Dr.Cornel West once wrote,"The mark of the prophet is to speak the truth in love with courage-come what may."Dr.West makes a good point. WE all have da potential to be prophets-however, we all dont have da courage to speak truth 2 power & follow thru w/correct action after our plan,vision,or prophesy has been declared(whether in public or private).Da fear many potential prophets experience is of da struggles(set backs,doubt,retribution,outcasted,hardwork & even death)dat may come w/speaking truth. Aside from those fears,there's da fact dat few people in da world take what dey say, demselves,2b serious.There4,dey dont believe in demselves,so how can dey take us serious?Not only can such people not be prophets,but dey can not support a true prophet's vision. In essence,a prophet doesnt have mistical power.Instead, dey're everday people like u & i whom believe in their plan or forecast b/c dey take da time to logically analyze da conditions & possibilities at play w/in any given situation. Any one can be a successful prophet if dey are willing to do da research,& cultivation thereafter.For example,what better everyday prophet than a good farmer? She or he researchs da status of da soil,da time of da year,& how dat applies to what particular seeds(or prophesy)to sow/plant;thereafter,dey water da seed,keep weeds from growing near it,making sure it gets plenty sunshine;& by harvest time dat seed will have grown into fruit & da farmer reaps da result. Dis wisdom of 'process'can be applied in many aspects of our lives. Here,i ask u all to BELIEVE IN DA PROPHESY OF MY COMING FREEDOM! B/c im working hard from da inside on my case;a few supporters are working hard out there; & HOPEFULLY U ARE DOING UR PART 4 DA CAUSE-NO MATTER HOW SMALL! Final analysis:"prophesies are made by da prophets who cast dem into da world, & even more by da people who support who believe in dem by helping their plan manifest". Therefore,one way to be a successful prophet in ur personal lives is to be a PROFIT to da world in sowing righteous & humane seeds-when ever da chance presents itself.(& it should go w/o saying dat da 12 years of my false imprisonment has been da biggest chance for u to sow a righteous seed in ur support toward da prophesy of my freedom!). Its never 2 late-started 2day or continue ur efforts. BELIEVE WHAT I SAY: my time 2 shine is near-FREEDOM NOW! SOUL AUTUMN PROPHET-leon benson(sept. 13th,2010 & r.i.p Tupac Shukur)
Tuesday, 28 September 2010
Friday, 24 September 2010
Go to: www.twitter.com/freeleonbenson Repeat after me, God has kept me here . I survived because He has a plan for me. All my bad relationships, the addictions, the consequences, the bad credit, the repossessions, the death of my love ones, the back stabbing from my friends, the negative thoughts, or the lack of support. I made it because I am blessed! I release and let go of all past hurts, misunderstandings and grudges because I am abundantly Blessed! I recognize them as the illusions they are, they are sent from the enemy to kill my spirit , steal my joy, and destroy my faith; For God is all there is. All else is a lie! Now give yourself a hug, wipe your tears away and walk in victory!! I love you, but more appropriately God loves you BEST! Be blessed and know that you are at one with, THE SPIRIT OF THE LIVING GOD! And may the Lord keep watch between you and me. Amen! BE A BLESSING TO ANOTHER, BY PASSING THIS
Wednesday, 22 September 2010
"Thoughts transmit themselves,& a powerful thought will aways transmit itself whether 4 good or evil.We are protected,mercifully on the whole,from the knowledge of our thought."-Kathleen Raine.U must understand da power Ur every thought,word,& act will have effects on those around U & on the next 7 generations.Thought & words are more than a process of communication,dey have da power 2 shape conscious,reality,& future events.What U say & do,frames da conscious of not only Ur children & nations,dey direct dem 2 use da same ideals 2 frame da conscious of their children.So be careful of da thought-seeds-U plant in gardens of Ur & other's minds,or da universe.For seeds grow after dey're cast.Every thought(luv,hate,fact,lies)felt 2 be true or accepted 2 be,takes host in da subconscious;& will bloom sooner or later in2 acts,& bears its own fruit upon da world.THERE4:good thought will produce fruit of divine acts.& evil thought will produce diseased & destuctive fruit of acts.Da JUST SEED-LB
"Dis struggle 4 freedom is a physical affair,which takes place in dis prison cell first: i gotta get outta bed,exercise my body,mind,& spirit b4 i draw out legal & street campaign strategies on paper;then i send da parts 2 my COMRADS in society dat i cant execute here.When done right,im able to advance my position torward FREEDOM.But TIME is just as important as position in strategic thought,& knowing how 2 use TIME will make US superior strategists by giving US advantage in OUR defense & attacks.2 do dis U must stop thinking of TIME as an abstract:in actuality,beginning da second U're born,TIME is all U have.Its Ur only true commodity.People can steal Ur possessions,but-short of death-not even da most powerful tyrant cant take TIME from U unless U let them.Even while in prison Ur TIME is Ur own,if U use it 4 Ur own purposes.2 waste Ur time in struggles not of Ur agenda or choosing is more than a mistake,its stupidity of da highest order.OVERSTAND:LOST TIME CAN NEVER BE REGAINED!"-lb.
