Monday, June 12, 2017

Darrell Jones' Motion for New Trial Takes Another Unexpected Turn as State's Lead Forensic Expert Takes a Powder.


22 June 2017 Update -- It gets worse. Here is my email regarding the ORDER that the Plymouth DA's Office is attempting to skirt. They were basically supposed to give me a copy of a contract or invoice relative to the purported Expert Witness Jason Latham....  you know, the bloke who failed to appear last week. 

So they respond tersely "we have no invoice."

Good Day Attorney Murray: 

I believe you can see that this is not a Good Faith moment on either end for the Commonwealth: 

If they don't have an invoice or a contract then they were masquerading in Court this month. And if they *DO* have a contract then I need to get it because it is not work product nor is it privileged. There has to be an RFP and related documents discussing the Order or Magnitude, etc. etc. that spells out some form of Contract for Pete's sake. 

It can't be any clearer than that. Please direct the Plymouth DA's office to provide a full, complete and LAWFUL response. I was born some day but it wasn't yesterday. 

Respectfully submitted, 
CHRISTOPHER KING, J.D. 

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Darrell Jones moves for new trial in Massachusetts as forensic experts show how Brockton MA cops falsified evidence. The State's forensic expert failed to appear. The Court has ordered the original witnesses to the 1985 case to come to court on 13 July 2017. That will be interesting because I want to see Detective Smith maintain his posture about how that tape came to be altered when the prostitute had just stated "the little guy had the gun..." when in fact there was no little guy. They were 6' ad 6'1" respectively. 

 Then in comes Sergeant Bilko.... that's because Smith crash edited the prostitutes' statements over the existing original Bilko tape and excised that parts he didn't want people to hear. That is my opinion, supported by expert testimony.

You all may recall seeing a certain Plymouth Prosecutor running from KingCast cameras last year on this case involving a man who claims that he has spent thirty (30) years behind bars for a murder he did not commit.  
Many of us find it inexplicable how such a fundamentally flawed case could make it not only to trial but get sent to a Jury and on to a conviction for murder using only the alleged identification from prostitute Terie Lynn Starks. The alleged identification shown to the World was arguably the result of a tainted photo array. 

All images in the photo array except for Mr. Jones were neighbors of Ms. Starks, and, further, the State failed to show her images of other possible suspects.  Here is the colloquy between the Court & Attorney Lisa Kavanaugh as the case takes another turn to the bizarre.

 Before you read it, know that in the thumbnails to the left the DOC/EOPSS were ORDERED to provide a thorough rationale to me that could in any way support their refusal to provide me the payment arrangement between the Commonwealth and expert Jason Latham of DME Forensics

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Counsel:  This information is indeed relevant to the scope of this hearing today:

Court:  What you are looking to show is that some of the people in the array were known to Ms. Starks. Does it go further than that? 

Counsel “It does. The other arrays [shown to other people] included others who the police had identified as suspects.  She was not even given the chance to identify them." 

Court:  "There is no factual dispute as to that."   


Counsel:  "At trial none of this was exposed.   We have filed a Motion to Exclude testimony of Commonwealth’s Expert.  The Expert who had prepared the report was inexplicably gone from the lab. They then found the technical reviewer. This is entirely inappropriate given the role that this individual plays in this case.”  

********* 
Counsel for the Commonwealth attempts to explain this phenomenon as they sought to have a technician testify: 

"Jason Latham had done the work. We had a phone conference with him on the 31st. They are required to have peer review. He was going to finalize it. I received a phone call from him later that day. He was on verge of tears. 


His wife had called him with a family emergency and he said he could not complete it. I was not given any other details. The next morning I received the report. Then last Monday I received a call from the President indicating that Mr. Latham had taken a leave from the company. I just assumed it was related to the matter the week prior. 


There was not time for him (the technician) to generate his own report. He has not reviewed the original VHS tape reviewed by Mr. Latham.  He may assist and help in cross examination and may be cross-examined." 

********* 

Attorney Barter chimed in regarding the Motion in Limine:

"We know that the tape reviewed by Mr. Latham was not even the tape used at trial:


It is tantamount to an autopsy of a mannequin as opposed to one on the victim of a homicide." 



