Latest / DA CREW Podcast / 3-17-25 lets talk about with Shanette & Cornell
Transcript
- 1:02Speaker 1: Ladies and gentlemen, May I have your attention please. The
- 1:10Speaker 1: show starts in ten mine eight seven, six, five, four
- 1:25Speaker 1: three two one.
- 1:30Speaker 2: Go Well, Hello, good evening, and thank you for joining
- 2:27Speaker 2: Colonel and I for another episode of Let's Talk About It. Tonight,
- 2:33Speaker 2: we'll be talking about bias in the criminal justice system.
- 2:40Speaker 2: I will be sharing a pre recording conversation that I
- 2:46Speaker 2: had with my husband Juan Johnson. This is my co
- 2:53Speaker 2: host calling me now. I'm going to be sharing a
- 2:57Speaker 2: pre recorded conversation that I had with one a couple
- 3:02Speaker 2: of months ago about his case as we as you guys.
- 3:10Speaker 2: Some of you guys are aware that I'm not able
- 3:15Speaker 2: to talk to the men in Denver because of because
- 3:25Speaker 2: of their policy over there. So we started off and
- 3:30Speaker 2: we talked to them for just a little while until
- 3:34Speaker 2: they shut it down. They was like, no, you guys
- 3:37Speaker 2: cannot talk. And they thought they was talking about safety
- 3:44Speaker 2: things that will jeopardize the safety of the prison, but
- 3:49Speaker 2: it wasn't. It was just pertaining to their case. So
- 3:53Speaker 2: while we in talks with the warden over there to
- 3:57Speaker 2: see if I can finally get them to come back
- 4:01Speaker 2: and finish sharing their their stories with us, their cases
- 4:08Speaker 2: with us, then I have to think of other ways
- 4:12Speaker 2: to try to get their stories out. So I don't
- 4:17Speaker 2: know what happened to my co host, but we're gonna
- 4:21Speaker 2: wait just a little more, give him a couple of
- 4:24Speaker 2: more minutes to call. You guys, know how calling from
- 4:28Speaker 2: inside of the prisons be, they will shut it down
- 4:31Speaker 2: in a minute. If they think that it's a third call,
- 4:36Speaker 2: parlam calling, or you know whatever, they just shut it down.
- 4:44Speaker 2: But anyway, let me just go on and just tell
- 4:48Speaker 2: you what I've been up to until Cornell called back.
- 4:54Speaker 2: So on April first, it would be April first, I
- 5:08Speaker 2: have written in Angela's fifth this well, this will be
- 5:14Speaker 2: my fifth anthology that I have written in with Angela,
- 5:19Speaker 2: and it's in honor of her fiftieth birthday, fifty years
- 5:28Speaker 2: on this earth. And that's a blessing because sometimes nowadays
- 5:32Speaker 2: our young people are not living past eighteen nineteen twenty,
- 5:39Speaker 2: some of them are not seeing their fifties, and that's
- 5:43Speaker 2: a blessing. So I would like for you guys, if
- 5:48Speaker 2: you can, when the book dropped on April first on Amazon,
- 5:59Speaker 2: go purchase her book. You can even either even purchase
- 6:05Speaker 2: it from one of the twenty authors. That's written in there.
- 6:11Speaker 2: I am one of them. So you can call me
- 6:14Speaker 2: if you would like to get a copy of the book.
- 6:18Speaker 2: I will let you know the price of it once
- 6:23Speaker 2: once I find out. I truly don't know what's going
- 6:29Speaker 2: on with with the system, with what's going on over there,
- 6:37Speaker 2: because usually Cornell would have called me back, but he
- 6:40Speaker 2: hadn't called me back, so I'm gonna just keep going on.
- 6:46Speaker 2: So I did that. That was the fifth book. I
- 6:51Speaker 2: am currently working on my book, How I Navigate How
- 7:00Speaker 2: and Coping with grief since the loss of my son. Well,
- 7:05Speaker 2: I'm not gonna say I didn't lose him, but I'm
- 7:08Speaker 2: gonna say he since he transitioned. For so I'm going
- 7:13Speaker 2: to share how I cope with how I got through
- 7:18Speaker 2: the grief. But I'm still I have my moments.
- 7:22Speaker 3: It ain't like.
- 7:24Speaker 2: I woke up and then I was just like, he'll no,
- 7:29Speaker 2: mm hmmm, no, I have I have my moments. And also,
- 7:38Speaker 2: so I'm working on that and that's I'm looking for
- 7:43Speaker 2: it to be released in June sometime. So I'm gonna
- 7:48Speaker 2: keep you guys updated. Uh what's going on with that,
- 7:52Speaker 2: with the process of that when it's the when the
- 7:56Speaker 2: book is going to be released and let me see
- 8:05Speaker 2: what's going on. Okay, So I got a message that
- 8:12Speaker 2: he's getting ready to call me back, so I'm just
- 8:17Speaker 2: waiting on that. Also, if you are in the Atlanta area,
- 8:24Speaker 2: let me get that out real quick because to make
- 8:28Speaker 2: sure I want to make sure I get all everybody
- 8:32Speaker 2: information out there. If you are in the Atlanta area
- 8:37Speaker 2: April fifth, I want you to go join Angela and Samario,
- 8:49Speaker 2: Samaria and Apostle Kimberly for a prayer breakfast from eight
- 8:56Speaker 2: to ten. Angela, we'll give us some more information throughout
- 9:05Speaker 2: the program. Hopefully I can get her to post it
- 9:08Speaker 2: so you guys can join them over there.
- 9:11Speaker 3: You have to put money into your prepaid account or
- 9:15Speaker 3: thank you for using You may start the conversation now.
- 9:19Speaker 2: Now I have my co host Cornell.
- 9:25Speaker 3: Yes, ma'am, how you doing tonight? And thank you for
- 9:27Speaker 3: having me. My name is Cornell Duma and thank you
- 9:31Speaker 3: for having me, ma'am.
- 9:32Speaker 2: You know what, man, you're gonna have another We gotta
- 9:36Speaker 2: have another conversation. Okay, you're gonna have me and you're
- 9:44Speaker 2: gonna have another conversation. Okay, let let's do this again.
- 9:49Speaker 2: This is my co host, Cornell stepping in.
- 9:54Speaker 3: Hey Cornell, Hello, ma'am. How you doing tonight, ma'am? And
- 10:00Speaker 3: I am the co host of Let's talk about the
- 10:03Speaker 3: show tonight, And thank you again Man for having man
- 10:06Speaker 3: for Jen and for me joining our show tonight. Thank
- 10:08Speaker 3: you very much.
- 10:10Speaker 2: Yeah, so, you know, I don't know what happened with
- 10:13Speaker 2: the system, the hanging up, and but I was just
- 10:18Speaker 2: filling them in what our show is going to be
- 10:21Speaker 2: on tonight. We're going to listen to a pre recording
- 10:24Speaker 2: that me and Wan had talked about. So, as you
- 10:32Speaker 2: guys know, let me I love doing research. I don't
- 10:38Speaker 2: like coming on here and not doing my research because
- 10:41Speaker 2: I don't want nobody saying, oh no, that ain't true. Yeah,
- 10:45Speaker 2: you know it is true. So the United States criminal
- 10:52Speaker 2: justice system it is. I mean, it's crazy. It's it's
- 10:59Speaker 2: really biased. And when I was reading it, they were
- 11:05Speaker 2: saying that it's biased towards the black man and the
- 11:12Speaker 2: Hispanic man and the ones that really doesn't have no
- 11:16Speaker 2: more as does. They say poor people. That's what they
- 11:20Speaker 2: that's the way they classify it as poor people. They
- 11:26Speaker 2: do their sentence harsher than other ethnic groups. As we
- 11:34Speaker 2: also know that the the black man and the Hexpanic man.
