RECEIVED IN XOORTOPCRIWlNAtAPPEAtS-
-JUN-0 5-2015-
Abet Acosta, Clerk
• a
.. ..--' ' DAYMON LAMAR JOHNS 1650164 Robertson Unit 12071 FM 3522 Abilene, Texas 79601-8799
June 1, 2015
The Honorable Sharon Keller Court of Criminal Appeals of Texas P.O. Box 12308 — Capitol Station Austin, Texas 78711-2308
RE: Daymon Lamar Jdliis v. The State of Texas Court of Crimiliai Appeals No. WR-74,833-01 Court of Appeals No. 07-10-00303 & 07-10-00304 Trial Court Case No.56,483-E& 58,725-E
TO THE MOST HONORABLE PRESIDING _JUDGE: ])W s I have been appealing a possession of. drugs charge in the above referenced cases for some time now and have heard no results or opinions from the courts in any form, other than the Court of Criminal Appeals notice that my Petition for a Writ of Habeas Gsrpus had been dismissed on November 3, 2010, because my appeals had then been pending. Regarding:tfes offenses for which I have been incarcerated I seek relief on the basis that I am actually innocent, and I was tricked, brib ed, coerced andf compelled into entering a guilty plea, in total disregard ©f my rights under the laws and Constitutions of Texas and the United States. I was abused and used for practice of the application of unlawful tactics, and taken advantage of, solely for the prosecutor to get a conviuction and justice he dis regarded, ignored, and damned. This has resulted in the cost of my freedom, and for a crime I did not ccwnit. I was coerced and compelled into entering a guil ty plea through threats and scare tactics by the district attorney and the jsjfllge of the court himself. I was visiting in the home of a friend that had had drugs in the house un beknownst to me. The drugs found by the searching officers had been found hid den in a closet and other places not in plain sight, they were not immediately visible for I had not seen them — I was sitting in the living room only visit ing the homeowner. I was charged with a possession of drugs that were not even in ray possession, either actual or constructive. The home-owner was charged al so with the possession of the same drugs. I had repeatedly requested that I be tried by a jury, bat_Judge Ifoodbourn was not hearing it, and totally ignored my requests for a trial on three separate occasions, and forced ase to remain in the Potl@r?* County Jail because I had been adamantly refusing to take a fall for any offense that I had not coaimitted. My court-appointed attorney, Lynda Smith, was just as culpable in having me convicted for a crime I had not committed, instead of striving to see that justice prevailed. She later made a comment ma a phone conversation I had with her, telling ete that if the drugs were mine, I needed to confess because the Judge had told her that he was fed up with me denying that I had anything to do with the drugs found in someone else0® house, and her knowing perfectly wall that I had not even known of the drug's presence in the house! The 108th District Court refused to give me a fair trial and compelled and coerced me into pleading guilty to an offense of which I was completely innocent
-1- of any involvement whatsoever. Due to my young age at the time of my arrest (19 years old), and not understanding the court and criminal justice system, the DA, the_Judge, and ray ©sn attorney scared me and coerced ma into pleading guilty and admitting to something of which I was innocent, by promising me that I was going to be given probation and so prison time. I did not fully understand that by me pleading as my attorney and the Judge instructed, I would end up in prison for a crime with which I had not been involved with. I was taken advantage of because of my age and of not understanding the law and its procedures. I was very, very scared, and more than just a little afraid, because of what I was being told% and how I was being treated in the jail. My mother has tried to find out from the Amarilio Police Department exact ly what I was being charged with, and what evidence was being used to obtain any conviction when there had been no drugs found on my person, but only in the boose of a friend I was visiting. The police officer told my mother that they did not have the evidence anymore — s©,.was it destroyed? Or maybe it never had even existed? I had been on probation at the time of my arrest for the possession charge and that resulted in me being charged as having violated my probation. The pro bation was for a chatsetsf evading arrest in a motor vehicle when I was a teenag er. I had just about completed the probation when I was arrested for the drugs possession. I would have not even been in that house had I known that there was drugs in it. While I was being held in the Potter County Jail for a ridiculous ly long period, my attorney continued to badger me into admitting guilt and her telling me that I would be released, and be given probation that would be served concurrently with the probation I was already on. But I persistently continued to ask foravjfry trial. Because of being misled and lied to by the Court's of ficers and its Judge, I pled guilty with the understanding that I would not have to serve any more jail time — I would only have to continue on probation. This obviously was not the case, and I was totally lost in what happened after I fol lowed the attorney's instuctions. I feel as