"1,2,3,4,5,6,7,8,9,10,11,12!...where u at?" "im in da fight 4 my freedom!" "Can u keep fighting or do u wanna quit? " "What?Hell nah!Get out my way ima fight til da bitter end!"**DING!*** Da above exchange is analogous 2 my ongoing fight 4 freedom.B/c at times ive felt like ive been knocked down 2 da canvas w/ a reffery over me tryna count me out b4 i can stand up.& instead of a normal count, every number da ref utters,"1,2,3,4", symbolizes a year passing by in my false imprisonment! It should go w/o saying:Im not staying or laying down.My heart wont let me quit. Many people have threw da towel in on me.But i threw it back at dem soaked w/ sweat from struggling non-stop!Ive been slandered,booed,spat at,cursed,& held down from haters da world over.& u know what?Dey cant detour my spirit or climb 2 da mountain top of freedom!Every now & again i like 2 remind da world 2 never count me out.BET ON DA HEART OFA SOULJAH-LB
. On Sept.14th,WE (fam,friends,& supporters of luv'd 1s imprisoned in WVCF's SCU)were SUCCESSFUL in our phoning campaign 2 WVCF warden's office about stopping da w/holding of legal materials from da SCU prisoners by da prison's law library(LL)& SCU staff. For now dey're passing out legal materials again. HOWEVER,WE'VE discovered more UNCONSTITIONAL practices of WVCF not providing SCU prisoners EQUAL ACCESS to da LL.Meaning,those confined in da SCU,whether or not dey're under administrative or disciplinary seg. status,by law must have da same LL access as general population(gen.pop)& other units & prisons uniformly(see Bounds v.Smith,430 U.S.817(1977)&Lewis v.Casey,518 U.S.343(1996). Here are da following facts of why SCU prisoners arent receiving equal access to da LL: 1).Da SCU doesnt have access to trained paralegals or prisoner LL clerks.But in gen.pop... ...& other seg.units prisoners have direct access to LL staff & prisoner clerks who're more versed in law & who can answer critical legal questions.Dis'd allow SCU prisoners more legal help who dont understand da law. 2)SCU prisoners need da immediate access of sattlelite legal computer systems.Ironically,in 2007,WVCF warden had all 48 sattlelite computers remove from da SCU & replace w/ an oppressive video monitor visitation system. Dis came w/no warning to SCU prisoners.Access to LL computers would greatly increase research speed,for example,it'll take a prisoner 3hrs of computer research on particular issue,where it'll take him 3months to complete da same reserch thruogh da LL request slip process.Gen.pop & Westville Control Unit(WCU) prisoners have access to such LL computers.Why is da SCU different? 3)There's an inadequate amount & varity of legal books in da LL's SCU laon catalogue. There're only a varity of 30 books in an... ...attempt to satisfy da demand of 288 SCU prisoners.WVCF's LL must expand da catalogue of legal books to SCU prisoners. WHAT DOES ALL DIS MEAN?Well,ur fam,friend,or loved 1s confined in da SCU are being systematically DENIED EQUAL ACCESS TO DA COURT due to da conditions mentioned above.(see Marange v.Fontenot,879 F.Supp.679(E.D.Tex.1995).Therefore,its far harder for SCU prisoners to research their cases to reduce thier overall sentences or have their convictions overturned.This means more time dey'll be locked away from us in society.Da conditions mentioned above are serious 1st,5th,&14th Amendment VIOLATIONS of da U.S. Constitution. PLAN OF ACTION:If its not broke dont fix it. We had success w/ da phoning campaign so we wont change our protest approach.But we will include emails dis time around. Follow directives below: ON Sept. 21,2010,between 8am-6pm,WE'LL ALL place phone calls... ...& emails demanding dat: 1).sattlelite legal research computers are returned to da SCU;2).paralegal staff or LL prisoner clerks are allowed,per request,to come to da SCU to talk w/prisoners who need more clarity in their pro se motion filings in state or federal courts,for civil or criminal cases;& 3).WVCF LL provide more & a larger varity of legal books to SCU prisoners. These demands are to be directed to da following IDOC officials: *IDOC Commissioner,Edwin Buss,ph#317-232-5711, email:firstname.lastname@example.org *WVCF's warden,Jerry Basinger,ph#812-398-5050, email:email@example.com *Indiana Governor,Mitch Daniels,ph#317-232-4567 Please at least call one of da above(if u cant find time to send an email)to make ur protest be heard for SCU prisoners' human rights. IN CONCLUSION: forward dis directive to any willing & able person dat'll make dez calls of protest. WE would like to thank u in advance & 4 ur time,but remember:DA POWER IS TO DA PEOPLE WHO CAN UNITE FOR A JUST CAUSE. IN SOLIDARITY, US
Over stand: “At times one has to deal with hidden enemies, intangible influences that slink into dark corners & from this hiding affect people by suggestion. In instances like this, it is necessary to trace these things back to the most secret recesses, in order to determined the nature of the influences to be dealt with.. The very anonymity of such plotting requires an especially vigorous & indefatigable effort, but this is well worth while. For when such elusive influences are brought into the light & branded, they lose their power over people” - THE I CHING, * century B.C
Salutes comrades & loved ones world wide:
I hope my message finds you well & embracing your S.W.O.T (strength, weakness, opportunities, & threats) of your personal lives to prosper, as well as to your work of helping me advance my freedom & justice strives.
Maintaining is all I’m doing. Read the above ‘I Ching’ (or book of changes) quote as it was wrote, in context, to recent revelations of my on going legal battle. And I will show why here soon.
The reason I’ve not posted nothing online in a while, is due to the overwhelming jobs of my preparing for the upcoming Post-conviction Relief (PCR) hearing 12/16/09 but that date has changed among other things due to my many enemies whom hide behind the robe & oath of justice.
If you recall, I’ve expressed to the world before of all the corrupt legal official I face in Indianapolis, who’ll stop at nothing to ’stone wall’ (block) my path to justice. (see case Update # 3 & 8 at
BEHIND THE ROBE
“Conventional logic would seem to dictate that since a judge is normally both a politician & lawyer, people would have an opinion of them lower than a grasshopper’s belly. But on the contrary, the mere investiture of a $25 black robe elevates the denigrated lawyer - politician to a position of considerable honor & respect in our society, as if the garment itself miraculously imbues the person with qualities not previously possessed” - Vincent Bugliosi, THE BETRAYAL OF AMERICA, 2001
Not one false conviction occurs in a vacuum of judicial indifferences. Every false conviction results from a deliberate process involving police, prosecutors, sell-out defense lawyers, and one or more trial level & appellate judges. Although prosecutors, police, defense lawyers & lab technicians have been strongly protested against in the media & books for their contribution to false convictions, however, judges have been given a free pass of any wrong doing.
