Defendant's case #3 (so-called ‘Alibi Witnesses’)

Summary

‘Alibi witnesses’. The alleged alibi witnesses have been a thorn in my side. I have always maintained to my court appointed trial attorney(s), as well as to my appellate attorneys that THE ALIBI WITNESSES HAVE TO BE THE KILLERS.

There are important facts my trial attorney failed to bring out while questioning these witnesses. One being the fact that they told the Public Defender's investigator that when they picked me up hitch-hiking that I wore a long sleeve red flannel shirt and my hair was in a pony tail. Also that I put the black T-shirt on at home only after I cleaned the blood from my face and hands. Why my attorney failed to bring out these facts I do not know. But do know it is one reason why I tried unsuccessfully to dismiss him during the trial.
Another thing I wanted my trial attorney to learn about, but he didn't, was what Detective Fire meant in the deposition when he said he knew the female witness from another murder case in which she was a witness. I felt good that it came out that both witnesses initially denied any knowledge of the murder. But I still needed more to question their integrity and truthfulness. I never asked them for an alibi. I didn't even know Butch was dead. I didn't like them and didn't want them around. I even tried to make them leave when I found out Butch was allowing them to stay with him. But I was out voted and they were allowed to remain. When Detective Fire told me that they said I told them I killed Butch and asked them for an alibi, I knew he wasn't telling me the truth - but, the fact is they did tell Detective Fire that. And since detective Fire had already determined I was guilty, they got away with murder.

Things became a total nightmare for me from the time I was awoken and told I was under arrest for murder. I initially thought Butch had killed the guy he had fought with earlier that night and because I was with him the police wanted to know what I knew. I had nothing to hide and no reason to lie. After being told Butch was dead and all the evidence pointed to me as the killer, I went into shock. I could not explain the evidence. Nothing seemed to make sense to me and I now believe I suffered a nervous breakdown. No one was helping me. The Public Defenders were telling me the evidence was overwhelming as to guilt and unless I came up with answers I would die in the electric chair. I didn't know what happened to Butch except for what I was being told and no one seemed to believe me.

Then Barbara, the victim's mother, came to visit me at the Jail. Barbara told me she knew I didn't kill her son, and a giant weight was lifted off my shoulders. She then helped me to put the pieces together. Last year (1995) Fate would smile on me! I would have my cell location changed and meet another man here on death row from Pinellas County, Florida. As we talked about our cases I learned he was from the same general area as I. So, I asked him if he knew the alleged alibi witnesses in my case. To my surprise he said yes and that one of them even gave a deposition in his case. I asked to read it and once more to my surprise I was reading how the female witness in my case was telling how she had made a deal with state's attorney Bruce Young to testify against me. That he agreed to reduce a felony possession of marijuana to a misdemeanor. This information was not turned over on demand for discovery. This deposition shows that this couple have a good perception of how the legal system works and that they know how to use it. This also shows that Bruce Young is not above reproach. That he personally did not reveal evidence that would of been used to show incentive and reason for the alleged alibi witnesses to testify as Bruce Young wanted them to testify.

I am innocent and for nearly sixteen years I have fought hard to prove my innocence. If not for a quirk of fate I may have never found the evidence that taints the alibi witnesses testimony. The Jury never heard any defense testimony, because all the exculpatory evidence that would have allowed me to put on a defense was withheld from the defense. I deserve an evidentiary hearing and immediate release....