I was wrongfully convicted in a crime I did not commit . Posted are some excerpts from my trial. The brief is included, l could not post the appendix in its entirety but the brief is supported by the appendix and if you are interested in the brief I will send you a copy of the appendix, but you can read the brief in its entirety posted here on this site too...
Affidavit and testimony of witnesses
for clearer view, read transcribed texts below pictures.)
transcribed text of affidavit of Derrick Howard
Racine county 96CF938 Affidavit of December 24, 2007 In the morning of August 19, 1996 me and Head pulled up to 12th and Grand some guys begin to shoot in our direction after being fired upon first I seened Head fire back with a gun in his left hand from the drivers side window I got out of the car and begin to run in the opposite direction a guy began to shoot at me and that’s when I begin to return fire. After seeing Mr Johnson lawyer in Racine County Jail I tried to talk to him about Head was the one with me whose friend of my brother Head was going to say he was at the movies on the day and morning of August 19, 1996 as his alibi. I and my brother was ready to provide this information to Mr Johnson lawyer.
Respectfully submitted Affiant,
(signature Derrick Howard)
Derrick Howard #261702
Waupun Corr Inst
Post Office Box 351
Waupun, Wi 53963-0351
Subscribed and sworn to me on the 15th day of January, 2008
Notary public signature
Transcribed Court testimony of Thomas Avery (from document Picture on right above)
THOMAS AVERY APPRISED THE POLICE THAT THE APPELLANT WAS THE DRIVER OF THE CAR (A:142, 143, 144, 145-146), BUT TESTIFIED AT THE APPELLANT'S TRIAL TO THE CONTRARY: .
Q:... DO YOU REMEMBER GIVING THAT TESTIMONY AT A HEARING A FEW MONTHS AFTER THE SHOOTING?
A: YES I DO.
Q: WAS THAT THE TRUTH?
A: BUT SOMEBODY. I DIDN'T SEE HIS FACE, BUT PEOPLE THAT WAS AT THE SCENE, THEY WAS LIKE IT WAS HIM SO LIKE. . .
Q:. AT THE TIME YOU TOLD HIM THAT THE PERSON WHO WAS DRIVING THE CAR WAS NAMED REMO. WHY DID YOU SAY THAT?
A: BECAUSE PEOPLE THAT WAS AT THE SCENE THAT WAS ON THE OTHER SIDE OF THE STREET, THEY WAS SAYING IT WAS HIM.
Q: OKAY.
A: WILLIAMS AND ALL THEM. SO THAT'S WHAT I SAID.
Q: OKAY. BUT YOU NEVER SAW HIM?
A : NO ! " ( EMPHASIS ADDED )
[ A:15a: 11-10: 159:12-21 ) UPON CROSS EXAMINATION THOMAS AVERY PERJURED HIMSELF UNDER OATH DENYING THAT HE TOLD POLICE WHO THE SHOOTER WAS.
(A: 161: 16-10) THE ONLY REASON THAT THOMAS AVERY POINTED THE FINGER AT THE APPELLANT WAS BECAUSE HE HAD A PROBLEM WITH THE APPELLANT ON 8/17/96 (A-.189: 1-5) THAT DERRICK HOWARD AND THE APPELLANT HAD ROBBED HIM (j\:192: 15-18) , AND THERE WAS NO EVIDENCE OF A POLICE REPORT OF ANY ROBBERY NOR CORROBORATION OF THE ROBBERY.
Presentence Investigation
( again, click on document pictures below to view full size documents AND/OR read transcribed texts below pictures.)
TRANSCRIBED
Pre-Sentence Investigation
Johnson, Lorenzo
PRESENT OFFENSE
DESCRIPTION OF OFFENSE: Please refer to the attached Criminal Complaint.
OFFENDER'S VERSION: The above named defendant was interviewed by this agent in the Racine County Jail. In an interview with the defendant Lorenzo Johnson, he stated that he could not talk, explain or comment on this case due to the fact he is appealing the decision and the fact that his lawyer informed him not to make any comment.
This agent then asked Lorenzo Johnson how he felt about the charge and being found guilty. Mr. Johnson stated he was innocent. “People can read what they want to read in papers but that is how society is", he replied. Mr. Johnson also stated he did not understand why there needed to be a Pre-Sentence Investigation when everyone knew what happened. Mr. Johnson went on to state he could not speculate anymore due to the appeal process. The defendant did state that he was upset about being charged with this crime. When asked if he knew the victim, Mr. Johnson stated he did not. When asked how he felt about the victim's family, he replied he was sorry for their loss.
Johnson, Lorenzo
PRESENT OFFENSE
DESCRIPTION OF OFFENSE: Please refer to the attached Criminal Complaint.
OFFENDER'S VERSION: The above named defendant was interviewed by this agent in the Racine County Jail. In an interview with the defendant Lorenzo Johnson, he stated that he could not talk, explain or comment on this case due to the fact he is appealing the decision and the fact that his lawyer informed him not to make any comment.