This blind-eye attitude maybe due to the fact that sitting on the lofty perch of their prestigious seats, judges are often thought of by common folk & portrayed by news & media outlets, as fair, apolitical men & women who possess great knowledge, wisdom & humanity, & concerned with ensuring that truth & justice prevails on every case. However, reality is far more different this idealistic portrayal. Judges are in fact the most crucial actors on the stages of court rooms in the real life drama of an innocent persons conviction.
Contrary to their carefully constructed public images of being independent thinking & above the frays of common folk, judges are influenced & even control by powerfully & largely hidden political, financial, personal & ideological considerations. There hidden, prejudicial influences, are apparent in judge Amy Barbers apathetic rulings in my state post-conviction relief (PCR) case.
Although I’ve stuffed the wrath of trail judges complicity that resulted in my false conviction 10 years ago, I , like other common folk, want to believe that there is a fair judge some where in the system. Surely this is true, but not in the case of judge barber residing over my PCR appeal. When this judge has systematically denied every motion I’ve filed, in seeking eyewitness statements withheld by the state for my PCR investigation to prove constitutional violations of “prosecution misconduct & ineffective assistance of trial lawyer”
During state level PCR proceedings, by the law of every U.S state, the petitioner has the burden of proving his or her case. This burdern of proof assigned to petitioners, is technically termed the petitioners “preponderance of evidence burden” Therefore it’s the petitioners responsibility to present evidence to the PCR court that wasn’t presented at trail. And the only way to explore this option is for the petition to be afforded a fair opportunity to investigate. If the judge however, systematically deny the petitioner then examine & test with one of the many forensic analysis, he or she will not prevail in a PCR appeal.
Such unfair rulings by the judge in my PCR case has limited my presentation of evidence. Thus hiding injustice behind her black robe. Here is a case chronology of key - prejudicial rulings by judge Barber, that goes against all the logic & public assumption of a fair & just PCR proceeding:
Subpoena for Production of Documentary Evidence:
Filed Dec. 28, 2007. Denied Jan. 3, 2008 & stated reason: (courts file doesn’t contain pre-trial statements of detectives files. Petitioner has a complete trial transcript with exhibits said record of proceedings to PCR hearing)
Motion for Production of Documents: filed
Sept. 2, 2008. Denied Sept. 4, 2008 & stated reason: (Item requested is not relevant or probative of PCR investigations)
Motion to alter or Amend Judgment or Order
(pertaining to the Sept 4th 2008 denial) filed Sept. 24th, 2008.
Motion For Continuance: Filed Dec. 22nd 2008 & my stated reason (without documents I requested from the court, I could not prove my ‘ineffective assistance of counsel & prosecutorial misconduct claims I raised) Granted Jan 5th, 2009, out come: (PCR hearing set Dec. 16, 2009)Petition For New Forensic Visualization Fingerprint testing of recovered bullet shell casings: filed Jan. 12th, 2009. Order Fed 10th, 2009 for stated reason: (discovery hearing set Aug. 19th, 2009)Motion to Reveal Agreements Entered into between the State’s Witnesses & Subpoena Duces Tecum: filed Jan. 21st, 2009 & my reason (I figured if I subpoena the detective & the file, I could finally get the statements I needed. And the reveal agreement was a long shot) Order Feb. 10th, 2009 for stated reason: (discovery hearing set Aug. 19th, 2009) Request For Issuance of Subpoenas & affidavit in support of Request: filed Feb. 12th, 2009 & my reason: (there were 15 witnesses whose testimony was needed to perfect my PCR hearing, especially Dakarai Fulton & Timothy Gaither) Order granted & denied in part march 20th, 2009. With following results: (with no explanation, the judge denied 12 of my requested witnesses except trial attorney Timothy miller, appellant Attorney J. Richard Keifer & ex-prosecutor (now state senator) Randall head) (*Note: I never received this order in mail or knew anything about it, & was under the false assumption that I’d be able to present every witness I requested at the PCR hearing 12/16/09. I don’t know if this was the malice of the court or the prison officer but it was malicious non the less. (see case update #8)Discovery Hearing August 19th, 2009 Result:
(1) the state denied any agreement made with state’s witnesses; (2) the judge denied subpoena request of detective & their files and (5) regarding the request for visualization fingerprint testing, the judge asked me & state to submit ‘finding of fact & conclusion of Law’ motions by Sept. 21, 2009)
Petition proposed Findings of Fact & Conclusion of Law: filed Sept. 21st, 2009 & reflects (I submitted a 30 page handwritten motion, that demonstrated the law supporting my request for new forensic fingerprint testing of 5 recovered bullet shells. A copy of this motion will be made available online soon)The State’s Objection to petition for New forensic Visualization of fingerprint testing of Recovered bullet shells: filed by State Sept. 25th, 2099 & reflectedL the state agreed with me that Dr. Bond scientific application of visualization fingerprint testing satisfied I.R.E 702 (b), but he argued that if prints of another suspect were discovered on the bullet shells, that it would not change the guilty verdict in his opinion)Court Order on petition For Visualization fingerprints testing: filed by Court & Denied Oct 30, 2009 & stated reason (none)
These rulings were a blatant statement of the Judge’s contempt towards justice in my case. Clearly, this Judges doesn’t want to see me with my day in court - this was obvious of the prejudice she showed me at the Aug. 19th, 2007 hearing.
What’s the Judge’s beef with me? Is it the racial politics of my case? Is she protecting her prosecutor friend whose now an Indiana State Senator? Has she been paid money under the table to ensure the truth is never known? Or is it sadistic business as usual of legally repressing the poor?
I have theories, but no solid answers. But renowned Lawyer, Gerry Spence, in ‘From Freedom to Slavery’ makes a good point that judges hold more allegiance to the inter-court politics process than their other:
“We hold that our judges, charged with constitutional obligations, insure equal justice for all. That, too is a myth. The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power, in power. Judges as Francis Bacon remarked, ‘are the lions under the throne”.. Our judges, with glaring exceptions loyally serve the.. Money and influence responsibility for their office”
I agree wholeheartedly with Spence’s observation, whom has never lost a trial as a defense lawyer. His observation comes from decades of legal practice & interaction with Judges. If I were to place one finger on the politics, that influences this Judges prejudiced ruling, its would be the fact that the State has more to lose if I’m exonerated than if I remain falsely imprisoned. The financial compensation would be in the ‘millions of dollars’ if I’m exonerated, more over, the legal officials responsible for the false conviction would finally be exposed too many of these legal officials have used my conviction as a stepping stone to further their careers. For example, the ex-prosecutor Randall head, is now a Indiana State Senator. Further more, since the legal community amongst Judges, Lawyers, Prosecutors, police & the like, are very small - especially on a local city & State level - the likelihood is great, that this judges is friends wit the legal officials who stand to suffer the most from my exoneration. Go figure.
