Summary
In September of 1987 the Govenor of Florida signed my DEATH
WARRANT, and while I sat on death watch waiting to be executed my
state mandated appellate attorneys submitted a 3.850 appeal to
the Trial Judge that presided over my case. When my attorneys
gave me a copy of the appeal, I immediately noticed they had
discovered two pieces of exculpatory evidence.
One being the initial eyewitness statements (see
Defense
Case #1) and the other the test results of
the blood samples taken off my person the night
I was arrested. The blood test revealed only one blood
type was found on my person and it matched my
blood type. It showed there was no mixing of blood as
inferred at my trial and that had the victim's blood been mixed
with mine it would have shown up in the test. Since the blood
test results were not turned over on
demand for discovery, my attorney had no way of arguing what I
had been telling him all along, which was the only blood on me
was mine, that I had not killed anyone and there was no way the
victim's blood could be on me. (To see copies of the State's
forensic tests and refutations by my defense, Click
Here.)
Again, either the state's attorneys knew of the blood test
results or they didn't. They cannot argue in good faith that the
blood evidence did not prejudice the Jury. State's attorney Bruce
Young tells the Jury himself in closing arguement that I had a
fair trial and I am entitled to a true verdict, a verdict that is
founded on all the evidence, and a verdict that is based on the
law. Well, Mr Young, how could I receive a fair trial when you
waved blood stained clothing before the Jury and bought forth false
and misleading evidence that inferred the blood samples
taken from my person were mixed with the victim's blood? When in
fact evidence you should have known about, shows only one
blood type, mine. I was unable to argue otherwise
because I did not receive the blood test results. Detective Fire
would state in the deposition he gave that there were two types
of swabbing from Milo Rose. Two different types of blood - one
being the victim's. I submit Detective Fire had reason to lie
about the blood test results ( and many more things) because he
knew he had made a false arrest.
Once more I will call upon the state's attorneys to condemn the
actions of the Clearwater, Florida Police Department for not
turning over exculpatory evidence and in bringing forth
false and misleading evidence to prejudice the Jury in order to
achieve a verdict of guilt. Once more the exculpatory evidence
cannot be dismissed as "harmless error" as Trial Judge
Susan Schaeffer would rule when denying me an evidentuary hearing
on the trial issues. As the evidence comes forth in my Trial it
points more and more toward gross misconduct on the part of Susan
Schaeffer. When I stood in her courtroom and shouted to the Jury
I was being railroaded, she had to know the truth in what I said.
What is most appalling is that she would later sentence me to
death. More facts of her misconduct will come forth as we
continue. I am innocent and have suffered the pains of injustice
long enough. I deserve a full evidentuary hearing on the Trial
issues and immediate release....