This agent then asked Lorenzo Johnson how he felt about the charge and being found guilty. Mr. Johnson stated he was innocent. “People can read what they want to read in papers but that is how society is", he replied. Mr. Johnson also stated he did not understand why there needed to be a Pre-Sentence Investigation when everyone knew what happened. Mr. Johnson went on to state he could not speculate anymore due to the appeal process. The defendant did state that he was upset about being charged with this crime. When asked if he knew the victim, Mr. Johnson stated he did not. When asked how he felt about the victim's family, he replied he was sorry for their loss.
PERSONAL HISTORY
EDUCATION/EMPLOYMENT/FINANCIAL: Mr. Johnson reported he is not a high school graduate. He reported that he was attending the 10th grade here at Park High School, but dropped out doe to emotional and mental difficulties. He stated he only remembers being in the 7th grade and that he had good attendance. Mr. Johnson stated he had no problems up to the 7th grade.
Mr. Johnson stated he never worked at any type of employment to this day. When asked how he obtained money to buy things, he reported, "I hustled. I did anything to make a buck."
IMPRESSIONS AND RECOMMENDATIONS
AGENT'S IMPRESSIONS: Mr. Johnson is a 20 year old male with some criminal history, before the court convicted of Party to a Crime, 1st Degree Intentional Homicide While Armed. He reported he has never worked before or obtained a high school diploma. He appears to have some difficulty in talking about his life history and this case. There also appears to be some inconsistencies with him reporting information to this agent and his writing the information down on forms. He was very agitated in the beginning of this interview. It appears to this agent that Mr. Johnson does not appear to understand the severity of this crime. He did mention he felt sorry for the family's loss. Mr. Johnson did state he has been in jail for a long time and it appears to this agent he fears the worst.
INTENSIVE SANCTIONS: The Intensive Sanctions Program is not currently accepting referrals.
AGENT'S RECOMMENDATIONS: To this agent, Mr. Johnson appears to be a troubled young man trying to cope with this crime. He continues to state he is innocent and was aware of the evidence against him. He does have some involvement with the legal system based on his criminal record. Although Mr. Johnson states he is innocent and not certain of the events or cannot comment on them, he was still found guilty by a jury of these crimes.
It is, therefore, respectfully recommended that the defendant, Lorenzo Johnson be sentenced to the Wisconsin State Penal System for a lengthy period of time.
Court transcription (from document picture on right above)
24 Defendant: Yeah, I want to say something I
25 want to say something to the victim family, you know.
1 I'm sorry your son is gone, but I didn't have nothing to
2 do with shooting your son. You should ask the people
3 that were with him. You point the finger at me, you say
4 I do not have remorse. You never had a conversation, so
5 how do you know. Only thing you know is what he say
6 about me. Therefore she can't get to me. I want to say
7 something to her. And your Honor, you going to go –
8 THE COURT: I'm sorry, could you speak up?
9 DEFENDANT: You are going to do what you're
10 going to do anyway, you know. I've been down here for
11 two years incarcerated. I know how you all work. I
12 know everybody down here work with each other. The only
13 way I could of justice is I had a paid lawyer, you know.
14 I mean, he only do what he can do, you know, and he do
15 whatever to make you all happy, you know. That's what I
16 see, and that's the way it is around here. Things are
17 fucked up around here. That's all I got to say, sir.
4 THE COURT: We have the testimony about the
5 robbery, robbery that you committed several days before
6 this offense. You're a young man who is, very short, an
7 incredibly dangerous individual, and if I put you on the8 street --
24 Defendant: Yeah, I want to say something I
25 want to say something to the victim family, you know.
1 I'm sorry your son is gone, but I didn't have nothing to
2 do with shooting your son. You should ask the people
3 that were with him. You point the finger at me, you say
4 I do not have remorse. You never had a conversation, so
5 how do you know. Only thing you know is what he say
6 about me. Therefore she can't get to me. I want to say
7 something to her. And your Honor, you going to go –
8 THE COURT: I'm sorry, could you speak up?
9 DEFENDANT: You are going to do what you're
10 going to do anyway, you know. I've been down here for
11 two years incarcerated. I know how you all work. I
12 know everybody down here work with each other. The only
13 way I could of justice is I had a paid lawyer, you know.
14 I mean, he only do what he can do, you know, and he do
15 whatever to make you all happy, you know. That's what I
16 see, and that's the way it is around here. Things are
17 fucked up around here. That's all I got to say, sir.
4 THE COURT: We have the testimony about the
5 robbery, robbery that you committed several days before
6 this offense. You're a young man who is, very short, an
7 incredibly dangerous individual, and if I put you on the8 street --
9 DEFENDANT: Dangerous, huh?
10 THE COURT: If I put you on the street today,
11 you'd be out in the community being absolutely as
12 dangerous as you were the day you came in and putting
13 peoples lives in jeopardy, and that's just not
14 acceptable in society.
15 Your degree of culpability is absolutely
16 total. You show a total lack of remorse and uncaring
17 for the fact that this young person's life was snuffed
18 out.