My loved ones out there, don’t be fooled by the awesome violence being wailed against my righteous stride for justice by this Judge. This violence is perpetuated by every judge that facilitates the production of false convictions or sustains them. But often, this violence is masked by paperwork, procedures, & the black robe that hides Judges corrupted heart
As many of you know out there, I had a strong business - courtship with Indianapolis, IN attorney Jeffery A. Baldwin. This July, fundraiser account supervisor, Keith Anderson sent supporters fundraiser flyers & copy of Baldwin legal letter. In Baldwin’s letter (dated June 22, 2009) he proposed to represent my entire PCR appeal for a $5,000 flat fee & any of his out of pocket expenses. Keith asked you for contributions to cover Baldwin’s expenses.
Indeed, this was music to my ears. Not only the price he proposed to represent my case, but also the confidence I developed in Baldwin from 5 months of correspondence with me. He seemed genuinely interested in my case. I was ready to hire him, especially with the financial backing of a few (good) friends & family members.
Baldwin sent me the proposed fee contract. I keenly looked it over (it was a one paragraph contract) to see if I thought it needed any changes. I concluded it needed a contingency clause. For example, I didn’t wanna pay Baldwin for a job I had already done on my case, so I figured if the ‘petition for new forensic fingerprinting’ was granted that it would’ve been an automatic reversal if the (true) killers prints were discovered, therefore Baldwin wouldn’t of had nothing to do to win my appeal and under such an occurrence I offered Baldwin to reduce his fee.
To $2500 for his legal work on my PCR & put the other $2500. Towards a down payment for his legal representations of me in a new trial. More over, I wanted to retain the rejects to any funds paid to him, if I decided to fire him if I didn’t like his performance. When I got back from court from Aug. 19th, 2009 hearing, I decided id hire Baldwin to head my case because the judge reflected great contempt towards me as a pro se prison. On Aug. 25, 2009, I sent him a $5,000 check, letter & a signed fee contract with a note on it (uniform commercial code 1 - 207, all rights reserved written above my signature - and below it, I wrote Baldwin a p.s, explaining to him not to take action on my case until we finish negotiations of his proposed fee contract were settled) And I sent it certified mail. However, it would take WVCF staff several days to process my check & certified mail request. (If Baldwin wouldn’t have wanted to honor my contingency clause, I would’ve still hired him, but I wanted to settle this last negotiation before actually hiring him. I sent the $5,000 in advance to show him I was serious)
Surprisingly, on Aug 32, 2009 I received a letter from Baldwin (dated Aug. 24, 2009) expressing that his communications & representation would be moot (or uncertain) and, he wrote if or when his representation is not uncertain that we could finish negotiations to change his fee contract. This was bad news to me. Because had I received Baldwin’s letter before (8/25/09), I would not have sent him any money. However by Aug 31st, it was too late to stop the mail going to Baldwin L
On Sept. 2, 2009, Baldwin received the check & mail, according to certified mail receipts. I waited for Baldwin to respond, but he did not in almost two weeks. Then on Sept. 11th, 2009 I tried to call his office collect and discovered a block had been placed on his line. This disturbed me greatly. And my trust of Baldwin came under question - especially with $5,00 to lose. Still, I remained calm & gave the attorney time to reply. But, by Sept. 17, 2009 I wrote him a letter requesting my $5,000. He still didn’t respond.
By sept. 24,2009 I was fed up with this dude’s bull crap & I contracted Minister Ruth Hayes of the Indianapolis NAACP, with “limited power of attorney” to go to Baldwin’s firm & pick up my cash.
Unfortunately, minister Hayes had an accident, where she fell & hit her head. This kept her in bed resting for several days. By Oct. 14, 2009, I sent Baldwin another letter demanding my funds back or to give to Minister Hayes. Still no reply.
I figured this guy was really tryna swindle me for my lil struggle money. So I filed a “consumer complaint” against Baldwin with Indiana Attorney general on Oct. 21st (on Nov. 10,2009, the attorney general replied & directed me to file a disciplinary complaint in Indiana supreme court)
Then on Nov 2 2009, (after 2 months of no reply) I received a letter from Baldwin (dated 10/30/09) stating he hadn’t received my letter terminating him until after he returned to his office that week. And revealed that he had made an appearance on my case. (this guy nor the court notified me of this) so I thought he was untruthful. But he wrote, that he had to file a withdrawal motion from my case & received the court order, before he’d return all of my funds but $1000. (he claimed to have been working on my case. If so, he did with out my knowledge and permission) that day, I wrote him complaining that id never hired him, because he never notified me about the settlement of the contract negotiations. I demanded all my funds back except $100 for his troubles.
What rubbed my indignation the wrong way was the two case laws printouts “chronological court filing list” he enclosed in his letter, in an attempt to lay a foundation like he done work on my case, to justify keeping a portion of my funds.
In response, on Nov. 3rd, I sent the court clerk a notice to prevent all actions and filings attempted to be made by attorney Jeffery A. Baldwin. Then on Nov. 4th I received a notice of “non- compliance motion” for the courts revoking my “subpoena motion” filed (Oct. 22). This meant Baldwin did in fact make an appearance on my case because the court will not allow a person to file pro se motions once a lawyer has made a “motion appearance” on their case. Until Baldwin was officially off my case, I had no power to litigate my own appeal by law.
