Sunteți pe pagina 1din 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division Civil Action No.

_______ JEFFREY FRANKLIN WASHINGTON, ! Petitioner ! ! v. COMMONWEALTH OF VIRGINIA, HAROLD CLARKE, Director, Virginia Department of Corrections ! Respondents PETITION FOR A WRIT OF HABEAS CORPUS TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT: ! Petitioner, Jeffrey Franklin Washington, pro se, hereby petitions this Court for a writ

of habeas corpus ad subjiciendum, pursuant to 28 United States Code 2254, setting aside his Alford Plea convictions. Many Brady v. Maryland 373 U.S. 83 (1963) violations by the prosecution coerced the plea. The voluntariness of a plea can be determined only by considering all of the relevant circumstances surrounding it. -- Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 1469 (1970). One week after the trial judge compared

then Defendant Washington to Adolf Hitler (court transcripts prove article in newspaper), the same judge sentenced Washington to 70 years for alleged crimes of capital Murder, reduced to rst degree Murder; Robbery; conspiracy to commit Robbery; breaking and entering with the intent to commit Robbery; use of a rearm during the commission of Robbery; conspiracy to commit burglary; and wearing a mask in public. Petitioner alleges that after the Alford Plea, and after the Sentencing, many key items of exculpatory evidence were discovered, one that a Police Investigator received from the Coroner the money from the dead man, that with other evidence, proves no Robbery was committed. Petitioner Washington, twice tested negative on Gun Shot Residue tests, creating Probable Doubt that Washington could have been the gunman who committed the murder of the

PETITION FOR A WRIT OF HABEAS CORPUS for J. F. WASHINGTON !

drug dealer; a fact revealed by a Certicate of Analysis by the Central Forensic Laboratory of 14 September 1994. The same Police Investigator received a phone call on 8 September 1994 advising him that Washington did not re a gun, and a footnote shows the Police Investigator then terminated the GSR tests on 7 other suspects, effectively Evidence Tampering. All this done prior to one Preliminary Hearing of 5 October 1994, and prior to the 11 October 1994 Grand Jury. At a hearing of 13 December 1994, Defense Counsel in court stated that the money had been found in the Coroners notes so knew there was no robbery. Defense Counsel allowed these false charges of Murder and Robbery, and other charges, to go forward, prosecuted by the Winchester Commonwealth Attorney, who with numerous Brady Violations coerced the mother of the Petitioner to beg her son to accept the prosecutors Alford Plea offer before any evidence was presented to the Jury at the trial. The Alford Plea was altered after Petitioner agreed, thus a form of Contract Fraud. On 28 July 1999, Police Chief Reynolds wrote a powerful letter to the prosecutor Paul Thomson about the mess Thomson made in the Washington case, Thomson was voted out of office in 2001. In January 2011 Thomson was arrested 5 days after his crimes were reported to Virginia State Police headquarters. Eleven days later the Defense Counsel, now judge, retired early. In June 2012, Dr. Reynolds visited Petitioner Washington in prison, judged that Petitioner was Not Guilty, and then testied on his behalf at a Parole Board Hearing. Petitioner alleges that the Respondent holds him in custody, under terms of imprisonment, in violation of his rights under both this Constitution for the United States of America, and the Constitution of Virginia. Petitioner seeks an evidentiary hearing and determination of the constitutional issues that this case raises as preliminary to an Order for a new trial where Petitioner is confident that a Jury of his Peers would judge he is Not Guilty, based on evidence NOT available to Petitioner Washington, or his family, before or at the trial on 27-28 February 1995, but NOW available, many evidence items obtained during the term of the next Police Chief, Dr. Gary Reynolds, with his assistance.

PETITION FOR A WRIT OF HABEAS CORPUS for J. F. WASHINGTON !

S-ar putea să vă placă și