- 11:44Speaker 2: Hopefully I'm saying that right. Don't nobody get upset. Are
- 11:49Speaker 2: also do more time on wrongful conviction. They also get
- 11:56Speaker 2: over sentenced. Their sentence is disportion It's so much stuff
- 12:03Speaker 2: we can say about their sentencing, and we just Cornelle
- 12:13Speaker 2: and I just want to bring that to the forefront
- 12:17Speaker 2: because this is what we're about. We wanted, we wanted
- 12:22Speaker 2: everybody to know what's going on inside the justice system
- 12:26Speaker 2: and how they are treated. And you know, a lot
- 12:31Speaker 2: of people really don't care. But you need to start
- 12:36Speaker 2: caring because when it comes knocking on your door and
- 12:40Speaker 2: you don't have nobody to be a voice for someone,
- 12:44Speaker 2: or you can't you not pointed in, can't get nobody
- 12:47Speaker 2: to point you in the right direction. You need to
- 12:50Speaker 2: pay attention. This affects everyone everyone. It doesn't matter what
- 12:59Speaker 2: now nationality you you are. Every national every nationality have
- 13:07Speaker 2: someone in prison that has been over sentenced, are wrongfully
- 13:13Speaker 2: and convicted. But statistics shows that it's the number one
- 13:19Speaker 2: ethnic groups that's been wrongfully convicted at this time is
- 13:26Speaker 2: the African American men, and followed by the Hispanic menuh men,
- 13:34Speaker 2: as well as women. We're not gonna live about the
- 13:37Speaker 2: women's So, Cortnel, do you have anything to add before
- 13:41Speaker 2: we jump into this to this tape, like.
- 13:49Speaker 3: Speaking about the traditional and partiality of our system. Now, okay,
- 13:53Speaker 3: you know we know already that our system is broken
- 13:56Speaker 3: and it classifies the peobo and system the law part
- 14:00Speaker 3: of these how blacks are being convicted by all white jeuries,
- 14:04Speaker 3: how lawyers are being paid off money to help them
- 14:07Speaker 3: secure convictions on African Americans, and not just African Americans,
- 14:10Speaker 3: but any racial group within the United States, and that
- 14:14Speaker 3: our system has turned into a multi billion dollar enterprise
- 14:16Speaker 3: when it comes to you know, over Simpsons and makes
- 14:19Speaker 3: you know, individuals, and I come up, just a system
- 14:22Speaker 3: and this is a very serious thing because a lot
- 14:24Speaker 3: of people are being wrong with me and just will
- 14:26Speaker 3: portunately tell us the crimes that don't even match the senters. Man.
- 14:30Speaker 3: So you know, tonight, ma'am, I would like to hope
- 14:32Speaker 3: and pray that people get something from the show tonight, ma'am,
- 14:35Speaker 3: regarding the impartiality and and and justices within i Cooma
- 14:39Speaker 3: justice system. Man.
- 14:41Speaker 2: Okay, So, and I note, I'm going to start the
- 14:46Speaker 2: recording that I have prepared and hopefully you guys can
- 14:51Speaker 2: hear him, I have it up. But here we go.
- 14:57Speaker 4: By in your case.
- 15:00Speaker 5: Did applies this? I was found out guilty of murder,
- 15:07Speaker 5: and I said in prison for the exact same murder
- 15:11Speaker 5: that they found me. That gives you out.
- 15:22Speaker 4: So how can that be If you was not found
- 15:25Speaker 4: guilty of murders, how can they find you guilty of
- 15:31Speaker 4: felamy murder? Wouldn't that be.
- 15:34Speaker 3: Considered the double jeopardy.
- 15:38Speaker 5: I would be. I've been fighting filing mostly with the
- 15:43Speaker 5: courts all this time and they have, uh, they have
- 15:48Speaker 5: failed to answer the questions how can this be? Since
- 15:54Speaker 5: since since I was convicted in September to I was
- 16:00Speaker 5: than eleven, they have not answered that question since then.
- 16:05Speaker 5: And everything that they brought up was that it should
- 16:09Speaker 5: have been brought up in direct appeal. But I filed
- 16:15Speaker 5: in factive assistance of counsel, on the trial lawyer and
- 16:19Speaker 5: on the appeals lawyer, and they, the course the appeals
- 16:25Speaker 5: court say that they did their job. If they did
- 16:29Speaker 5: their job, that was their strategy. And so everything that
- 16:35Speaker 5: I've been bringing to them thus far has been shot
- 16:38Speaker 5: down due to the fact that they said that it
- 16:45Speaker 5: was brought up, it was took care of with the
- 16:54Speaker 5: which is why.
- 16:56Speaker 3: Okay, so.
- 16:59Speaker 4: Yeah, just go back just us at it.
- 17:03Speaker 3: Mm hmm.
- 17:05Speaker 4: I was reading an article about when you was picking
- 17:14Speaker 4: the jerk, when the jurors who can't seed it, do
- 17:18Speaker 4: you find that.
- 17:21Speaker 3: It was biased in that.
- 17:27Speaker 5: I believe that when the jury was being picked, they
- 17:31Speaker 5: had a rally outside the courthouse.
- 17:36Speaker 4: Uh.
- 17:36Speaker 5: The rally was about murdered victims or how to get
- 17:40Speaker 5: it was for commemorating murdered victims, and a lot of
- 17:46Speaker 5: the things that was spoken of was how to put
- 17:48Speaker 5: murders away life. There was a lot of motion about
- 17:55Speaker 5: the anger towards people, that people was upset. And I
- 18:06Speaker 5: just so happened to be I'm on trial for murder.
- 18:12Speaker 5: And over half of the Jerseys at that rally. Yeah,
- 18:21Speaker 5: I god and say it actually just to dismiss the
- 18:24Speaker 5: Jimmy Poole, she wouldn't and he let her know that
- 18:28Speaker 5: my client was not going to get a fair trial.
- 18:30Speaker 5: And as you see, I did not get a fair trial.
- 18:35Speaker 2: Okay, I'm gonna end it right there because I want
- 18:39Speaker 2: Cornell to its your I want Cornell say any I
- 18:45Speaker 2: wanted you have an input on that court.
- 18:52Speaker 4: Question.
- 18:53Speaker 3: If they did they from what he's basically saying, ma'am
- 18:59Speaker 3: is that he was he was he was given an
- 19:02Speaker 3: unfair shot from wordsake though. Okay, the judge in this
- 19:06Speaker 3: case was a bias judge, ma'am. Okay, he just identified
- 19:10Speaker 3: the fact that uh O'Riley was on the doorsteps of
- 19:13Speaker 3: the courthouse and that some of the general members in
- 19:16Speaker 3: his case were picked by possibility general members of the
- 19:22Speaker 3: panel to which they picked from. So thatfore that was
- 19:25Speaker 3: a violation right there, of constitutional violation because that's called
- 19:30Speaker 3: jury and partiality. That's the fact that jury should not
- 19:34Speaker 3: know about a case, nor should a jury participate like that.
