I need help. The trial court in a small town/county in TEXAS, convicted someone in a jury trial, and the defendant received 99 years! The trial court and it’s officials knew that they would not get a conviction unless they manipulated the judicial system.
There were 3 judges involved, all three were involved in the pre trial decisions, and one of them served as the trial judge. They all committed fraud on the court, along with the State Prosecutors, there were three of them also. The Paid Defense attorney committed fraud on the court and the Court Appointed Defense Attorney of the co defendant also committed fraud on the court. District Clerk also part of the fraud.
Also the trial court lost jurisdiction over the person and the case and proceeded to try the defendant with the co defendant although a Motion for Severance was filed.
There was never an order or hearing on the Motion for Severance, and the defendant was not notified nor was he present at any pre trial hearings. The co defendant was present at all pre trial hearings and was notified of each.
The defendant was brought to trial and tried with the co defendant although he was not present at any Announcement "Ready or NOT Ready for trial. We have filed appeal (lost) State Habeas (lost) Federal Habeas (lost). We are now filed in the trial court under Motion to Vacate Void Judgment. It has been 2 months and no answer has been come from the trial Judge and we were told that the Chief Judge told the Clerk of the Court to “put it in the file”.
What can I do next, we are filing Pro Se. Out of money after appeal, and habeas .
I have considered the media, but the local media is in the pocket of the officials.
I am actually looking for a “hot shot” reporter that would be willing to expose them.
Contacted local state rep. no response yet, but I am hoping for one. She is sensitive to the kinds of things supposedly, and I was told that she would probably make a phone call and at least get them to respond.
I agree with Omar Little. The OP needs to give us a lot more information. There should be public available court records and information from the news media.
Personally I find it difficult for that much ‘fraud’ to be committed. Such stuff has happened and I’m reading a book about the Dreyfus Affair in France when such a thing did happen. However such cases are rare in most civilized countries.
So 3 judges, 3 state prosecutors, 2 defense attorneys and one district clerk all “committed fraud on the court”, yet in appeals on the state and federal level, no one else noticed. Hm.
Also, I don’t understand this -
How could they try him if they had lost jurisdiction? Is that the fraud?
Yes we have absolute proof of the Fraud Upon the court by everyone that I mentioned.
I do have the Innocence Project now interested in the case, and the local Texas Rep. for that county is looking into the matter as well. While I appreciate all of that, the young man is languishing in prison for a crime he did not commit, and I am trying to help him. After posting the original post, I discovered that we could file a Writ of Mandamus which forces the trial judge to rule on the motion that we filed to Vacate the Judgment. He must vacate it by law, and I believe that because of the fraud committed by basically everyone in the court system, they are prolonging the answer. Your response is very much appreciated.
Thank you for your response, however you are wrong. I accept responsibility for perhaps not
making the circumstances clear, that would lead you to that conclusion.
Thank you, I found no guidance as to where to make the post, and that is why I chose general. It took me a moment to figure out IMHO. If I choose to ever post another legal question, I will follow your instruction. Being a new member I should have been more observant. I am sorry for posting incorrectly.
Just how interested is the Innocence Project? Are they genuinely interested or have the simply responded to your inquiries? From what I’ve read about them they specialize in cases where DNA evidence can be used, although they have helped in instances where DNA isn’t applicable. I would think that they’d be interested in any proof you have and I assume that you’ve shown it to them.
Other SD members may be along to offer some advice. There are a few legal professionals who are regular posters here.
Keep us informed but obviously don’t post a lot of details. I’m not in any way qualified to give legal advice, but I think posting too many details online might be a bad idea.
I’m just curious as to what crime will get you 99 years? How is said convicted person related to you? Why is it worth it to you to pursue an overturn of his conviction? Why do you have such a personal stake in this case?