SERENDIPITY OF DECEIT
In Baldwin’s attempt to swindle money from me by sending me case laws and the chronology of court filing (dated 9/29/02) like he was really doing work on my case. This is when I discovered on the “chronology of court filings” that the court on march 20, 2009 denied my “subpoena request for 12 witnesses, except the trial lawyer, appellant lawyer, and ex prosecutor. Among key witnesses excluded was Dakarai Fulton and timothy Gaither who both exonerated me.
Indeed, there was foul play with me never receiving notice of this ruling from the court. But if it was not for Baldwin tryna be deceitful in sending me that court filing list (which didn’t show an appearance by Baldwin then) I wouldn’t have seen this sneak shot coming, until I appeared for the hearing Dec. 16, 2009 - which would’ve been too late. Thus, Fulton and Gaither’s testimony would’ve been disallowed in further appeal proceedings if my PCR petition was not granted.
My only recourse, was to file the following motions:
Motion for immediate reinstatement for petition to proceed pro se due to attorney Baldwin’s fraudulent appearance: filed Nov. 9 2009
Granted Nov 17. 2009 and stated : (may proceed pro se)
Motion to withdraw PCR petition without prejudice: filed Nov 9, 2009 Granted Nov. 17, 2009 and stated (PCR dismissed without prejudice and Dec. 16, 2009 hearing cancelled)
Motion to compel attorney to produce clients file and deliver unearned retainer fee and or to set a hearing to compel attorney to deliver unearned retainer fee. Filed Nov 12, 2009. Denied Nov 17. 2009 and stated (petitioner must seek relief in court of civil jurisdiction)
What does that mean? by the withdrawing my PCR I stopped it from going forward due to the unfairness by the judge and attorney Baldwin. But I can refile whenever I choose again (which ill explain later) mean while, Minister Hayes did force Baldwin to give $4,000 of my money back on Nov 11, 2009. And I received the check Nov. 16 2009 to my prison account. This is great (thanks to Min. Hayes) J but now I must take Baldwin to civil court to sue for the $1,000 he stole. Truth be told, without Minister Hayes to locate and pressure Baldwin, he would’ve likely kept every dime until I proved he owned me in civil court.
THE GREATEST NEWS EVER
Amid all this madness there was an unpredictable rainbow that appeared.
On Aug. 19 2009, Leesa (the dedicated support who runs my website) received an email from a person claiming to be Dakarai Fulton, the exonerating eyewitness whom was last heard to be in a come since Aug. 2006. He claimed to want to come forward on my behalf, because God brought him out of his coma.
Leesa was skeptical that he was the real Fulton because she figured, “why not contact Leon directly than to email me?” and this made sense. By the time I received the news of this email in Sept. 2009 it overwhelmed me, but I had to keep a sound mind and not be blinded by my emotions: hope dope! So I thought hard about what to do next…hmmm…
Then I had Keith Anderson type an affidavit of Dakarai Fulton I wrote from info contained in his original police statement and accord to legal admissibility standards. By Oct. 12 2009 I received the typed copies of his affidavit. Now I was ready if the emailer was in fact Fulton
I then thought of long time local supporter Amy whom I hadn’t been in communication with in months. I wrote a letter on Oct. 15 2009 requesting she assist me in re-locating Fulton and have him sign the affidavit. Amy is a registered notary public of Indiana so she can legally certify documents for legal purposes I gave her the email address of the person claiming to be Fulton to contact him and possibly set up a meeting with him.
Surprisingly, on Oct. 27, 2009 after back and forth emails, Amy met with Fulton at taco bell restaurant in Indianapolis. There he keenly read and signed the affidavit and Amy signed and stamped her notary public to certify it J
I received this affidavit and letter from Amy Oct 30 2009. Happy! Was and understatement of how I felt upon seeing this singed affidavit with my own eyes. Amy expressed that Fulton is absolutely ready to testify on my behalf at court (Thanks Amy)
This news was major. Now its only a matter of legal process before I’m exonerated J
Because the “waters became too murky” for me to see my own nose I had to stand still (withdraw my PCR) and expose hidden enemies as things cleaned up. Now, I plan to refile my PCR petition in Feb. or March of 2010, by then ill have hired a private investigator to help my outside investigations (to secure key evidence) plus I will be able to change the judge on my case. Ill file motion to show this judge prejudice towards my case by her ruling (ie…, denying me access to key evidence and to prevent exonerating eyewitnesses)
Please remember: there is no hearing on Dec 16, 2009 anymore!
I express to you all in full sincerely that my withdrawing my PCR was the best move I could make (amid a lawyer with holding my financial resources and not replying to my letters and a judge making bogus rulings against me) they tried to hurt my case badly.
At this point, I will proceed prose the rest of the way with $4,000 I wont be able to get any real legal representation. Move over, I know my case better than any one - its time I give myself breath basically ill refile everything all over again, especially the “petition for new forensic fingerprint testing” because ill win this argument hands down (just be patient Dr John Bond) due to me having everything ready to refile, the PCR proceedings will go much quicker. We got’em y’all! J
I still need all of your support out there. Even more now than before. Keep your morale high. And believe and trust in me (because I’m not complaining about what I don’t have - I’m doing what I can with what I do have and I’m doing the damn thang at that, but not with out your help)
Continue to fundraise and spread awareness of my innocence case. Allow you visions of my exoneration to remain in your hearts and minds. I thank you all sp much. Happy holidays, id like to hear from you if you have any questions ect…
THE STEEL MONGOOSE
L.B Nov 22, 2009 @ 8:10pmSept. 25th, 2008 & stated reason: (none)www.myspace.com/freeleonbenson) In this instant, I’m referring to a corrupt judge & a would be attorney. Its time they are exposed. And in doing so I will explain the status & the direction I’m proceeding with my case. Please read the following carefully.
“Image: The matador & Bull. It’s large, it’s stare is intimidating, & it’s horns can pierce your flesh. Attacking it & trying to escape it are equally fatal. Instead stand your ground & let the bull charge your cape, giving it nothing to hit, making it’s horns useless. Get it angry & irritated - the harder & more furiously it charges, the faster it wears itself down. A point will come when you can turn the game around & go to work, carving up the once fearsome beast.” - R. Greene, The 33 Strategies of War
As you all know, I had a critical Discovery hearing on Aug 19, 2009 in regards of my Post-Conviction Relief appeal pending in Marion County Superior Courtroom # 2 (in Indianapolis, Indiana).