- 19:38Speaker 3: So now I understand what the situation is now. The
- 19:42Speaker 3: jury was biased for him, and that because they heard
- 19:45Speaker 3: the riley, they are convicted him based upon the judicial
- 19:51Speaker 3: publicity in his case and not the fact that they
- 19:53Speaker 3: found no evidence could convict him. So that's why he's
- 19:57Speaker 3: saying he was already found not giving the real murder,
- 20:00Speaker 3: but he was still found guilty for the same case
- 20:03Speaker 3: under the less included offense and give them a disproportionate
- 20:07Speaker 3: sentence which is capital to life with our parole, which
- 20:10Speaker 3: is impossible. Why because sevening murder does not add up
- 20:15Speaker 3: to the possibility of life for our paroles. So he
- 20:18Speaker 3: raised the issue of ineffective pacificence of counsel on trial
- 20:22Speaker 3: lawyer and of pending lawyer on direct appeal. And the
- 20:27Speaker 3: Pendic Court is saying that the lawyers did their job.
- 20:30Speaker 3: So the issue was that the jury numbers in this
- 20:33Speaker 3: case was biased. Why because there's no jury charge for
- 20:36Speaker 3: aggravated robbery in this case. The issue of being separ robbery,
- 20:41Speaker 3: being rich does not elevate to the elements of sevenance Man.
- 20:45Speaker 3: That speculation, speculation is not sevenance Man right before? He
- 20:50Speaker 3: can't contiguity with no evidence at all by a judicial
- 20:54Speaker 3: to his audience who allowed the jury to continue deliberating
- 20:58Speaker 3: when they asked the question, can't we find that guilty
- 21:01Speaker 3: for capital? Further? Wow, because the word robbery was litten,
- 21:05Speaker 3: but the witness said that he did not rob them.
- 21:09Speaker 3: That eliminate That eliminates the issue of capital. Murther, matter
- 21:14Speaker 3: of fact, that eliminated the whole process of murder and
- 21:19Speaker 3: the issue that he called the death depict.
- 21:22Speaker 2: But you see, right, But you see, I was gonna
- 21:26Speaker 2: play some more, but I think I messed up the recording.
- 21:29Speaker 2: So I'm gonna just go off because I have his
- 21:31Speaker 2: case right here in front of me. It's cases like
- 21:38Speaker 2: I was reading this other case and that actual the
- 21:42Speaker 2: person was just sentenced last year of three murders. We
- 21:46Speaker 2: talked about that in the recording as well. He was sentenced,
- 21:51Speaker 2: he played guilty for three murders and he was given
- 21:57Speaker 2: three life sentences. Well, he put in for what was
- 22:05Speaker 2: an evidentiary hearing because he wanted to say that the
- 22:10Speaker 2: jury he didn't get a fair trial because of the jury. Well,
- 22:16Speaker 2: also Wine put in for an evidentiary hearing for the
- 22:22Speaker 2: first thing, for the same thing. Wine was turned down.
- 22:28Speaker 2: They denied his, but the other person they accepted his.
- 22:35Speaker 3: Okay, So then okay, you know, and I go on.
- 22:39Speaker 2: And I keep reading, and I was like, okay, so
- 22:41Speaker 2: they read it. This guy they found the jury found
- 22:45Speaker 2: him guilty of killing three people. But in Wine's case,
- 22:49Speaker 2: they found Wine they acquitted Win a murder. So but
- 22:57Speaker 2: this guy had three three murders, and he also was
- 23:03Speaker 2: charged with an underlining predicat offense, which was robbery because
- 23:08Speaker 2: he was robbery robing medical dispensary and he killed three
- 23:14Speaker 2: people and they gave him three life sentences. Well, well,
- 23:18Speaker 2: why case he doesn't have an underlying predicated offense. So
- 23:25Speaker 2: when they acquitted him of the actual murder, that means
- 23:30Speaker 2: he was he should have walked out of the courthouse,
- 23:34Speaker 2: but he didn't just because he just because the judge
- 23:40Speaker 2: allowed she allowed the word robbery. Let's remember why was
- 23:48Speaker 2: on trial for murder. He was not on trial for
- 23:56Speaker 2: robbery as well, so he didn't have a chance to
- 24:00Speaker 2: against the robbery charge. And he was not convicted of robbery,
- 24:06Speaker 2: and he was not charged with robbery. I have all
- 24:12Speaker 2: his paperwork, all of it, and that's what makes me,
- 24:16Speaker 2: you know, want to go hard for fighting for wrongful convictions,
- 24:23Speaker 2: talking and speaking up being a voice for men's that
- 24:26Speaker 2: been wrongfully convicted after seeing wands and also mister legates case,
- 24:32Speaker 2: you know, so that makes that I'm real passionate about that.
- 24:36Speaker 2: So okay do you I mean, it's just mind boggling
- 24:43Speaker 2: to me that you have a person that commits three
- 24:47Speaker 2: murders with an underlying felony, which is robbery, and he
- 24:50Speaker 2: played guilty for it. He got a life sentence. One
- 24:56Speaker 2: he was acquitted of the murder. The witness said one
- 25:00Speaker 2: Johnson did not rob me.
- 25:02Speaker 3: He was he did not.
- 25:04Speaker 2: He was not convicted or given the right to defend
- 25:07Speaker 2: against the robbery charge, but the judge let it stand
- 25:11Speaker 2: because of the prosecution said robbery. So he when the
- 25:19Speaker 2: judge gave the jury instruction, he did not give them instruction,
- 25:24Speaker 2: for he gave them instruction for simple robbery, which is
- 25:31Speaker 2: the lowest robbery. Inside. Also in the instruction, it doesn't
- 25:41Speaker 2: give the victim's name. The robbery was supposed to have
- 25:45Speaker 2: been for the witness that was on the stand. Mind you,
- 25:49Speaker 2: the witness already said Won Johnson did not rob me.
- 25:54Speaker 2: But the jury came back because the judge, they sent
- 26:02Speaker 2: out a letter I have the paper saying that they
- 26:05Speaker 2: couldn't you know, they couldn't get no verdict. So the
- 26:09Speaker 2: judge said that if they did not come back with
- 26:11Speaker 2: a verdict that they would have to come back on
- 26:15Speaker 2: that Monday. So I guess you know, didn't nobody want
- 26:20Speaker 2: to come back on the monday. So hey, we finsed,
- 26:22Speaker 2: go in there, throw all the paperwork together and see
- 26:24Speaker 2: what we come up with. They came up with a
- 26:29Speaker 2: verdict of guilty of felony murder. But then you have
- 26:34Speaker 2: this person over here, mind you, three bodies, and he
- 26:41Speaker 2: has the underlying prediculd offense. He was giving life. He
- 26:45Speaker 2: went back to court. The judge overturned, overturned three murders
- 26:56Speaker 2: that someone played guilty to sent to and it's brief,
- 27:00Speaker 2: sentenced him to forty two years. Forty two years and
- 27:09Speaker 2: he got seven years credit. Seven years credit. That guy
- 27:20Speaker 2: is serving he I don't know if he still were
- 27:23Speaker 2: Wine is that? But he was there and the other
- 27:27Speaker 2: man's that was in there on felony murder. That just
- 27:33Speaker 2: like Wine seeing him and he's just sitting over there
- 27:37Speaker 2: smiling with his boots kicked up on the seat because
- 27:40Speaker 2: he has a date to come home. Now, why our
- 27:48Speaker 2: brothers don't have a date to come home. They're doing
- 27:51Speaker 2: life without the possibility. Can you or you want to
- 27:56Speaker 2: jump in down co hosts?
