to believe, but it happened.
In March of 2012, I found out what the real truth was. The prosecution did not want this confession to come out during the appeal process. Further, the prosecution checks that I could not be found. How could this even happen? I was on house arrest and had to call in everyday to a pretrial release officer, from the time I was sentenced through my appeal. I was even subpoenaed for jury duty during that time. I called and they told me that I did not have to go.
When the confession happened, my lawyer said he would bring out the tape by surprise at the "big trial". Come to find out that he believed that it was made up and did not even tell me. He had a moral obligation to tell me the way he felt. So I could have made the decision to let him represent me or get new counsel. If he had, I would have fired him on the spot. I wanted an attorney that believed in me. This is an outrageous case. While I have done all of my time, I am innocent and want my name cleared. What happened to me is wrong and should not happen to anyone else. It is very stressful. What has gotten me through all of these years is the apology from the child. He was sincere, and told him that I forgave him.
The Intimidation case is a cover up by the prosecution because he confessed to me directly to my face, not secreted in another room. The Intimidation case was not even about the confession to the state even though I was charged about two weeks or so after he confessed. They made the judge believe that it was me threatening to sue the mother. I never even saw the mother, except in court.
Before the Indecent Liberties trial was to start, I went to Vermont to pick up the witness since he had no way back to the trial for him to testify at the Indecent Liberties trial. Since he went to see his dad, I wanted to make sure he was there. He was not even used as a witness even though I wanted him to testify and let the court hear what he knows. I want to ask one thing. The last sentence of this document states about what my witness would testify to. My lawyer claims that I said, "What I told him to." I never told him what to say. This is really stupid. If my lawyer was so effective in representing me, he should have known exactly what his testimony was. After all, he did make the recording of the child apologizing.
This was a way of my lawyer of covering up for himself. This is outrageous. He said that I was secreted in another room. That is a total lie and the accuser knew that he apologized to my face. Further, I did not even know the child was coming over to confess. I just happened to be there with my lady friend and her family lived directly behind the accusers and that is why the confession even happened in the first place. They arrested me for the Intimidation on my birthday. I believe that was planned too. I believe that if my lawyer was effective, he would not have attacked me at this hearing making up a big story! Since he was a former judge, he was ruled effective.
Do you think my lawyers were really on my side? Notice the part in here as well where my attorney admitted on the witness stand that I threatened to sue various people and that the boys mother would be living in a cardboard box. I never said that However, that was why the Intimidation of a State's Witness case was filed. This was successfully by my counsel to hide the truth from coming out and this document shows that my lawyer was the one who turned me into the prosecution in the first place. I did not Intimidate anyone. I was just there at Bonnie and Martin's house and they lived directly behind the accusers and that is the only reason why the confession even took place to begin with.
My new lawyer was not really on my side either. My appeal was decided on February 24, 1994 and I did not even go into prison until January 18, 1995. That is almost a year later. The only thing I can gather is my new lawyer and prosecutor knew that a new Sex Offender registration law was coming into effect and wanted me to have to register as a sex offender. If I had of gone into prison when the appeal decision was reached, I would not have to register for 10 years and the law would not apply to me! My lawyer and the prosecution knew about the confession and did nothing to present it to prevent a innocent man from going to prison.
I will fight this until someone hears this case because the truth needs to come out.