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Marisa T. Dery was called as expert witness for Mr. Jones. She basically testified that the edits to the tape were not accidental and that there were at least two distinct activities that rendered the tape in the condition as we now know it. Here is the colloquy between Ms. Dery and Counsel for Mr. Jones:


Dery:   He said he was playing it then he pushed record by accident then when he saw his mistake he corrected it. There were two over recordings not one as he stated. The over recording was when he placed the interview over it.

Counsel:  So there were two over recordings not one?

Dery:   Correct

Was it an original?


It was not an original tape because it was placed on top of Bilko … it’s sort of the reverse of what he said. You had Bilko then the original was used to make this.

**********

OK so when Attorney Barter walks out of the Courtroom I'm sitting there slack jawed:


"Counsel, anything the technician has to say... is derivative and is basically hearsay. What else can he testify to other than general business practices, which gets them nowhere."


As I finish my sentence we both look at each other and he says "That's my point."


Good because I thought I was going crazy. On this issue the Court indicated that it would allow his testimony but also noted that he may entertain a Motion to Strike.


KingCast:  With all condolences as warranted for Mr. Latham and his family, I just want to know how much the taxpayers got fleeced for this nonperformance, right. I am entitled to know that, and I will sue for that if necessary.  We are all entitled to know that much at least. Stay tuned for video and better stills as the hearing continues tomorrow in Fall River at Bristol County Superior Court.


PS:  I suppose the $64,000.00 question is this: Will the prosecutor's office sue for specific performance or unjust enrichment or any other contractual rubric(s)?  Because otherwise it's just another case of public fleecing in my humble opinion.


PPS:  There is a tussle about the scope of this hearing given the new test articulated by Commonwealth v. Rosario. 


Attorney Kavanaugh: "Under Commonwealth v. Rosario (SJC 12115) – a confluence of factors demonstrates that Mr. Jones is entitled to a new trial. Not a single witness came into court and identified Mr. Jones.  This videotape was THE evidence against Mr. Jones.  Detective Smith was the lynchpin and the use of the attorney (Elias) was all [dispositive]."

Note:  Lisa Kavanaugh was co-counsel in Rosario. Perhaps her word should carry substantial weight in this instance, no?

Sunday, November 27, 2016

Darrell Jones and NAMI Concur: State must put Bridgewater under control of Department of Mental Health.



Pending Hearing ORDER on full evidentiary hearing on crash edit video
featuring Terie Lynn Starks.

Today's Letter to the Editor from NAMI Massachusetts Executive Director Laurie Martinelli in response to Reporter Michael Rezendes story "Recoil, Reform, Repeat" says it all:  Bridgewater and other EOPSS/Massachusetts Correctional Facilities cannot be trusted to protect inmates' mental health. In point of fact they often intentionally trigger mental health issues. See also this week's spotlight feature, "The Desperate and the Dead." Full feature.

This I know to be true, having interviewed Souza inmate Darrell Jones and recorded his statements about a series of events that started on or about 15 November, 2016 as his time draws near for an epic court hearing concerning a crash edit videotape that was used to convict him of murder 31 years ago.

Here is a man who has never had any mental health issues in thirty-one (31) years, now all of a sudden he's buck naked and moved from the H2 to H1 to HSU..... 


More on his situation I will not say at this point, but I will say that I have my suspicions about a series of recent hate-filled emails "You honkie coon," etc. etc. ad nauseam that have arrived in my in basket during the same exact time period as noted in this recent journal entry and video where we see the Prosecutor running from my hallway questions. They are coming from a private server but there are ways of getting to the bottom of that, including the use of various tracking devices as noted in the thumbnails attached herein.


Thank you, Ms. Martinelli and Mr. Rezendes, our team will be in touch with you immediately.


NOTE: The top screen capture seen directly below this paragraph contains a Hull/Weymouth, MA IP identifier of 24.62.55.214. This same IP addy appears in the search and landing history of yet another journal page of mine as seen in the second screen capture, and the subject matter reviewed in the links of course coincides with  the content of the racially-tinged emails I have been receiving during exact same time period, much of which involves Darrell Jones and much braggadocio about how the writer allegedly went to Harvard and allegedly rides a BMW sporting motorcycle superior to my Triumph. It seems silly at first blush, but it really isn't.  When viewed alongside the Civil and Human Rights abuses that are being suffered by Darrell Jones at this very moment, alarming is what it is.

It scarcely takes a rocket scientist to see that there is something fishy in Denmark here.