though I had been taken an unfair advantage of because of my lack of education and understanding of what my plead ing guilt to an offense of which I was innocent would result in. I did not ful ly understand and appreciate the consequences of my pleading guilty. My counsel told me that whatever happened, I could appeal the charges, conviction, and sen tence. She was not in the least concerned with my well-being or of what would happen to me in the event I agreed to enter a guilty plea, even where she was cognizant of the fact that I had not known of the existence of the drugs in that house in which I was merely a visitor. She also told me that she was going "to work with the Judge" to "add to" my probation so that I would not get jail time. I signed for the probation because I had been misled by her and I was afraid to request a jury trial again after the last episode I had had with the Judge. But after everything was said and done, after I had follfeed my attorney's instruc tions and pleaded guilty, I was told I could not appeal because I entered a plea of guilt. I did not receive any of the promises made to rate to compel me to pled guilty. I need assistance in how I can have this injustice *g®rrected. Even were I to parole tomorrow, I have no one to whom I can turn to continue to fight again st this manifest injustice. I have no appeal attorney, no representative, thus, I write to you today, Lady Justice, to ask for guidance or direction for having my case properly reviewed. I do not understand all the documents and papers the Court and attorneys had me sign, and need assistance so I can better understand the charges, options, consequences, procedures, etc. I am asking if you will at least point me in the right direction, because I am totally lost in the Criminal
-2- Justice System's maze of appellate and postconviction procedures and remedies. I want to have my conviction and sentence reversed, overturned, and expunged com pletely from my records. I am having a really hard time dealing with the reali zation that the judicial system has failed, it doesn't work as I had been taught and brought up to believe — I was innocent, I declared it over-and-over to the Court, but instead of being accorded a trial as justice would demand, I was lied to, abused, and exploited by the Court so that the judge could make his consti tuents happy so that they v,/ould re-elect him when seeing that he was "tough-on- crime." I don't know how it can happen that I can be charged and convicted of a crime that I never committed, where I never had drgus in my actual or construc tive posasession at ASY time. In reviewing the police reports it would be seen that I-was "mentally slow," which can also be proven through my school records. All of my life I have had to contend with comments that were directed at me like "his elevator doesn't go to the top floor," or "he isn't the brightest lightbulb in the chandelier," or "he isn't playing with a full deck," so yeah, I have most likely than not, heard them all. The inmate that has helped roe draft this let ter has assisted quite a few inmates with their cases. He advised against send ing this letter to you, telling me that it was an inappropriate communication — but it is what I wanted to do. He also let me read a whole bunch of articles he has about Americans that have been wrongly convicted, and then exonerated. Read the PRISON LEGAL NEKS (subscription card enclosed), or the CRY JUSTICE NOW NEWS, P.O. Box 197 New Bloomfield, MO 65063-0197, and you will better appreciate know ing how prevalent is the trend of convicting the innocent in America. The final result of my limited education and total lack of understanding of the criminal justice system was my agreeing to plead guilty on the promise that I was going to be givm probation and I was going to go home. I just HAD to get out of JAIL so I could get away from those in there who had been threatening to do things to me that were against nature and my beliefs. I have been trying to appeal this case for the past five years and still I have heard nothing whatsoever from any of the courts. If there is not relief I can obtain in this case, pltes®* let me know something. I do have factual evi dence that I was NEVER in possession of the alleged drugs, and the police report will prove this up. I also have proof that I was made promisesj, in order to ob tain a guilty plea., promises that were not fulfilled or kept. Is it possible to sue Potter County and the Court by proving I was not in possession of the drugs, and had no knowledge of the drug's existence; and showing that I was compelled and coerced into pleading against my wishes, because offeing made promises that had not been kept or fulfilled? And where it all resulted in my being imprison ed for an offense that I had NOT committed? I am asking for information on what rights I have for having this case overturned, and if there are any actions that are available for bringing suit for a wrongful incarceration. .You may contact ray mother for additional information if it is needed — Ms. Johnson; 2023 Oak Drive; Amarillo, Texas 79107 Of course, I ask that you contact me at the address given in the letter head of this letter. .Your Honor, I thank you so very much, in advance, for whatever it is that you do to help me with this issue.
