Thaddeus Hamilton
A Victim of the California Injustice System
July 1, 2003
I will contribute anything I have to further my cause as well as show
some thought in how to deter hide from falling into their traps. Anyone
is susceptible to this type - Mis identification - of this regime.
Over the years of my imprisonment of Mis-Carriages of justice has been
mounting but also with the new implementation of the so-called new finger-printing
technology - D.N.A. - the number of innocent men that have been found
innocent is refreshing in the since that it lets people know that the
system is flawed in a major way. I didn't recognize this until I was caught
in the trap and its hell to get out of especially when you are claiming
innocence!!! I'm not any choir boy but what I've been convicted for is
truly beyond me and it baffles me today as vivid as it did in 1985 when
my life changed dramatically!! Most of my arrests were of minor offenses
- under the influence, burglary and one assault in which it was self-defense
I even had a grand theft. My crimes were mostly against myself in being
under the influence - Health and Safety Cod. - I have nothing in my rap-sheet
that consists of anything heinous, maliciousness or truly maiming a person.
I have no robberies, possession of guns or drug - distribution. I have no
criminal activity that consist of violence. This flies right the face of
what I've been convicted of sexual assault, kidnap, robbery, brandishing
a firearm all together it was twenty-five felonies that entails two separate
crimes.
On July 26, 1985 my brother, myself and my play cousin were stopped
for a traffic violation. The car was my play cousins, now he did not have
a valid drivers license. As a matter of fact he didn't have any license at
all so at that point we were detained. I was in the back-seat, my brother
was the passenger. We were under suspicion of what I don't know by the time
we've gotten to the police station we were charged with robbery. Well, I'm
the middle of fighting my original charges which I was acquitted on. They
charged me with numerous violations which, consisted of some major shit. The
night that we were detained and at the police station, a detective, Scot Carol
was asking me questions concerning a rape, kidnap and numerous other criminal
behavior. I denied all the charges because I truly didn't know what he was
talking about as matter of fact I used some expletive language. I told him
I had more hoes than cheese had ass (big smile). That was the youngster in
me telling that. I was having sex with five different women and working on
six and seven. I'm not proud of myself but, that's what was going on in my
life at the time. I hadn't been released from Susanville Conservation Center
doing about nine months that was enough for me. Well anyway without a lawyer
he, detective Carol took photo snaps of me that night and I was more than
confident that he had the wrong man. I was so sure that I agreed to the picture
with full cooperation at this point I was only guilty of giving a alias which
by law your able to do - mind you I found this out later.
Well I didn't hear from the detective for a short time but I was appointed
a lawyer Silvie Rodriguez and when she told me what they were charging
me with I almost went out of my mind. Well my attorney, I believe a week
later excused herself from being my lawyer stating a conflict of interest.
I was then appointed a new lawyer Dominic P. Eyherabride.
Later when I found out that the victims didn't positively identify
me. In the case where the kidnap, sexual assault took place a lady identified
a person who was very short, 5'3" to 5'8", light mustache, no beard and
wearing a baseball cap. She stated that my eyes might have looked like the
perpetrator. Now the sixteen year old girl that had the closest contact
with the assailant didn't identify me as her assailant. Another occupier
of the van stated that the assailant was very short 5'3", which she stated
was about her height. Everybody in this crime agreed that the assailant
was a short person.
This is what was said to have happened at this crime scene. A lone
man rode up on a bicycle and approached this van, which was parked at
a Poppy's Chicken. Supposedly he approached the van to the driver's side
and asked for a street called Elizabeth which the driver, I guess, couldn't
understand, so he approached the passengers side stating the same thing
at this time he brandished a gun. Now he's at the window talking to the
lady that said my eyes could have looked similar now this same person
said that the assailant touched all around the van, both doors. After
brandishing the gun he tells them to open up the sliding door to the van
when he approached he then put the bicycle in and he himself closed the
door again touching the door knob. This same woman at the prelimary hearing
stated that the assailant touched all around the van as well as inside.
When questioned about that she panicked when my finger prints didn't show
up.
This crime happened on the 21st of July. Now this other crime happened
on the 22nd of July. this crime consisted of approximately four persons.