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Sadly, the predicate of this behavior was set years ago in several examples, including the death of Joshua K. Messier that finally resulted in manslaughter charges and a $3M lawsuit settlement.  From what I understand, the proviso of the Settlement Agreement still has yet to be implemented even though former Commonwealth Governor Deval Patrick fired the three guards involved.  Now I don't know if my harassing emailer cares or not but Mr. Messier was a white fellow. I don't care about race unless or until it is used against someone or there is a pattern and practice of racism. All I care about is Equality and Justice. From the quill of Reporter Rezendes on 30 April 2015:
The former correction officers — Derek Howard, John C. Raposo, and George A. Billadeau — were fired last year by Governor Deval Patrick after the Globe revealed that Bridgewater officials had violated a half-dozen laws, regulations, and policies in the death of Joshua K. Messier as Messier was forcefully strapped to a bed. The episode was caught on videotape.
Although Plymouth District Attorney Timothy J. Cruz declined to bring criminal charges following Messier’s death, special prosecutor Martin F. Murphy said that he decided to seek the charges after conducting his own six-month review. On Thursday morning, a statewide grand jury sitting in Suffolk County indicted Howard and Raposo on charges of using excessive force, while Billadeau, the supervisor, was indicted for allegedly failing to prevent the abuse, Murphy said in an interview. Murphy said Howard and Raposo caused the 23-year-old Messier’s death, but that prison guards should never have been in charge of caring for severely mentally ill men. 
Despite its name, Bridgewater State Hospital is a medium-security prison, not a hospital. View Story Judge opens inquest into Bridgewater hospital death The review will examine a 2009 case where a patient died as prison guards forcibly strapped his wrists and ankles to a bed. 
 “A system that places correctional officers in charge of mentally ill patients never convicted of a crime is a recipe for disaster,” said Murphy. “It’s not fair to the patients and it’s not fair to the guards.”

Monday, September 26, 2016

Press Release on Reasonable Doubts: Washington Film Students Poised to Shoot Narrative of Darrell Jones -- An Innocent Man.



Pending Hearing ORDER on full evidentiary hearing on crash edit video 
featuring Terie Lynn Starks. 

PS: Relative to some suspicious conduct against Mr. Jones in the last week (Nov 15-25) -- Perhaps has a side note, I have been receiving several hateful, racist emails during this exact same time period, apparently through some sort of proxy server(s). These emails reference Mr. Jones and a journal page I produce and edit relative to his pending Motion for New Trial. When I contact my private investigator I sincerely hope that we do not discover any connection between these emails and anyone employed by the Commonwealth.

See the original post with links to WBUR, NECIR.
See also the preceding post with live court action, "Raw Courtroom Footage Prosecutor Runs From Crash Edit Video Perjury Questions."



PRESS RELEASE                                                                       Contact: Christopher King
For IMMEDIATE RELEASE                                                            kingcast955@icloud.com
26 September, 2016                                                                  617.543.8085 
              

FILM PROJECT ABOUT INNOCENT MAN APPROVED

Community College students will be shooting substantial portions of a movie narrative in the City of Shoreline and local areas

SEATTLE…In 1985 (read release in the comments section, below).

Wednesday, June 8, 2016

Darrell Jones Update: Raw Courtroom Footage as Brockton Prosecutor Runs from Crash Edit Video Perjury Questions.


Pending Hearing ORDER on full evidentiary hearing on crash edit video 
featuring Terie Lynn Starks. 

PS: Relative to some suspicious conduct against Mr. Jones in the last week (Nov 15-25) -- Perhaps has a side note, I have been receiving several hateful, racist emails during this exact same time period, apparently through some sort of proxy server(s). These emails reference Mr. Jones and a journal page I produce and edit relative to his pending Motion for New Trial. When I contact my private investigator I sincerely hope that we do not discover any connection between these emails and anyone employed by the Commonwealth.

Meanwhile Washington area film students are primed to shoot Mr. Jone's narrative:
Read the press release below.


As I was telling a Seattle area media classroom last week, there's something fishy in Denmark going on here.  As such, I believe that Mr. Jones' Attorneys are well within their Right to request a full-on evidentiary hearing by September to determine the extent to which the Brockton Police Department personnel committed Perjury in the 1985 Wrongful Conviction of one Darrell "Diamond" Jones. 

