On December 7th, 1998, I was arrested as I neared the Emergency room at Truman Medical Center, located at 23rd & Holmes St, Kansas City, Mo. To my surprise I was thrown down on (with weapons) by two Officers and accused of having robbed the McDonald's located inside of the hospital.
The two victims from the McDonalds described the robber being 6' 4", 155 to 160 pounds - I am 5' 9", and weighed 228 lbs. at the time I was accused. The statements and trial transcripts (3) of which, due to mistrial and hung jury all reveal the fact that Police officers told the two 16/15 year old victims I was the man robbed the store.
During the third trial the Officers Freeman/Marqquez were used as the states key material witnesses, and both were allowed to commit perjury testimony to the material evidence. During the first trial Freeman testified that as she chased a suspect from the Hospital, he (suspect) dropped the bag of money and the hat he was wearing. At the third trial (same prosecutor) Officer Freeman testified that, the suspect never dropped those items of evidence and that she recovered them from me over two blocks away where I was arrested.
During the first trial Marquez (the arresting officer) testified that as he came out of the hospital with another officer (Johnson). They got into his vehicle and headed toward the direction they heard over the police radio that the suspect had been described headed in. Marquez testified that later, when he and Johnson spotted someone wearing overalls (me) a clothing description - that they take me as the suspect. Marquez testified under oath, that there was no money or weapon on me when they arrested me. During the third trial Marquez testified that as he came out of the hospital, he spotted me in the Emergency room parking lot as I continue running in an attempt to escape by jumping over a solid 10' retainer wall. And that when he arrested me, he recovered a bag of money that was taken in the robbery.
The court overruled about every objection my public defender made, and abused it's discretion by making constant comments on the evidence in the presence of the Jury: "It makes no difference if she (the victim) remembers if he (the robber) had a beard & sunglasses. - The court removed its impartiality by making many other comments. The jury's verdict was guilty after approximately a four and a half hour deliberation. The public defender filed a motion for a new trial, which contains fifty-nine (59) trial court error, constitutional violations. The motion was denied by the trial court.
I was appointed another public defender on direct appeal; this attorney would only raise two (2) mere issues from the fifty-nine (59) plus fail to go far enough in argument or cite ruling authorities of the two issues. I am now at the stage of my post conviction 29.15, and have been appointed another public defender which has filed an amended motion and has disregarded every constitutional issue that I requested be raised: Due to all these issues not raised at this stage, they will all be abandoned for further consideration if needed for Federal Court.
I have written the court requesting that this attorney be dismissed for failure to comply with the 29.15 rule which states: All issues known to movant must be raised to this court. I still await the ruling on this matter from the court. It should also be noted that throughout the states closing argument, the prosecutor continously commented on me not testifying during the trial. I did not testify because my attorney thought it would be best not to, due to my past criminal record.
I had reason to be at the hospital at the time I was there. Medical records were presented by TMC and Swope parkway health care clinic. I suffer from Migraine headaches/high blood pressure/dizzy spells and black-outs. If someone can assist me please contact me as soon as possible.
Or e-mail me here, but be sure to put my name in your letter, I share the box with several others.