- 27:58Speaker 3: Yes, swam, yes, swim again. The sentence is disproportionate, how
- 28:06Speaker 3: because he cannot receive them capital to life with our parole,
- 28:11Speaker 3: because that's only the jury. Now now mind yourself. He
- 28:16Speaker 3: was found to get the fulfilling murder. The jury found
- 28:20Speaker 3: him not guilty for the capital elements. Man down for
- 28:24Speaker 3: the state had to wait the capital punishment elements off
- 28:27Speaker 3: the table. They could not go to trial with capital
- 28:30Speaker 3: puns and while because he was on trial for only murder.
- 28:33Speaker 3: There was no aggravated robbery in the case, so therefore
- 28:37Speaker 3: he cannot be gifted for capital to punishment under capital
- 28:41Speaker 3: to life with our parole. Therefore, his sentence is a
- 28:44Speaker 3: boid judgment. The boy judgment means that they can be
- 28:48Speaker 3: challenged at any time. Not only that, it's an abuse
- 28:52Speaker 3: of the discretion of the trial court judge because the
- 28:54Speaker 3: trial court judge he encouraged the jury to find one
- 28:58Speaker 3: guilty while because he told them misleading them that they
- 29:03Speaker 3: did not come back with a further that they would
- 29:05Speaker 3: have to come back that money. Mind yourself, they've already
- 29:09Speaker 3: ruled against against the murder, so now it came back
- 29:13Speaker 3: with suthering murder, which is a lesson included offense of
- 29:17Speaker 3: the murder, but it's a different element to be proven
- 29:21Speaker 3: and it cannot be proven under the capital elements. So
- 29:25Speaker 3: one raised and effected sistance of council on director video.
- 29:29Speaker 3: He did not raise the insubbitiencies of the evidence, nor
- 29:33Speaker 3: did he raised that the jury charge was distortioned and
- 29:37Speaker 3: no good. So with that being said, man I do
- 29:41Speaker 3: not know if he challenged anything on his collateral attack,
- 29:45Speaker 3: which means that he can come back and raise and
- 29:48Speaker 3: affect the assistance of his child council who failed to
- 29:52Speaker 3: argue abot testament. He just because he raised, he.
- 29:56Speaker 2: Let me jump. He did did that, He raised that
- 30:01Speaker 2: and ain't shouting down. He went the appellate court said
- 30:06Speaker 2: that they're gonna let it stand because his counsel the
- 30:13Speaker 2: and they should have brung it up.
- 30:16Speaker 3: Oh okay, but that's on direct appeal. He has not
- 30:21Speaker 3: challenged the constitutional alex of his conviction. He has to
- 30:24Speaker 3: challenge that on collateral attack because the records are not
- 30:28Speaker 3: so to developed. On direct appeal, you have two phases.
- 30:32Speaker 3: You have direct appeal which is a right, and you
- 30:35Speaker 3: have totel attack, which is eleven O seven. So if
- 30:38Speaker 3: he raised an afa sister council on both of his
- 30:42Speaker 3: attorneys on direct appeal, now he can come back and
- 30:45Speaker 3: raise the constitutional issue of a boy judgment on his
- 30:50Speaker 3: collateral attack, which is his eleven o sept. That doesn't
- 30:53Speaker 3: bother him. He ain't even challenge the conviction yet. He
- 30:56Speaker 3: just challenge the direct appeal elements. And see now right now, Uh,
- 31:02Speaker 3: he can come back and challenge that.
- 31:05Speaker 2: And he said he got all of I got the
- 31:07Speaker 2: Court of Appills papers where they where they denied him.
- 31:12Speaker 2: He said he did all the the hapist corporates. He
- 31:16Speaker 2: said he he did all, he got up all, he
- 31:20Speaker 2: did all of that, and then they tied. They they
- 31:24Speaker 2: time boardy.
- 31:27Speaker 3: Okay, So now here it is. I don't know if
- 31:30Speaker 3: he boy judgment disproportionate of the simmers. He can always
- 31:36Speaker 3: challenge that because he just identified the fact that he
- 31:39Speaker 3: got counted a life with operot for an offense that
- 31:41Speaker 3: don't can capital punishment. Therefore, that makes his convictions of
- 31:45Speaker 3: boys judgment.
- 31:46Speaker 2: Yeah, I'm challenge that. And you know also then you
- 31:55Speaker 2: know I I have been really advocated for him, and
- 32:02Speaker 2: I have written the DA and the Attorney General. I
- 32:08Speaker 2: have written all of them, and I gave them back
- 32:12Speaker 2: their case law. I went through Denver case and I
- 32:16Speaker 2: gave it back to him, and it says that you
- 32:21Speaker 2: cannot convict a person of felony murder without an underlying
- 32:30Speaker 2: predicate offense. That means robbery, kidnapping another. You have to
- 32:38Speaker 2: have a felony to go with it to get felony murder.
- 32:42Speaker 2: And you know what they told me, they need they
- 32:47Speaker 2: need more, they need more evidence or they need more
- 32:54Speaker 2: onto it.
- 32:57Speaker 3: Okay, Well, the jury said, we thought I'm not gidted
- 33:00Speaker 3: for murder man, So there is the Jerry said they
- 33:03Speaker 3: find him not gidsed for murderer. That eliminates the felony
- 33:07Speaker 3: elements of the offense. Therefore, there can be no robbery
- 33:11Speaker 3: attached to an offense that was dismissed by the Jenery.
- 33:14Speaker 3: So now it there's no robbery elements or misdemeanor. Robbie
- 33:18Speaker 3: cannot elevate any felony murder the capital model man. That's
- 33:22Speaker 3: by law, that's a misdemeanor. It doesn't elevate to a felamy.
- 33:27Speaker 3: Simple robick doesn't elevate to a Robbie Watt because there
- 33:30Speaker 3: is no affirmative finer to the use of a daily
- 33:32Speaker 3: weapon and a self for murder, I mean a simple
- 33:35Speaker 3: robbery without an element of an accivated affirm of defining
- 33:39Speaker 3: a daily weapon. That cannot be a felling the offense
- 33:42Speaker 3: attached to fellermy murder to make him a capital murder
- 33:45Speaker 3: of candidate. Therefore, this is why it's a boid judgment,
- 33:49Speaker 3: because that's too much time for the offense, the Jerry
- 33:53Speaker 3: Wade murder. So therefore that's a disproportionate sperience. So that
- 33:59Speaker 3: for a tradition of rsuality on the court guard because
- 34:02Speaker 3: they now saying that he cannot come back and challenge
- 34:05Speaker 3: his conviction. But he can't. We could come back and
- 34:08Speaker 3: challenge the boy chumen, which is a dispopuition a sentence
- 34:12Speaker 3: because the offense charge go of the murder is dispocourse
- 34:16Speaker 3: that the life life was at the topics of Jepper.
- 34:19Speaker 5: You can't have that.
- 34:20Speaker 3: They don't go together. Well, that's where he's at.
- 34:24Speaker 2: And you know, I just don't understand how. You know,
- 34:27Speaker 2: they always say, use the law, know the law, use
- 34:31Speaker 2: the law. But when you give them back to them,
- 34:35Speaker 2: if a person of color give them back their law,
- 34:41Speaker 2: they oh no, well what is that? What is that
- 34:44Speaker 2: when your lawyer should have brung it up, but you
- 34:48Speaker 2: let somebody else give them the law, give them back
- 34:51Speaker 2: they law. They gonna go in there and they gonna
- 34:54Speaker 2: they're gonna make it right. They're gonna turn around and
- 34:57Speaker 2: make it right. You know that is you know, our
- 35:01Speaker 2: system is just so it's just so unfair. It's just unfair.
