If you want to be published on VOD, please submit your articles, etc. VODs editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. He and Darrell Ewing, as leaders of Operation Liberation, organized the event, which drew hundreds who filled the streets outside the Frank Murphy Courthouse in downtown Detroit, https://www.facebook.com/1302219946/videos/622812139537620, Its overFREE19its over! Thelonious Shawn Searcy, Dismissal of the charges is appropriate given the severe and deliberate violations of the defendants due process rights.Judge Thomas Hathaway, Dismissal is WITH PREJUDICE, meaning charges cannot be brought back, Judges cites suppression of evidence: .40 caliber bullets in victims body, not .45s; store videotape likely showing the actual killer, and the criminal record of key prosecution witness, Atty. This case was filed in Escambia County Courts, Escambia County Courthouse located in Escambia, Florida. One of those cases is that of Ricky Rimmer, who has filed motions for a new trial and evidentiary hearings after 47 years in prison, citing violations ofBrady v. Marylanddue to the prosecutions failure to disclose the extensive criminal histories of the chief Detroit police officers in his case. Because of the policy and/or custom of the WCPO obtaining false statements and false testimony for use against criminal defendants, the lawsuit alleges that the APs were likely aware that these witnesses were indeed giving false statements and testimony. You have permission to edit this article. Not only was he vindicated, but the illustrious Judge Thomas Hathaway issued an opinion that slammed the Wayne County Prosecutors Office for the injustice and grave misconduct that took place in his caseknowingly entombing evidence of innocence from the gate. Would you like to search our entire website for ". Misdemeanor Diversion Program | Wayne County Prosecutor Misdemeanor Diversion Program The Wayne County Prosecutor's Office offers pre-charge diversion to eligible candidates who otherwise would be charged with misdemeanor offenses. Police are investigating whether Rutledge was killed because he knew too much or was connected to a March 12 slaying in Detroit, the Free Press reported. He said the prosecution had argued in their motion opposing the dismissal of charges that the defense could have discerned that the bullets involved were .40 calibers from the Medical Examiners report and claimed the defense had not exercised due diligence.. Still shot from NBCs interview with Kym Worthy Aug. 8, 2021. A day after defense attorneys rested their case in Alex Murdaugh's weekslong double murder trial, prosecutors on Tuesday intend to call a handful of rebuttal witnesses before the jury visits Murdaugh's sprawling South Carolina estate where his wife and son were shot to death in 2021.. 4) Irma Clark-Coleman (Dist. The lawsuit also describes complicit behavior by other APs not cited as defendants. Many believe that prosecutors have absolute immunity, but the U.S. Supreme Court have substantially restricted that privilege through the years, most recently in Thompson v. Clark 596 U.S. (2022). Michael Dezsi (l) with Thelonious Searcy (r) as they left court Oct. 3, 2022. Required fields are marked *. Subscribe to receive breaking news, daily headlines, latest forecast, local sports and more with ABC12 News email alerts. MARCH 19, 9 AM; JUDGE KENNY | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, VINCENT SMOTHERS TAKES STAND TO EXONERATE THELONIOUS SEARCY IN 2004 DETROIT MURDER | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, SMOTHERS CO-DEFENDANT MARZELL BLACK BACKS CONFESSION TO SEGARS MURDER, AT SEARCY HEARING | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, TESTIMONY AT 2 MARCH HEARINGS SHOWED SEARCY LIKELY INNOCENT; NEXT HEARING DELAYED TO MAY 9 | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, FAVORABLE SIGNIFICANT EVIDENCE SURFACES AT SEARCY HEARING ON INNOCENCE CLAIM | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, TRIAL EVIDENCE VS. THELONIOUS SEARCY IN 2004 CITY AIRPORT MURDER DISCREDITED AT MAY 15 HEARING | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, PROSECUTORS, COPS, TECHS LIED, FALSIFIED EVIDENCE VS. THELONIOUS SEARCY, ATTY. Gordon told the court that AP Thomas Beadle also supported relief for Twilley. Defendant Donaldson and/or Defendant Childs promised Allen leniency in his [capital] criminal case if he falsely testified that Smith bragged about shooting Hayes, the complaint says. Most of the cases of Wayne Countys 32 exonerees to date have involved only dismissals WITHOUT prejudice, leading some to speculate that possible reinstatements of their original charges have been held over their heads since. In 2003, Allen signed a notarized affidavit recanting all his testimony against Smith and provided it to Smith and his attorneys, which Atty. Danny Maynard took statements from witnesses who identified two other suspects, one of whom later turned out to be the