The odds are good that the goods are odd. But don't take my word for it. Read the actual accounts of what happened as you watch Prosecutor Robert Thompson:

a) Apparently misstate the reason he was substantially late to yesterday's hearing, and;
b) Run from KingCast cameras on the simple question of who the State's alleged eyeball witnesses were in the 1985 Trial. 

Hint: There was only one alleged eyeball witness who identified Darrell Jones, and she was a prostitute currying favor from the BPD.... and even then she failed to identify Darrell Jones in Trial, only in this crash edit video. If I am wrong on any of this I'll place my entire professional integrity on the line here.

Meanwhile, not for nothing but Attorney Rosemary Scapicchio has raised issues that D.A. Thompson is addressing relating to alleged failure to provide exculpatory evidence in the pending trial of another black man accused of murder. Dana Waller claims he acted in Self Defense in the 2014 homicide of Edward Dill. Stay tuned on that one.
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Above is the crash edit video that cuts to Sgt. Bilko during the Interview. Here is the NECIR online feature . And here are some material issues with her testimony, below is an excerpt from that journal entry:

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Let us resume our discussion of State's Witness Terie Lynn Starks, who had been held on Prostitution charges that were subsequently dismissed immediately after Jones' conviction as aptly noted by the WBUR and NECIR reporting. We know that she did not actually identify Jones in the trial testimony:

"One was a tall Cuban guy. The other guy was a little taller than I was."

Note: Starks is 5'4" -- Darrell Jones was 6' and the victim was 6'1"

Cunningham asked Ms. Starks to look around the courtroom to see if she saw the man who did the shooting.

"I can't be positive, I don't remember exactly how he looks."

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Meanwhile my request for policy, procedure and budget regarding States witnesses is still pending with the City. I will post that soon.

Friday, May 27, 2016

KingCast College Discussion on Darrell Jones Reasonable Doubts and Wrongful Conviction.


Attorney and legal journalist Christopher King discusses the 1985 Brockton Massachusetts wrongful murder conviction of Darrell Jones with Shoreline Community College film students in Tony Doupé's classroom on 26 May 2016.

This is the introduction. Stay tuned for the entire discussion shortly.

Saturday, April 9, 2016

New Media Coverage: NECIR's Jennifer McKim and Chronicle Updates.



There can be no doubt that Darrell Jones was wrongly convicted.

NECIR's Jennifer McKim on the Boston.com Morning Show featuring Kim Carrigan.

Coming Tuesday: Boston Chronicle, "Doubts." (Link to online story)

Above:  Last week's KingCast exclusive interview with Darrell Diamond Jones.

Wednesday, March 23, 2016

Judge Gives Prosecutor 30 Days to Pony up Crucial Evidence in Darrell Jones 1985 Murder Conviction.



Darrell Jones and I spoke today and will be taping another call from prison soon. He wants to again thank everyone for their faith, belief, perseverance and talent.  Not only those who appeared in Court with him yesterday, but those who may not have appeared in Court as they continue to work diligently behind the scenes.

To take a little artistic license right now I feel that he is comfortable with me saying that it only takes a few Bad Things to wrongly convict a man and to send him away....... but it take an entire village to bring him back.

But as we know, and and Dr. Martin Luther King said "No Lie Can Live Forever."  At least not when you have competent and diligent legal counsel and media to help.

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Bruce Gellerman reports: In an emotional hearing yesterday Brockton Superior Court Judge Thomas McGuire ruled that the original video and other evidentiary items must be identified and brought forth in thirty (30) days.

Moreover, I have requested public information regarding the City policies on witness compensation since 1985; that request is still pending.

Above are pictures from yesterday's hearing as well as the first audio discussion with Mr. Jones. Stay tuned for more.
Here is the crucial background about Terie Lynn Starks and her testimony. Let us resume our discussion of State's Witness Terie Lynn Starks, who had been held on Prostitution charges that were subsequently dismissed immediately after Jones' conviction as aptly noted by the WBUR and NECIR reporting. We know that she did not actually identify Jones in the trial testimony:

"One was a tall Cuban guy. The other guy was a little taller than I was."

Note: Starks is 5'4" -- Darrell Jones was 6' and the victim was 6'1"

Cunningham asked Ms. Starks to look around the courtroom to see if she saw the man who did the shooting.

"I can't be positive, I don't remember exactly how he looks."