- 35:08Speaker 3: Okay, Well you know what, ma'am. In a situation like that, maam,
- 35:12Speaker 3: for an African American man come in the same position,
- 35:15Speaker 3: A lot of us in the same position. You have
- 35:17Speaker 3: to push everything off the table that you have challenge
- 35:19Speaker 3: and come back and read finde o case. That's what
- 35:23Speaker 3: you have to do, and take it right back to
- 35:25Speaker 3: then on a collabal attack which is eleven O seven,
- 35:28Speaker 3: and challenge and his case a boid judgment and that
- 35:32Speaker 3: will give him an evidentiary area here. And why I
- 35:34Speaker 3: because the sentence is dispropportionate to the offense and that
- 35:37Speaker 3: will give him evident your hearing to determine the problem out.
- 35:41Speaker 3: The capital of punishment is dispports it to the offense.
- 35:46Speaker 3: So that's why I said, I don't know if he
- 35:47Speaker 3: ever challenged that issue, because he can challenge it under
- 35:50Speaker 3: an abusive disquestion of the judge and a famousism of council,
- 35:55Speaker 3: or he can just challenge it by himself.
- 35:57Speaker 5: A boid judgment.
- 35:58Speaker 3: A disproportionmentate sentis man.
- 36:00Speaker 2: And didn't you know, I don't know if challenged And
- 36:03Speaker 2: you know I'm ask you man. I just made he
- 36:06Speaker 2: probably did. I just messed up the whole little recording thing.
- 36:11Speaker 2: I gotta figure out what I did to it.
- 36:13Speaker 3: But you know.
- 36:15Speaker 2: They they also Denver also had revised the feeling the
- 36:25Speaker 2: murder law they said it was they made it unconstitutional now,
- 36:30Speaker 2: but if you was sentenced prior before them revising it,
- 36:38Speaker 2: it doesn't make it doesn't do you no good because
- 36:40Speaker 2: it's not recto active for the ones that was sentenced
- 36:44Speaker 2: prior to twenty seventeen. After twenty seventeen, you're able to
- 36:52Speaker 2: what is it. It's second degree murder, it's not feel
- 36:56Speaker 2: any murder. Is no longer first degree now it's set
- 37:00Speaker 2: degree murdered. Okay, and I think the time is forty years.
- 37:06Speaker 2: I think they have to serve for forty years on that.
- 37:10Speaker 3: Okay. So with that, band said, this is a new law, okay,
- 37:14Speaker 3: that's not retroactive now even though they's taking its a
- 37:18Speaker 3: change it from first degree eleanent to first second degree Felay,
- 37:21Speaker 3: you don't have to use the retroactivity of the law.
- 37:25Speaker 3: Or we have to do is use the language of
- 37:27Speaker 3: the law and show how at the time of his
- 37:29Speaker 3: conviction that the language of the law elevated this offense
- 37:33Speaker 3: to a capital element offense, which means that that's not
- 37:36Speaker 3: that's unconstitution that's like a doubleheaded sword. Man, if you
- 37:40Speaker 3: can give you this way, you.
- 37:41Speaker 2: Can get it his way, right, because he I know
- 37:45Speaker 2: he he challenged he did double Jeffardy double jeopardy, and
- 37:52Speaker 2: they shot that down as well. I just wish that,
- 37:55Speaker 2: you know that you was able to talk to him
- 37:58Speaker 2: as like we do them. I'm able to talk to
- 38:01Speaker 2: the men's from Texas, so they can so you can
- 38:05Speaker 2: actually hear what they you know, what they're dealing with
- 38:09Speaker 2: over there.
- 38:11Speaker 3: Yes, ma'am, yes, maam. Well I just heard him while
- 38:14Speaker 3: ago when he said that, you know, of course, a
- 38:16Speaker 3: loud for the cheers, who's sitting on the doorsteps of
- 38:19Speaker 3: these just sitting this trial. That's that's a cheery, a
- 38:25Speaker 3: postulity man, that's Jerry. What's that publicity the trial? So
- 38:31Speaker 3: that's a violation the DA.
- 38:32Speaker 2: Put that on. So I heard that you have one
- 38:35Speaker 2: minute to I guess you and mister Holliday. Is mister
- 38:42Speaker 2: Holliday still around, Yes, ma'am, we're right here. Okay, tell
- 38:47Speaker 2: me I'm waiting to hear from me.
- 38:52Speaker 3: Okay, well, here we go. We're gonna start writing now. Okay,
- 38:55Speaker 3: we're gonna call them at the same time.
- 38:59Speaker 2: Yes, you gonna You're gonna call me and he gonna
- 39:04Speaker 2: call me on the other one. Yes, right now, Okay,
- 39:08Speaker 2: I'm waiting I'll be here talking.
- 39:11Speaker 3: Okay, Okay, we're ready.
- 39:13Speaker 2: Okay, the caller has hung up, Why I while I
- 39:19Speaker 2: wait for my co host to call back. And mister Holiday,
- 39:25Speaker 2: he's he's new. I just met him, probably a month ago.
- 39:35Speaker 2: He's in Texas. I think he got sixty years for
- 39:42Speaker 2: receiving stolen goods. Yep, sixty years for receiving stolen goods.
- 39:51Speaker 2: So when he come. When they called back, we're gonna
- 39:54Speaker 2: talk to Mster Holiday. But let me finish promoting the
- 40:03Speaker 2: Queen Angela. Can you put up your flyers for the
- 40:08Speaker 2: book and also for the prayer breakfast and the book tour.
- 40:15Speaker 2: That's okay, she doesn't have it. So if you guys
- 40:21Speaker 2: not following the crew or let's talk about it, go
- 40:25Speaker 2: over there and follow us and you will see the
- 40:28Speaker 2: information over there. Also, you guys, Oh, she's having a
- 40:36Speaker 2: town hall meeting on her other network, and I'm gonna
- 40:41Speaker 2: give you guys the information on that. You have to
- 40:44Speaker 2: call in if you want to get in on the conversation.
- 40:48Speaker 2: The last one she had, Oh my god, Patrice and
- 40:58Speaker 2: our new hosts did an excellent job. And I mean,
- 41:04Speaker 2: you guys, you're gonna have to call in I'm gonna
- 41:07Speaker 2: put them the information up in the in the group to.
- 41:14Speaker 3: Learn how to thank you for using securists.
- 41:17Speaker 5: You may start the conversation.
- 41:18Speaker 2: Now, Cornell. Okay, I was just letting everybody know about
- 41:25Speaker 2: the town hall meeting that Angela is getting ready to have.
- 41:30Speaker 2: She's going to go from. I think I got a
- 41:32Speaker 2: flyer so I can read it. Yes, every fourth Wednesday night,
- 41:42Speaker 2: nine pm Eastern Standard time, which would be six thirty
- 41:46Speaker 2: pm Pacific Standard time, and it's called Current State of America.
- 41:57Speaker 2: You guys have to get in on this conversation with her.
- 42:01Speaker 2: You can call in to call her. Call in number
- 42:05Speaker 2: is six oh five five six two zero four four
- 42:12Speaker 2: four or seven one seven seven three four six nine
- 42:19Speaker 2: zero four and you want to push your access code
- 42:25Speaker 2: five four six one one five zero pound. That'll be
- 42:31Speaker 2: your access code, and then you will press one with
- 42:36Speaker 2: the pound and if you want to call, if you
- 42:39Speaker 2: want your voice to be heard, push start too so
- 42:43Speaker 2: they can see your hand raised. And just hold on
- 42:47Speaker 2: and keep have your questions ready. You don't want to
- 42:51Speaker 2: miss that. It starts in April and it's gonna go
- 42:54Speaker 2: all the way through September. And her title again is
- 43:00Speaker 2: the Current State of America. You guys don't want to
- 43:04Speaker 2: miss it.