Well, on Aug 17th I was transported to Marion County Jail from the SHU of WVCF. I was hand cuffed & shackled, placed on a Marion county paddy-wagon van; where everything was made of metal & there were no windows, nor ventilation. And I was under these conditions the whole 3-hour drive. The ride was so long because transport officers stopped at the Indiana State farm prison to pick up other prisoners.
“Man!” with the addition of 10 more prisoners in the back of the paddy wagon. It quickly became hot & difficult to breathe. But I ignored the conditions because I was determined to get to court. I admit tho, after we arrived at the Marion county jail & was finally let out the paddy-wagon, I was happier than a butterfly bursting out of the cocoon for the first time. J
THE JAIL PROCESS
After going in the Marion County Jail intake, every prisoner was unshackled & cuffed, the given jail uniforms prisoners with a sentence under 50 years were dressed in orange, but those like me with 50 years or more were dressed in red. However, if any prisoner had a high profile case or history of escape they were dressed in red too. And all the reds were assigned to cell block (4-I).
While waiting to be taken to the cell block, I had the chance to interact with other prisoners face-to-face with out being handcuffed - for the first time in five years. It felt strange to me at first, so I remained observant & reserved the first hour or so. Then I started to unfold & converse more.
Marion County jail had changed its operations from the last time I was there. And the guards attitudes were different too, that is, more disrespectful & aggressive towards prisoners. Before I could make it to the cell block, I, as well as other prisoners were threatened to be “tasered” by guards (3) times for talking loud & asking too many questions. And I thought the SHU was bad? Marion county Jail is giving the SHU a run for its money in oppressive guards & procedures.
By the time I made it to the cell block it was after mid-night. And everyone was locked in their single-man cells. But a brotha names Telly Gant from the SHU too, was awake to greet me.
In the cell block, there were twenty single- man cells, two phones, a T.V (in a protective box), & a shower area. Including me, there were only five others prisoners. We were let out of the cell onto the range with access to phones, T.V, and shower at 6Am-to-11PM. I was happy to walk around outside a cell for a change.
But my small liberation from the SHU was nothing compared to my business of the Aug 19th, 2009 Discovery Hearing. So I kept my legal documents organized how I intended to present them & my argument in court.
THE DISCOVERY HEARING
The day of the hearing I was overwhelmed with nervousness. But I knew from my studies of law that all my requests from the court should be honored.
The hearing was scheduled for 9AM, so guards escorted me from the cell block around 7AM. I & twelve other prisoners going to the same court room were shackled in a chain-gang. I was the only prisoner in red & at the front of the line - we probably resembled an orange centipede with a red head marching in the underground tunnel leading to the city county building.
Once in the county building, we were uncuffed 7 placed in a holding cell behind the court room. When guards sealed the solid-cell door the prisoners started talking about their cases & charges. Many of them (were like I was 11 years prior) didn’t understand the legal system & was confused. With me being the only guy in there from prison they asked me endless questions on how they should handle their cases. I done what I could.
In fact, I prevented a 22 y/old kid from signing a “45 year plea bargain” the public defender tried to give him. When he only had a “B” felony, which only carries the maximum sentence of 20 years. I told the young brotha to be patient & not to sign his life away.
Soon enough I was called into the court room. When I walked in the court room I could tell it had been upgraded with digital clocks & laptop computers, but it was the same room where my freedom was murdered 10 years before. It seemed like I could see my murder trial still going on, with all the usual-actors. But this day-mare fizzed into the reality before me. As I made shackled paced steps to the defendants table, I noticed some familiar faces in the spectator seats. It was my sister Chevon & Valerie, my kid’s mother San, & Minister Ruth Hayes (of the NAACP Indianapolis chapter). They all met my eyes with smiles. This gave me a sense of calm. (if other supporters showed up, Thank you). At the table I laid out my legal documents I would need during the hearing. I looked to my right at the states table & I saw my adversary: A mid 40’s-early 50ish white dude with glasses, brown hair & thick mustache, heavy set, wearing a typical grey-office-suit. He had a lap top in front of him. The judge was a white female who resembled the lead actress who played in the movie ‘Aliens’ She was not the normal residing judge, but a fill in magistrate. It seem liked she begun the hearing immediately after I sat down:
First Issue Addressed: “Motion to reveal Agreements Entered Into Between The State’s Witnesses.
The state immediately claimed that there were no deals made with state’s witnesses for their testimony in my trial. And when I questioned the State about any deals made to a particular state’s witness, who had a pending trial for a “criminal diversion” charge 30 days after my trial they testified in, the State played dumb. And the judge cut my questions short by ushering me to the next issue.
Second Issue Addressed: Pro se “Petition For New Forensic ‘Visualization of Latent Fingerprints” Testing of recovered Bullet Cartridge Casings.
By now I was riddle with uncertainty. It seemed like my voice was muttered & small. Again the State started their argument first. But this time he seemed to be rambling on about a bunch of irrelevant, non-sense, in rejecting Dr bond’s new forensic fingerprinting technique & how if prints were found on bullet shells it wouldn’t change the outcome of my trial, due to eyewitness testimony. And the more he spoke, the more I grew confident of my studies of Indiana law so I said, “I OBJECT YOUR HONOR! THE STATE’S ARGUMENT IS IRRELAVANT TO THE ISSUE AT HAND. THE ISSUE HERE IS FOR ME TO SHOW DR.BOND’S SCIENTIFIC PRINCIPLES ARE RELIABLE IN ACCORD TO INDIANA EVIDENCE RULE 702(B), IN ORDER FOR THIS COURT TO ALOW HIM TO TEST THE BULLETSHELLS FOR PRINTS!