actual killer of victims, Denise Sharon Cornell and J0an Gilliam. Your email address will not be published. Detroit Couple Charged in Homicide of Five-Year-Old Son andNon-Fatal Abuse of Three-Year-Old Son. Ewing has filed an interlocutory appeal of 3rd Circuit Court Judge Darnella Williams-Claybornes denial of his request to dismiss their case due to continuingBrady continuingviolations going back to his original trial in 2004. Ernest Wilson as the Officer who tried to find a key defense witness in the case, and claimed he was not able to do so. Those crimes include. Former Wayne County Employee Pleads Guilty To Stealing Over $1.7 Million In County Funds. If you want to be published on VOD, please submit your articles, etc. The names of Dale Collins and Monica Childs appear in multiple cases of wrongful convictions. He referred to the total of 19 years, including two on tether, that he spent in the custody of the Michigan Department of Corrections. Comment moderation is enabled. MICH. LIFER RICKY RIMMER CITES RACIST, VIOLENT HISTORY OF DPD COPS HAIDYS, HARRIS IN MOTION FOR NEW TRIAL | VOICE OF DETROIT: The citys independent newspaper, unbossed and unbought, **********************************************************************************. 1) Jonathan C. Kinloch (Dist. Privacy Statement, Legal Notices and Terms of Use, River Rouge and Ecorse Teens Charged in Detroit Homicide. Detroit Couple Charged in Homicide of Five-Year-Old Son andNon-Fatal Abuse of Three-Year-Old Son Keith Appling Enters Guilty Plea in Whitcomb Street Fatal Shooting. WHITMER: XMAS PLEA FOR FREEDOM, DELIVERANCE, AND LIFE FOR MICHIGAN PRISONERS, MERRY XMAS! The convictions of both men were based primarily on the testimony of so-called jail-house snitches.. The Wayne County Prosecutor has released a list of uncredible officers who have had a history of misconduct in the past. When prosecutors abandon traditional advocacy roles to participate pretrial or precharge in police investigative work in collateral law enforcement administration on a day-to-day, case-by-case basis, they may enjoy only qualified immunity for that conduct. 2) Martha G. Scott (Dist. VOD was the only media outlet to attend every session of a powerful six-month evidentiary hearing in front of Third Circuit Court Judge Timothy Kenny in 2018. Indiana Prosecuting Attorneys Council 302 W. Washington St., Rm. Former Detroit police homicide chief William Rice, now on Giglio-Brady list. It identified likely suspects in those killings, some of whom were later killed themselves. State Atty. RALLY THURSDAY MAR. Tm overjoyed for the victory my brother and the G.O.A.T. The media report the NRE referred to, an articlein the Detroit Free Press, was published June 7, 2005, three days after the murder. The motions are set for action in front of Third Judicial Circuit Judge Christopher Blount on Jan. 6. Detroitstwo major newspapers and all of its main TV outlets endorsed Kym Worthy for re-election in 202o, as did all Democratic politicians locally and state-wide. Two eye-opening federal lawsuits filed against Wayne County, its assistant prosecutors, and Detroit police officers might help answer the question raised by Channel 7 reporters above:How did these cases go so wrong?. Regarding the forensics evidence, Judge Hathaway said, At the time of the trial, the prosecutions forensic examiners were aware of the bullet caliber type removed from the victims body and that it did not match the handgun offered at trial. Searcy said he went straight from the hearing and got the tether removed, which has restricted his employment and other opportunities. Is anyone investigating how these cases went so wrong? asks Channel 7 as Dennis Atkins becomes the 31st Wayne County Exoneree since 2018, after conviction in 2005 based solely on hearsay testimony, Exonerees Ramon Ward, Larry Smith file federal lawsuits targetingWayne County, multiple Asst. Fresard, who is . Civil, Criminal & Juvenile Confidentiality & Public Access Domestic Violence Determination Admission & Discipline (including IOLTA) Original Actions Post Conviction Relief Tax Court Other Types of Forms Roll of Attorneys Forms Continuing Education Forms for Attorneys and Mediators Senior Judge Forms Form to File a Complaint Against an Attorney However, this Court declines the prosecutions suggestion to decide against precedent.. Decision comes after Supreme Court ruled Gov. Nessel asked Wayne County Prosecutor Kym Worthy to review the Flint water prosecution cases, which have included the binding over for trial on charges of involuntary manslaughter for former. He also reports on issues in the Great Lakes Bay Region. ON MICHIGAN DOC & WAYNE CO. On Nov. 8, McAlexander, now 70, was voted in as Allen County prosecutor, succeeding Karen Richards, who he served as chief deputy - second-in-command - for all 20 years she held the office. No potential jury trial date has yet been set. Worthy began her legal career in the Wayne County Prosecutor's