- 43:05Speaker 3: Join in.
- 43:06Speaker 2: I will be posting it on my Facebook Instagram, so
- 43:10Speaker 2: to keep you guys up to date. Okay, co host,
- 43:14Speaker 2: where's uh? He don't he don't he don't backed out
- 43:19Speaker 2: on us.
- 43:21Speaker 3: You know, ma'am. He was calling in set an answer machine.
- 43:24Speaker 3: So I'm going to give him this phone right here.
- 43:26Speaker 3: I'm going to give you this number right.
- 43:33Speaker 2: Hello, Hey, mister Holiday, are you doing this all right?
- 43:41Speaker 2: You said where you calling the right number?
- 43:45Speaker 3: Yeah, I'll call it right now.
- 43:47Speaker 2: Well you see, Okay, go ahead, tell us a little
- 43:53Speaker 2: about you.
- 43:55Speaker 3: Okay. First of all, I'll never tell you what Joe Holiday.
- 43:58Speaker 3: I'm wanting to corss rated at the time. You know,
- 44:00Speaker 3: take it the media into state jail unit.
- 44:06Speaker 2: Okay, that's it. That's all you want to you want
- 44:15Speaker 2: to tell us.
- 44:17Speaker 3: Okay. Now I want to talk about my case, about
- 44:20Speaker 3: this Brooke apputation I was seeing at two thousand and thirteen.
- 44:27Speaker 3: I've been falsely convicted I think, I mean falsely I
- 44:36Speaker 3: think Foster convicted of a broken apputation charge. So what
- 44:40Speaker 3: I did. I went to Jewish tribe and I ended
- 44:44Speaker 3: up getting found gifted and I got sixty year, of
- 44:47Speaker 3: which I felt like it was the higher punish me phase.
- 44:50Speaker 3: I mean a high choice because State of Texas well
- 44:53Speaker 3: did pool the broken broken apputation chore, but they pooled
- 44:57Speaker 3: the electric cooler offense. Was me going to lawn shot
- 45:00Speaker 3: for the store of Brooks and Dyce. But the reason
- 45:05Speaker 3: why they gave me that high choice because I've been
- 45:07Speaker 3: sitting to the point of times I been down, So
- 45:09Speaker 3: they used my priors against me. But during the sense
- 45:12Speaker 3: of during the gist and the instant phase of my trial,
- 45:15Speaker 3: they had the witness come up with Jewish stand and
- 45:17Speaker 3: this is the my name of Kama Gumber. This is
- 45:20Speaker 3: the same witness that said that he picked me. The
- 45:22Speaker 3: foes spread the thing that the Berkeley Susta had had it,
- 45:27Speaker 3: but when the day of Brooklyn had happened and stuff
- 45:28Speaker 3: had got puned. So what's to say they're trying to
- 45:31Speaker 3: say that I punted? So who's to say anybody could
- 45:34Speaker 3: have gone that? They couldn't never proved that. I asked
- 45:36Speaker 3: when they signed the house and did no, di's a berkey?
- 45:39Speaker 3: What the same dude, the Godma Grumman that got on
- 45:41Speaker 3: the witness saying that trial, he was the same dude,
- 45:45Speaker 3: they picking a froze spread so during the crossing hisamy
- 45:47Speaker 3: a lot of crosses his arm and asked him saw
- 45:49Speaker 3: the question and she asked them again. She had to
- 45:52Speaker 3: be questions of trife, but that you showed the client
- 45:55Speaker 3: today that you've seen further than my out. Was that
- 45:57Speaker 3: my client that you've seen the day that this burke
- 46:00Speaker 3: had happened. He said he couldn't remember. He wasn't vote,
- 46:04Speaker 3: So she told him to ask you one more time.
- 46:07Speaker 3: Was this the client that you've seen today of the
- 46:09Speaker 3: Berkelen advtation? He said, I don't think it was him.
- 46:11Speaker 3: I can't remember because it's been a long time. At
- 46:14Speaker 3: that point right there mission that I feel like I
- 46:16Speaker 3: should have found I should have I should have had
- 46:18Speaker 3: a licht file or I should have got found not
- 46:20Speaker 3: guilty of the Berkelen apputation toil. They should have found
- 46:24Speaker 3: the gills of the lex cooler office which was stolen
- 46:27Speaker 3: the Mercy Dyke because I answered, come on some of
- 46:29Speaker 3: my name that I bought off the street that was stolen.
- 46:33Speaker 2: Okay, I have a question for you real quick. What
- 46:36Speaker 2: is the sentence seem for someone in Texas that received
- 46:42Speaker 2: stolen goods?
- 46:45Speaker 3: This depends on how much of Mercy Dyke couts. And
- 46:48Speaker 3: at that time it must have been a clent at
- 46:49Speaker 3: the jail when she claimed the emotions for the listeners
- 46:52Speaker 3: to be for the for for that toy, it was
- 46:55Speaker 3: gonna be a class the miss the meaner, which is
- 46:58Speaker 3: which is which is? Which is count of jail time?
- 47:01Speaker 2: So you would would you say, probably like a couple
- 47:04Speaker 2: of months, like six months and so, but they gave
- 47:12Speaker 2: you sixty years.
- 47:14Speaker 3: For year for brook habitation, and that's because.
- 47:21Speaker 2: They enhanced it by using priors.
- 47:27Speaker 3: Yes, ma'am. And the prize that they had used against
- 47:29Speaker 3: me was twenty some years old, so my law. You
- 47:33Speaker 3: never challenged it.
- 47:36Speaker 2: And you know, I had looked up if they can
- 47:42Speaker 2: go back. They can only go back ten years. I
- 47:46Speaker 2: believe that's what they said. And in State of Texas
- 47:48Speaker 2: they said they can only go back ten years. And
- 47:51Speaker 2: you're you said that the last time that you was
- 47:55Speaker 2: ever came in contact with the law was twenty years,
- 48:00Speaker 2: so they years ago. They really went back in from
- 48:06Speaker 2: six months and they gave you sixty years.
- 48:12Speaker 3: Yeah, because I want to trial now, so doing that
- 48:16Speaker 3: court so doing so during that course of the time,
- 48:21Speaker 3: I ended up going back to course of the day. Stay.
- 48:24Speaker 3: So now I'm waiting on this, I'm waiting on the
- 48:26Speaker 3: chive to come back with a verdict. So during that time,
- 48:30Speaker 3: of course, I think my young and daddy was talking
- 48:32Speaker 3: about the MP love, which was a lower parties something
- 48:35Speaker 3: that should never be brown up because if you bring
- 48:38Speaker 3: up to my port, that mean it was somebody else.
- 48:40Speaker 3: That's ball. And I'm the only one that got computed
- 48:42Speaker 3: of the crown. I'm the only one they kind of
- 48:46Speaker 3: convicted of this ground. So how how how you gonna
- 48:50Speaker 3: bring up the little kids lovel That's what I was
- 48:52Speaker 3: trying to figure out. And then at at the at
- 48:56Speaker 3: the h the Jewish pun all by in Juli, Hm,
- 49:00Speaker 3: I don't want no coul on my feels at all.