And the judged agreed with me. This was a very empowering feeling for me. My chest was so warm with pride, that it could’ve burned a hole in my shirt. J the judge let me continue to argue my points until she stopped the proceeding looking toward the spectators seats at Minister Hayes, to rudely say, “mam could you stop shaking your head in agreement with the Petitioner because it’s really beginning to irritate me!” In a shocked look Minister Hayes agreed to stop nodding her head before the judge says, Thank you!” this unnecessary show of Judicial power by the Judge appeared to be an act of contempt towards me & my support. I continued with more passion. I mentioned that I was introducing Dr. John Bond’s signed & notarized affidavit. The State objected, claiming the affidavit was not properly certified. But I countered by stating that, “In the country of England, the law allows “police superintendents” to notarize/certify legal documents, passport, gun licenses etc… by their signature & whomever discovered to be untruthful before his oath is subject to criminal penalty.!” the judge overruled the State’s objection & accepted Dr. Bond’s affidavit. And for this I smiled so hard my face got cramped J
* further more, the judge said she would evaluate all evidence I presented. And requested that me & the STATE submit a “findings of facts & conclusions of Law Motion” by Sept. 18th, 2009, before she decided if she’ll allow the bullet shells to be sent to Dr. Bond’s Northamtonshire Police Lab to be tested.
Third Issue addressed: “Subpoena Duces Tecum of Case Detective & Homicide File”. Strangely, the Judge tried to end the hearing without addressing my request of exculpatory (or exonerating evidence) from the police. When I spoke up, “Wait a minute your Honor, we’ve not addressed my subpoena of evidence never turned over by the police!” the Judge went into defense mode for the State.
“Are you saying the police didn’t turn nothing over to your trial lawyer?”
“No. But they didn’t give him Christy Schmitt’s 911 call statement, nor her statement made to Detective Vanbuskirk on the scene 15 minutes after the shooting!”
“But if you didn’t get the discovery evidence, how do you know this evidence exists?
“Because I have Detectives Vanbuskirk’s inter department memo, of what Schmitt stated in a tape recording, but in Vanbuskirk’s own words”…
“No, No, No! I’m not allowing you subpoena the Detective or the homicide file to fish around for straws! the Judge stated bodly.
“But Judge this evidence contained in police possession can uphold the highest interest of justice & my innocence!”
“I’m sorry I’m not going to allow it. Question your trial attorney during your PCR hearing of why he didn’t ask for the evidence. “the Judge concluded. But this was illogical, because if I don’t have the exact evidence the trial attorney should’ve requested before the PCR hearing, how can I properly argue incompetence of the trail attorney or “Brady violations” of the State?
Despite the obvious unfairness of the Judge I remain poised with my future moves in mind. So I humbly said, “Ok, Thank you your Honor!” before gathering my documents & making my shackled walk out the court room. It pays off to matador bullshit sometimes.
I walked away from this hearing feeling empowered to have represented myself Pro se for the first time in court. My morale is high. However, days after the hearing & during my ride back to the SHU on Aug. 21st, I realized that the court will treat me even worse in proceedings to come. The courts don’t Honor a Pro se prisoner, no matter how right she or he maybe in their case. This is no surprise. Our next move is vital. And because I’m in the middle of the battle, its time WE hold our cards close to the chest. So I’ll reveal none of my war secrets here, because our adversaries are spying.
CONCLUSION: Matador - Matador!
This Discovery Hearing could have been worse. We must build on the momentum we have, and chance nothing, my close supporters; you know my next move from the letter you received from me & Keith Anderson recently. Please help me materialize that aim!
Thank you for your support & prayers. We’ve come far but have a way to go. When thinking of that analogous beast/ Minotaur of a corrupt justice system, remember this:
“However desperate the situation & circumstances, don’t despair. When there is everything to fear, be unafraid. When surrounded by dangers, fear none of the. When without resources, depends on resourcefulness. When surprised, take the enemy itself by surprise” - Sun Tzu, THE ART OF WAR
Thank you for your time.
Still fightin’ 2 the bitter end
Leon Benson 8/25/09 @ 11:06
By Leon Benson
“ Money is one of the most powerful tools we have.
Although it’s wise to remember that money can be
Seen as a root of greed; it’s wiser to place
More emphasis on moneys power for good when
Placed in the right hands, for the right causes
& movements” – Lee Bently 448, 2009
To whom this may concern: Present supporters of Leon Benson’s freedom campaign & General Humanitarians.
May this memo reach you all in blessed health & mind.
For those of you who may not know me, my name is Leon Benson, & I am an innocent prisoner in the State of Indian (USA). I’ve been imprisoned the past 11 years; of which I’ve declared my innocence from day one & first embarked on a public freedom campaign (in 2002) seeking assistance.
I started from scratch, without a clue of how a freedom campaign operated in practice or theory. And I’ve endured many trials & errors trying to organize from an isolation cell, through correspondence & phone conversations. Now I’m more experienced of how to effectively organize; even while being physically shackled.
In 2006, a major break through occurred for me. I was contacted by a Leesa Taylor, a common folk, humanitarian, & advocate against injustice & the prison industrial complex. She read of my struggles for justice & freedom & asked could she help. I accepted. And Leesa created an online platform that gave me a chance to consistently communicate with the world of my false conviction & aims to correct it. Eventually, Leesa’s work bloomed into the construction of an entire website dedicated to my case see (www.freeleon.com)
This website has helped me gain a lot of support world wide – it’s been an indispensable tool. And today I’ll attempt to use this tool to its highest potential: to inspire organized action from the public.
Through combined effects of I & others, since going Pro se on my Post-Conviction Relief appeal in 2007, I’ve made great progress in constructing many elements in my PCR legal issue.
I’ve drafted a Pro se – PCR petition on my own, located key witnesses, & discovered New evidence that may exonerate me altogether. (see case update blogs #7, #8, #9, #10, #11). However, I need an attorney to take over my case.
Why? Though my case is beyond compelling as it is with me representing myself in court. It’s foolish to represent yourself in any legal action (if you can help it); due to problems of being objective from personal attachment to the case & the biasness court officials have against Pro se lawyers. This bias is especially true towards Pro se prisoners like myself.