Very respectfully, I will always be, Your obedient servant,
Daymon Lamar Johns
-3- Exonerations of Americans Wrongly Convicted of a Crime Hit Record Number The National Registry gain, in which a lesser restroom, and pre of Exonerations said sentence was prom vented her from hav Special points of interest: 87 prisoners were ex ised in exchange for a ing food or water. She •> Wrongly Convicted Pg.2 onerated, the highest guilty plea. spent eight years in ever totaled. About Gross found that no prison. o Unfair Phone Charges for Inmates & Meet the Medical two-thirds of the 87 crime occurred in 27 Other findings from Company Pg-4 exonerations involved of the cases. Examples the report showed the rape and/or murder of these mistakes in • Testimony Pg.6& 7 number of exonera convictions. cluded: tions resulting from " Sermon Pg-8 Many of the over •Joseph Awe of Wis DNA evidence was o Privatizing American in turned convictions consin, who served down again, which has Prisons System Pg.9 were a result of false nearly three years in been the case since
confessions coming to 2009. prison for arson until light or the discovery "I think some DNA ex officials realized the that no crime was ac onerations will keep fire was an accident. tually committed. happening, but not in Please • Nicole Harris of Illi "In a steady number the numbers we saw nois who was con 10 or 15 years ago," Send All Letters of cases we make hor victed of murdering Gross said. "If the rible mistakes," report And Subscrip her four-year-old son, other trends continue, author Samuel Gross, who it turned out ac they'll become a a law professor at tions cidentally suffocated smaller fraction of all the University of Michigan, told U.S. while playing with his exonerations as time For Cry Justice News & World Report. brother. It was deter goes on." Seventeen percent of mined that Harris had Gross partially credits Now News those exonerated had been coerced into law enforcement or ganizations for the To at first pleaded guilty pleading guilty by Chi to a crime they did cago police, who— report's findings, as P.O. Box 197 38% of the exonera not commit. This usu during 27 hours of ally occurred because questioning—pushed tions were initiated by New Bloomfield, the defendant was such groups. and threatened her, offered a plea bar MO.65063-0197 forbid her to use the Page 2 Cry Justice Now News
A wrongly convicted Seattleman who spent 10 years in bar was charged with burglary and robbery. A KingCounty prisonafter beingconvicted of robbery and burglary has jury convicted him solely on the basis of eyewitness testi beenreleased. Brandon Olebarwas releasedfromprison mony and sentenced him to 161/2 years in prison, accord after theInnocence Project Northwest persuaded King ing to an Innocence Project statement. Project Director Jac County prosecutors to re-examine his conviction, which was queline McMurtrie said the two law students tracked down based solely on eyewitness testimony, Two students from and interviewed three of the assailants, who signed sworn the Innocence Project Northwest, which is based at the Uni statements admitting their involvement and denying that versity of Washington LawSchool, pulled togetherevidence Olebar was present during the attack. Working with attor that Olebarwas not among the peoplewho in February 2003 ney Fernanda Torres, they presented the new evidence to broke into the home of his sister's boyfriend and pistol- Mark Larson, the King County chief criminal dep whipped and beat the man unconscious. The victim said as uty prosecutor. After interviewing the same people, Satter- many as eight attackers beat him for more than 10 minutes berg's office moved to vacate the conviction and dismissed and he recognized Olebar's sister as one of them. The victim the charges. Olebar, 30, was released "Eyewitness misidenti- later identified Olebarfrom a photo montage. Despitethe fication is the single greatest cause of wrongful convictions," fact that he did not have a facial tattoo and had an alibi, Ole IPNW Policy Director Lara Zarowsky said.
INNOCENCE: Another Exoneration from Death Row Reginald Griffin, a former death row inmate from Prosecutors withheld evidence that guards had confis Missouri, became the 143rd person in the U.S. to be cated a sharpened screwdriver from another inmate, exonerated and freed from death row since 1973, after Jeffrey Smith, immediately after the stabbing. Both of the state dismissed all charges related to his death Griffin's co-defendants consistently said the third per sentence on October 25. Griffin had been sentenced to son involved in the crime was Smith, not Griffin. death for the murder of a fellowinmate in 1983. His Cyndy Short, the current lead attorney for Griffin, conviction was overturned in 2011by the Missouri said, "Reggie and his family are overjoyed. This has Supreme Court (Griffin v. Denney) because the state been a massive weight upon them all for three dec had withheld critical evidence. Griffin's conviction re ades." Griffin is the 4th person exonerated from death lied on the testimony of two jailhouse informants who row in Missouri, and the first in the country in 2013. receivedbenefits in exchange for their testimony.
Arthur Carmona From the beginning, Arthur maintained his innocence. Convicted of armed robbery, 2 counts, and convicted, Family members and supporters started a campaign sentence tol2 years and released after serving 2 years. for his release, and began raising money. A Weekly and A 16 year old student was walking to a friend's house Los Angeles Times columnist, Dana Parsons began when he noticed a helicopter circling directly above poking holes in the case and eyewitnesses recanted him. Seconds later, he was stopped at gunpoint by po their testimony, On August 22nd, an Orange County lice. Arthur was not wearing dark clothing or a cap, Superior Court considered the overwhelming evidence according to the complaint. Witnesses to both robber that Carmona had been wrongfully convicted of both ies were brought to the scene of Arthur's arrest. They crimes and ordered his release with the agreement of could not identify him at first, but when police asked the DA, but only after a stipulation that he would not Arthur to put on the cap and a jacket, witnesses made sue them or the police. the identification. Two hours after the two.robber- Arthur was murdered in 2008 while leaving a party ies he was arrested. Tried as an adult, was convicted with friends. and sentenced to 12 years based largely on the wit ness statements. To mail as postcard place 340 stamp here
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