These people which consisted of two couples were at the place called the
Funny - Farm. When they exited and were sitting in their car a person rode
up on a bike approached the driver side and asked for Elizabeth street,
which the gunman forced himself on them by pressing the driver between
the seat and steering wheel in which I suppose the lady's were in the back
seat. Well the gunman with his gun robbed them taking jewelry and allegedly
groped the woman before he left. Now the people at this crime scene never
identified my photo as the prep. Again they also stated that the perp was
of short statue. They again attended a line up they did not identify me.
My height is 6'2. the night I was arrested I had a full - goatee and the
lady of the first crime said the assailant had a light mustache.
Anyway in July of 1986 I was convicted of those crimes. I want to share
something with you, the Judge in my case - John M Nairn stated on record
my conviction could have been a mistake - wow- didn't do me a bit of good!!
Well after being sentenced and shipped of to prison - Folsom State Prison.
I know I was in for the fight of my life.
Well my case landed in the Appeals Court and in 1988 after presenting
nine or ten legitimate arguments they reversed my case in point - which
means they on reversed it because of John M Nairn statement that my conviction
could have been a mistake. In April 1989 the 14th I was to appear in court.
The time that I was in Folsom was spent in a law library trying to help
in my substantiating my innocence.
Well at that time I ran into some situation pertaining to D.N.A. it
wasn't wide spread in the 80's but I saw this as my freedom ticket. Much
to my surprises when I appeared in court I told my lawyer Dominic Eyherabride
to put in a motion that I was willing to submit to a D.N.A. test. This
was in 1989. My motion was denied. So thinking on my toes I told my lawyer
to motion the courts to preserve all evidence in my case. At first the judge
denied it. And at that point I was really devastated because. I know without
a shadow of doubt they were plotting against me. So while a Tehachapi State
Prison waiting to go back to Folsom a letter arrived to me stating that
my motion for Court Order was granted with the inclusion of monetary funds
of up to five-hundred dollars for a finger print analysis. Well after going
to the California State Supreme Court and that Court denying me relief. This
took place between 1990-1991.
In 1992 I acquired the address to the project called Creative Ministries
which, didn't help because, I had prison contact with the law enforcement
so that went up the creek but, they referred me to Barry Sheck who you
know heads another Innocence project. Well in 1994 Barry Shack and his
students took my case. Well O.J. Simpson got in my was so after that fiscal
they got to me. This totally broke my heart. Well they went to retrieve
the evidence from the Bakersfield Police Department. The next time I heard
from Barry Shack was in 1997, that's when I found out that the evidence
in my case had been destroyed. Now ain't that convenient? Therefore violating
the Court Order. I think this is where I have them at because if I'm convicted
this is a Constitutional blunder in a big way.
I just need the right people to fight this for me. That was lungful
(big smile). this has been a travesty of unlimited degree on top of that
I received life plus sixty two years, ain't that something!! Well I try
to stay upbeat it because my creator allows me to do so. I'm not religious
but I'm very much a Spiritual Being. I've even practiced Qan which was very
enlightening. Being true to for I'm of the belief that the Creator is making
a way for me to be freed. Katja now you, my crazy brother (big smile). Whatever
I can do to help I'll do what it is you need me to do. I wish I could send
money but since no longer employed I can't help. My family is on one of their
trips we corresponding with them is like having a conversation with a brick
wall. They won't send me anything so I tough it out. What they don't understand
is that for me it doesn't take much. I've survived for the last eighteen
years being incarcerated for something I didn't do so a little something
will go far for me. But that's okay because a way will come.
Easy Lee I feel that you cared for me enough to write me a truly show
compassion and what I say is just because I'm really feeling you and Katja
because you humanness in being displayed in which you are showing compassion
for others. For one thing I don't want you to die, secondly please diet
better it's good for your arthritis and thirdly your too valuable to this
cause. If there was medal to give you guys by my standards you would have
them.
If you need me to write to anybody and I do mean anybody just holla
- I'm your crazy black man from the hood (big smile). Well my Beloved I
think at this point I've said enough but if you need me to do anything on
this end please ask. And Please take care of yourself.
Hi Carmen.
Forever,
Me
© Copyright 2003 Thaddeus Hamilton
Thaddeus Hamilton C-94517
PO Box 500 2T-124
Jamestown, CA 95327
Poetry by Thaddeus Hamilton
Essays by Thaddeus Hamilton
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