- 49:02Speaker 2: So you didn't have no, no, no peers, no one
- 49:08Speaker 2: of these kids at.
- 49:08Speaker 3: All at all. I had I had, I had, I had,
- 49:14Speaker 3: I had, I had five black lady was always the fool.
- 49:18Speaker 3: One of them got on and stood up to say
- 49:20Speaker 3: that you came to a holiday because they have something.
- 49:23Speaker 3: Anybody came to this last namebody, last name a holiday.
- 49:26Speaker 3: The one man that got up, she said, I am
- 49:28Speaker 3: I'm kid for the holidays. So they struck her. After that,
- 49:33Speaker 3: they spruck everybody any They were black on Jules, so
- 49:35Speaker 3: they ain't give me anything. Else was everything it was
- 49:38Speaker 3: without my pills. So do you do you.
- 49:43Speaker 2: Do you think that it was biased in your case,
- 49:47Speaker 2: like if it was someone that of another ethnic group,
- 49:50Speaker 2: that they wouldn't have got sixty years for receiving stolen
- 49:56Speaker 2: stolen merchandise.
- 49:59Speaker 3: Yes, ma'am, that's not because I think they oversentised me.
- 50:04Speaker 2: Yeah, yeah, that that is all six and six months.
- 50:08Speaker 2: How you get sixty years from six.
- 50:10Speaker 3: Months because the brother habitation don't actually carb on curiod.
- 50:16Speaker 3: No sixty years, no way, it was two or ten.
- 50:18Speaker 3: But they used I end up going trying to fight.
- 50:20Speaker 3: They used my hanstrance and they convicted me on my
- 50:23Speaker 3: prize because they wasn't no baby. They were leading me
- 50:27Speaker 3: until the brother of inhabitation. They feel I me because
- 50:29Speaker 3: I wasn't ping something. They came at the house. So
- 50:34Speaker 3: actually I should have been found not guilty of the
- 50:37Speaker 3: brother in invitation for the guilty of the left. Included
- 50:40Speaker 3: offense was stolen merchandise.
- 50:44Speaker 2: So you know, also I want to say this, I
- 50:49Speaker 2: didn't I thought that they couldn't use lineups anymore.
- 50:58Speaker 3: You know that I wouldn't that well that I wouldn't
- 51:01Speaker 3: know because I feel like when the dude picked me
- 51:04Speaker 3: to fullest spirit, I was out riddy, like up of
- 51:06Speaker 3: course on another tour, and I feel like they should
- 51:09Speaker 3: have did a lived line up while I was in
- 51:11Speaker 3: the County Uil because we were saved. You that the
- 51:13Speaker 3: out or the detective temple with the fuller Spridge I
- 51:16Speaker 3: wouldn't have, or my lawyer in prison, so they could
- 51:20Speaker 3: have been going around and showing my pistols over Brooklyns.
- 51:24Speaker 3: You know what I'm saying. I don't know if the
- 51:25Speaker 3: coaches I wouldn't picked me the fullest spriad or not
- 51:29Speaker 3: my law you feel to challenge that do a trial?
- 51:33Speaker 2: And you know that's a lot of people that I
- 51:37Speaker 2: talked that I talked to said that they didn't have
- 51:41Speaker 2: their representation with their lawyers. Wasn't wasn't anything that they
- 51:49Speaker 2: they really didn't fight for them. Did you have a
- 51:52Speaker 2: paid lawyer or did you have a public defender?
- 51:56Speaker 3: I paid lawyer.
- 52:00Speaker 2: And he didn't raise that.
- 52:03Speaker 3: A man, Yeah, she didn't raise that.
- 52:10Speaker 2: Wow, So what what what is? What do you what's
- 52:15Speaker 2: what do you doing now to fight your case?
- 52:22Speaker 3: Okay, I'm gonna write something else up that I would
- 52:25Speaker 3: leave out to the ap pill. And then on the
- 52:27Speaker 3: in from phase trial, it was an officer gotta under
- 52:32Speaker 3: stand and started talking about the steaming off which that
- 52:37Speaker 3: influence in the jury mine. You know what I'm saying,
- 52:39Speaker 3: that's making them think that everything else that I that
- 52:42Speaker 3: that that the state was trying to pool that that
- 52:44Speaker 3: that that like I done it. But at the same
- 52:47Speaker 3: time this also that got a weirder stand she made
- 52:50Speaker 3: out of course statement from another person that's saying that
- 52:53Speaker 3: I supposed to had she supposed to have seen me
- 52:56Speaker 3: at a Berkeley. But it's the same lady that saying
- 52:59Speaker 3: herself she was enough they trial to get closed his
- 53:01Speaker 3: in So I feel like they u they VI they
- 53:04Speaker 3: my cons right because I got a right to cross
- 53:06Speaker 3: in them all of my Philip de Fie. She was
- 53:09Speaker 3: never on the witness then, And that's saying the case
- 53:11Speaker 3: that they that they brought up in the in the
- 53:14Speaker 3: sentenceen phase, they dismissed the Charles, So why don't you
- 53:18Speaker 3: allowed to bring something up in front Jill and the
- 53:20Speaker 3: citizen phase And he took back around and dismissed the
- 53:23Speaker 3: Chys and then the ladies that saying that he's seen me,
- 53:26Speaker 3: y'all will be done out of course statement that's allow, y'all,
- 53:29Speaker 3: can't I seem not here to get closings in it,
- 53:31Speaker 3: So she wasn't seeming up report. So I feel like
- 53:34Speaker 3: there was a vile labor across Houston rights see him
- 53:36Speaker 3: right there, and they end up they gilted the jiven
- 53:39Speaker 3: the d A as five end of the citizen, and
- 53:42Speaker 3: they gave me sixty years but broke the advocation.
- 53:47Speaker 5: M M.
- 53:47Speaker 3: I got found guilted, and I feel like that at
- 53:51Speaker 3: that time my lage should have asked for a new trial,
- 53:53Speaker 3: and she feels to do that. So I feel like
- 53:55Speaker 3: she would in affect them, not only in the guilt
- 53:57Speaker 3: and INFI play the trial. But the funds went Fay, Well,
- 54:02Speaker 3: you know, I don't.
- 54:05Speaker 2: I don't mean to cut you off, but we we
- 54:08Speaker 2: have eight minutes to go, and I'm gonna have to
- 54:12Speaker 2: have you come back so we can finish this conversation
- 54:16Speaker 2: and call me tomorrow at one o'clock. Yes, ma'am, okay,
- 54:24Speaker 2: and yeah, so we got eight minutes and I want
- 54:29Speaker 2: Cornell to jump in right quick before we have to
- 54:33Speaker 2: end our show. But we're gonna have to have you
- 54:36Speaker 2: back so we can finish our conversation.
- 54:40Speaker 3: Okay, all right, thank you, thank you, yes, ma'am.
- 54:50Speaker 2: Okay, Okay, Cornell, we got seven minutes, so I wanted
- 54:55Speaker 2: you to I don't know if you heard mister Holliday
- 54:59Speaker 2: what he said are if you know his case, I
- 55:01Speaker 2: want you to go ahead and respond to it.
- 55:07Speaker 3: Okay. Now, he was charged with a burglar of a habitation, Okay,
- 55:12Speaker 3: but he only got caught with coining some stolen goods.
