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.
|