To fully safe guard my exoneration attempts, I need a lawyer to talk over my PCR case.
So far through donations from Valerie Buford (USA) Steven Willet (UK) & Sigrid Davies (Ger.) I’ve $5,000. And I have contacted at least fifty (50) different lawyers nation wide requesting legal representation for the $5,000 sum. Of course, I was repeatedly turned down because on average, lawyers sought $10 - $12,000 & refused to take my case for the amount I had – though they always commented that I had a powerful case.
From these efforts, I concluded that I must initiate an organized “fundraiser campaign” action to gather the additional funds needed.
ACTION NEEDED FROM YOU
I Feb. of 2008, the For Change booklet was created by supporters to outline why certain sums of finances are needed. Review this outline on this site. But herein, I need your sincere action on my behalf to help raise funds the following ways:
Ø Also, if you’d like to make your donation with more ease & speed, contact Keith Anderson the fundraiser supervisor by email (firstname.lastname@example.org) & make PayPal arrangements.
Ø Fundraiser flyers – please download the fundraiser flyer from the site or my myspace page & make as many copies as you can & pass them out in your communities, (post them in churches, the mall, on telephone poles, in stores etc…) mail or email them to your friends & those you feel will make a contribution.
Ø If you don’t have printing equipment &/or if you’d like to save on printing cost, contact Keith Anderson at (email@example.com) (mention Leon Benson & I’ll receive a commission) & he will convey the following flyer bulk cost & shipping to you:
· For 250 copies (8½” x 11”sheets) $9.75; or for 250 copies (5½” x 8½” sheets) $5.15 + shipping cost.
· For 500 copies (8½” x 11” sheets) $19; or for 500 copies (5½” x 8½”) $10 + shipping cost.
· For 1000 copies (8½” x 11” sheets) $35; or for 500 copies (5½” x 8½” sheets) $18.75 + shipping, additional 100’s print beyond 1,000 is $3.54 (8½” x 11”) & $1.85 (5½” x 8½”) per 100.
This discount printing will save you money in assisting this fundraiser movement.
The more people this flyer reaches, the more chances we have to raise the proper funds.
Please! I need all my available supporters to put forth action in the efforts. And I need the efforts of any available person out there to help as these actions are inexpensive, yet powerful in assisting me to secure a lawyer before my PCR hearing Dec. 18, 2009
This money raised will be placed in good hands for the right movement: my exoneration for false imprisonment. Follow my above suggestions & in doing so “join the movement”.
I’m only requesting your help because I absolutely need it – my entire future is on the line. So please waste no time in getting involved. All efforts are appreciated in advance.
Thank you all for your time I believe we’ll accomplish this goal with ease.
Leon Benson @ 10:27 pm 5/28/09
I have great news & some scientific facts of my innocence to reveal to you today.
Well my brother, Roderick Benson, has recently joined my campaign. We had communication problems in recent years but have since put the bumpy road behind us.
Roderick isn’t wealthy, he has a family of 4 to take care of, & his work schedule keeps him from being as committed to my case as he would like. However, he promised to do what he can to assist me within his means. I respect that.
Well he hired Geoffrey R. Loftus, an eye witness identification expert, whom still teaches at the university of Washington in Seattle, WA. In 2004, Lofts & Erin M. Harley created a scientific study, “why is it easier to identify someone close than far away?” in which, they discovered that a person with 20/20 vision ability to recognize a face drops to zero at 110ft away in day light.
I sent Loftus an “overview” of the identification factors of my case. The “overview” package consisted of actual court documents, statements, & diagrams of the crime scene.
After Loftus gave a through examination of the facts of identification factors in my case, specifically concerning state’s witnesses Schmitt & Brooks, he submitted his notes to my brother.
I received Loftus examination notes May 4th, via Roderick’s J-letter email. What I saw amazed me. and these were just his notes & not the full case report. Here I want you to see portions of Loftus notes concerning my case:
#1- Pg.1 of Loftus notes, it depicts a recent photo of the crime scene from overhead & on the street level courtesy of Google- Imagery-maps.
# 2- Pg.5 of Loftus notes, here he used the actual photo lineup used in my case & applied his Vision &distance analysis of what Brooks would’ve been able to see from 100 ft away at night or day.
Remember: Brooks never claimed to see the actual shooting, but claimed to see me & others on the crime scene after he heard shots, while he looked from an apt. window (see pg.1, of Loftus notes, Brooks claimed to be in the apt. building on W. 14th St. & Pennsylvania St; the building in the street level photo)
Factors to consider: (a) due to street light, though they were obscured by the trees underneath it on the W. 14th & Pen. Corner (see pg.1, the street level photo), the lighting is some where between day & night. Thus Brook couldn’t recognize no ones face from his position. (b) when you look at Pg.5 of Loftus Distance representation, you must realize that it depicts what an observer with 20/20 vision could see from that distance. Brooks vision is very poor without eye glasses, he testified that he was not wearing eye glasses the night of the crime because he lost them.
(C) Conclusion: Brooks lied about who he saw on the crime scene.
#3 - pg.6 of Loftus notes, again using the actual photo lineup used in my case & applied his vision & distance analysis to it of what Schmitt would’ve been able to see from 147ft away at night or day.
(see pg.1 Of Loftus notes, Schmitt position was exactly on the West side of Penn. St, it’s just out of view on the street level photo, but on the overhead view you’ll see reddish tree leaves’ that’s where Schmitt was viewing the crime)
- My name is Leon Benson and I am a 31 year old African American man, who has been an innocent prisoner in the state of Indiana struggling to obtain my over due exoneration the past 7 years with no luck. I am falsely convicted of the crime of murder. The reason I say "falsely" opposed to "wrongly" convicted is due to the fact "wrongly convicted prisoners" are still guilty of their crime, but there exists a technicality in the legal trial process (i.e. basically the state went about the wrong way to convict them, which is wrong according to the U.S. Constitution, because it states all individuals must receive a fair trial) but to be falsely convicted means, the prisoner is absolutely innocent of the crime they were convicted of -
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- ▼ September (20)