Office in 1984, and in 1989 she became the . To date, this tape has never been produced or viewed by the defense., Judge Hathaway quoted AP Muscats testimony at the evidentiary hearing: In regard to discovery, there has been some off the record conversations about an in-store video. The Wayne County Prosecutor's office released a brief statement on the case, saying the claimant reached an amicable agreement resolving all legal and equitable disputes in this matter.. to diane_bukowski@hotmail.com. Under these grants, a group of multidisciplinary stakeholders will seek justice for victims by properly investigating and prosecuting the unprecedented volume of cases that . According to the Detroit Free Press, the office has lost almost a third of its staff . Rignall, who accepts $3,000 to settle the legal charges, goes on to recount the experience in his . Donn Fresard, the former top assistant to Wayne County Prosecutor Kym Worthy, started Monday as Lucido's chief assistant. JAIL DETAINEES SUE TOP COPS FOR DENYING SPEEDY TRIALS, OPEN COURTS, FAMILY VISITS, RECREATION, LIFER TERRY WILSON FACES NEW TRIAL IN HISTORICALLY RACIST MACOMB COUNTY; CHANGE OF VENUE NEEDED, All of Us Or None, prisoners and former prisoners, Mac Speaking: Leona McElvene YouTube site, SCG News: World News, Politics and Analysis. Jail-house snitch Ellis Frazier, Jr. was recruited to say he heard Cotton confess to the killing involved, but recanted that statement years after Cottons conviction. 19-13165 . Agacinski exposed the ring of snitches in a Feb. 8, 1995 memorandum to Richard Padzieski, WCPO Chief of Operations, a memo which later got wide media coverage. According to court records, Collins also testified on behalf of informant Joe Twilley, Jr. during a secret motion for relief from judgment re-sentencing hearing July 27, 1994 in front of Recorders Court Judge John Shamo. 2002, p. 1). Informants Joe Twilley, Jr. and Oliver Cowan were there as well. Defendant Countys policy and/or custom of the WCPO obtaining false statements and false testimony for use against criminal defendants may continue to this day., The day after this story was posted, the Detroit News published: DETROIT FACES ONSLAUGHT OF LAWSUITS FOR WRONGFUL CONVICTIONS which covers 17 exonerees wrongful conviction lawsuits vs. the City of Detroit. http://voiceofdetroit.net/wp-content/uploads/Agacinski-snitches-memo.pdf. The Third Circuit Court has jurisdiction over Civil, Criminal, and Family matters arising in the County of Wayne. JAIL DETAINEES SUE TOP COPS FOR DENYING SPEEDY TRIALS, OPEN COURTS, FAMILY VISITS, RECREATION, LIFER TERRY WILSON FACES NEW TRIAL IN HISTORICALLY RACIST MACOMB COUNTY; CHANGE OF VENUE NEEDED, All of Us Or None, prisoners and former prisoners, Mac Speaking: Leona McElvene YouTube site, SCG News: World News, Politics and Analysis. It says the Prosecutor and police continued to house Allen at the lock-up rather than the Wayne County Jail, and plied him with food, alcohol, drugs, and the ability to go out to have sex. Judge Hathaway listed these reasons for granting Searcys motion to dismiss in his order: This Court finds the following violations of defendants due process rights: (1) the prosecution was aware of Witchers criminal history on account of DPDs Hit List containing his infractions; (2) the prosecution intentionally violated defendants right under Brady by suppressing the forensic analysis of the bullet taken from the victims body which was not consistent with the gun offered at trial as belonging to defendant; (3) the prosecution suppressed the VHS tape; (4) the prosecution suppressed the criminal history and arrest record of the prosecutions key witness, DeAnthony Witcher., Judge Thomas Hathaway talks to Searcy after his ruling Oct. 2, 2022. Aaron Hernandez And The Inquisitorial System. DETROIT POLICE OFFICERS NAMED IN WARD LAWSUIT, Allegations include beatings, sexual assault by jail-house snitch Cowan, Informant Joe Twilley, Jr. testified for prosecution in at least 20 cases.. An investigation showed that, among other things, Nixon . The prisoners have served . The dismissal is WITH PREJUDICE, meaning that the charges cannot be brought back. The man from Saginaw also benefited from a change in Michigan's forfeiture law in 2019. An . In People v. Chenault, 495 Mich 142, 152 (2014), our Supreme Court concluded that [w]e disagree with the prosecutions suggestion that the diligence requirement is consistent with the Brady doctrine generally. In the instant case, the prosecution is asking the Court to ignore binding precedent and impose a diligence requirement to reject defendants Brady argument. Photo: VOD. UNDER FIRE FOR DENIAL OF KIDNAPPINGS, RAPES AND MURDERS OF BLACK WOMEN, SUPPORTERS MOBILIZE FOR RACIAL ATTACK VICTIM TRACY DOUGLAS, SAY MONROE, MICH. I am so happy to see Mr. Searcy turn the page beyond the nightmare of his wrongful conviction, defense attorney Michael Dezsi told VOD. 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