- 55:16Speaker 3: So the state indicted him by using an enhancement in
- 55:20Speaker 3: order to elevate his case to a high degree offense,
- 55:24Speaker 3: which means that instead of giving him unless to included
- 55:26Speaker 3: the offense punishment, they gave him first degree sixty years
- 55:30Speaker 3: for the offensive burglar of a habitation as opposed to
- 55:35Speaker 3: possession of a stolen goods by them. So with that,
- 55:38Speaker 3: man says man, now here it is the sentence too,
- 55:41Speaker 3: is disproportioned to the offense charged of the offense that
- 55:45Speaker 3: should have been charged. So now he was given an
- 55:49Speaker 3: effective assistance of counsel. Wow, because the fact that his
- 55:52Speaker 3: attorney failed to challenge the jury charge and showed that
- 55:59Speaker 3: there was answerficient not to time him guilty for the
- 56:02Speaker 3: offensive a blob of a habitation. So that's where he's
- 56:05Speaker 3: at right now with his heads. He's trying to find
- 56:07Speaker 3: out how did he get so much time for an
- 56:10Speaker 3: offense that they didn't prove beyond the reason looking.
- 56:12Speaker 2: Out Well, we all know that that's just that's just crazy.
- 56:20Speaker 2: And when I did my research, they only supposed to
- 56:24Speaker 2: go back ten years for the to been able to
- 56:28Speaker 2: use the enhancements, and mister Holliday said that his was
- 56:33Speaker 2: twenty years. I heard a lot of that is going
- 56:38Speaker 2: on as well.
- 56:40Speaker 3: You know.
- 56:40Speaker 2: I talked to mister Kemp out of Denver, and as
- 56:46Speaker 2: we know, he was only what they charged him for
- 56:52Speaker 2: only carried six years prison sentence. But the judge called,
- 57:00Speaker 2: I guess he threw out the jury verdict and he
- 57:04Speaker 2: sentenced him even though he had a jury trial, and
- 57:09Speaker 2: mister Kemp was sentenced to life without the possibility of
- 57:14Speaker 2: no life with the possibility of parole, plus one hundred
- 57:19Speaker 2: and ninety three years on top of that life sentence
- 57:24Speaker 2: for a crime that only carries six years. So we
- 57:30Speaker 2: see a lot of that happening. And yes, there's a
- 57:36Speaker 2: lot of bias in the criminal justice system towards our
- 57:41Speaker 2: African American men and our brown brothers. But how can
- 57:49Speaker 2: we change this? What can we do? That's what can
- 57:53Speaker 2: we do to change it? How can this be reformed?
- 57:58Speaker 2: How can they write? Is what they How can they?
- 58:04Speaker 2: How can it be be did? How can it be reformed?
- 58:09Speaker 2: Can you tell me that in like four minutes? All right? Well,
- 58:12Speaker 2: two minutes, because then we got to.
- 58:14Speaker 3: Go yes, okay. In a lot of cases like the
- 58:19Speaker 3: Texas law parties, enhancement allegations, the jury process, the black
- 58:24Speaker 3: men convicted by all white jewelryes, and issues with traditional
- 58:28Speaker 3: and parsonality of you know, being over sentenced and over
- 58:32Speaker 3: the incurs rated. These issues are already on the press,
- 58:35Speaker 3: on the habits, I mean, on the on the constitutional ballots.
- 58:39Speaker 3: Is just the fact that these court officially delegate discaternity,
- 58:42Speaker 3: these lawyers are not actually complying with the rule of law.
- 58:47Speaker 3: So now it's just like this has to be challenged
- 58:50Speaker 3: through advocacy. In order to bring these issues back to
- 58:54Speaker 3: the floor of the textis law makers to have them
- 58:57Speaker 3: to impact laws that make sure that these judicial court judges,
- 59:01Speaker 3: these lawyers and district attorneys enforce the law, the rule
- 59:05Speaker 3: of law. Because it's dispropportionate. Not only the dispropportion, it's
- 59:10Speaker 3: jud and partiality because too many people are being wrongfully
- 59:15Speaker 3: and overly convicted by judicial and partiality of jerimbers, of judges,
- 59:21Speaker 3: of district attorneys, of attorneys being paid you know what
- 59:24Speaker 3: I'm saying, to help the court get convictions as opposed
- 59:27Speaker 3: to representing them and their best interests. Man. So, yes, man,
- 59:31Speaker 3: what we have to challenge our constitutionality by following petition
- 59:35Speaker 3: to the Supreme Court to have the Supreme Court to
- 59:38Speaker 3: come down and acknowledge the fact that a lot of
- 59:41Speaker 3: constitutions right to be violated by the law courts. And
- 59:45Speaker 3: that's what we have to do. We have to advocate
- 59:48Speaker 3: for what we call nothing but the truth. We have
- 59:52Speaker 3: to advocate for nothing but justice, but then our criminal
- 59:56Speaker 3: justice system.
- 59:56Speaker 5: Man, That's what we have to do.
- 1:00:01Speaker 3: And actually all of those who have been wrongly and
- 1:00:03Speaker 3: overly convicted to be given the clowns right. So, and
- 1:00:08Speaker 3: that's what we have to do.
- 1:00:09Speaker 5: Now.
- 1:00:10Speaker 2: On that note, we got two minutes left. You know what, Cornell,
- 1:00:19Speaker 2: go ahead and close us out, because I know I'm
- 1:00:23Speaker 2: gonna use my voice to speak up against injustice. And
- 1:00:28Speaker 2: i'ma also drink my water. And I'm also stay in
- 1:00:34Speaker 2: my lane. And but most of all, I'm gonna I'm
- 1:00:41Speaker 2: gonna use my voice. This is wrong what theyre doing.
- 1:00:47Speaker 2: Go ahead, Cornell, go ahead.
- 1:00:49Speaker 3: And this okay. Well, first of all, I want to
- 1:00:51Speaker 3: thank mister Andel Thomas Smiths The Cool Podcast for allowing
- 1:00:54Speaker 3: us this opportunity to have our bosses heard tonight the
- 1:00:57Speaker 3: show with nothing but condition and Puss reality which leads
- 1:01:01Speaker 3: to walk with conviction and over sentencing of individual African
- 1:01:06Speaker 3: Americans and our brown brothers within our from the justice system. So,
- 1:01:09Speaker 3: for those of you who are listening to this podcast tonight,
- 1:01:12Speaker 3: we asked for you to stand up and have your
- 1:01:14Speaker 3: voices heard to applcate for real justice. Not just the
- 1:01:19Speaker 3: people who are just raising voices just to be raising
- 1:01:21Speaker 3: the voice for your nations and stuff like this. We're
- 1:01:23Speaker 3: asking for real voices to come out and stand up
- 1:01:26Speaker 3: and to address our lawmakers and have them to address
- 1:01:30Speaker 3: these court officials, these jealities, these lawyers, and have them
- 1:01:33Speaker 3: to come and do the rule of law the way
- 1:01:36Speaker 3: the rule of law was written by our court parts.
- 1:01:39Speaker 3: So we thank you very much for coming on to
- 1:01:41Speaker 3: listen to our show tonight and we ask that you
- 1:01:43Speaker 3: come back and join us again soon as we come
- 1:01:46Speaker 3: back for April to thirty, and we thank you very
- 1:01:50Speaker 3: much for joining us. So thank y'all very much, ma'am,
- 1:01:53Speaker 3: and thank you very much co hosts for allowing us
- 1:01:55Speaker 3: to opportunity to have our voices heard, ma'am.
- 1:01:58Speaker 2: Let's talk about it. Thank thank God, Thank you guys
- 1:02:01Speaker 2: as well. And until then, you guys, stay safe and
- 1:02:06Speaker 2: stay blessed. Love you,