Smoking Gun

Monday, August 11, 2014

Good afternoon:

Voila! A smoking gun that reads like a manner-and-means section of a conspiracy indictment in federal court.

Page 1: https://www.flickr.com/photos/66500846@N05/14878116961/
(Note the September 27, 2007 fax stamp at the top of the page and the defense attorney’s Bates stamp in the bottom right-hand corner)

Page 2: https://www.flickr.com/photos/66500846@N05/14694518239/in/photostream/

Page 3: https://www.flickr.com/photos/66500846@N05/14901028283/in/photostream/

This is a draft of a three-page supplementary order on suppression that the prosecutor, Jim Harris, faxed to Crane’s defense attorney, Chris McNeil four months before trial on September 27, 2007. This order purportedly supplements a previous order denying the motion to suppress.

The draft order contains a set of proposed findings of fact that contradict what the 911 caller reported to the dispatcher and the sworn testimony of Deputy Eddie McGuire, the arresting officer and sole witness at the preliminary and suppression hearings and before the grand jury.

This scripted new set of facts was introduced at the trial without objection by Crane’s defense attorney who did not cross examine the 911 caller or the arresting officer about their prior inconsistent statements. The most glaring inconsistencies were:

(1) The 911 caller testified at trial that Crane asked him if he knew where she could buy heroin, but he told the 911 dispatcher that she was writing stuff down in a notebook and having a conversation with a neighbor in the neighbor’s yard which she mentioned something about tar heroin and all that stuff. He wrote out a statement the next day in which he never mentioned heroin or any other drug and said he had a conversation with Crane about where to acquire barrels to use as planter boxes.

(2) The arresting officer testified at trial that he did not pull her over; rather, he noticed her slow driving with her left-turn signal on as he approached her from behind. As he drew near, she pulled over into the emergency lane and stopped. Because her driving was suspicious, he pulled in behind her to stop and investigate. However, he testified at the suppression and preliminary hearings that her driving was okay and he pulled her over because he thought she possessed heroin. Her lawyer did not cross examine him about his previous testimony that he stopped her.

He also testified at trial that, after he arrested and transported Crane to the hospital for a blood draw, he saw a plastic baggie containing an apparent controlled substance in plain view in the seat-belt crack next to Crane, who was sitting in the back seat on the driver’s side of his police cruiser with her hands handcuffed behind her back. He said her watch was also in plain view next to the baggie. However, he had previously testified at the preliminary hearing that he found the baggie under the back seat after she told him that her watch had fallen off her wrist during the transport and slipped behind the seat. She asked him to retrieve it for her and he found her watch and the baggie after he moved the back seat. He also admitted that he could not have seen the baggie and her watch without moving the seat.

Before the arresting officer handcuffed Crane and placed her in the back seat of his cruiser, a female officer searched her and did not find the baggie containing the suspected controlled substance. She searched Crane thoroughly at the scene of the stop, including searching her pockets with her hands and visually searching her breasts and crotch in full view of passing traffic.

At the request of the prosecutor and without objection from her defense attorney, the trial judge prohibited the defense from mentioning Crane’s request to retrieve her watch. He also did not cross examine the deputy about his prior inconsistent testimony that her watch was not in plain view.

A toxicological analysis of Crane’s blood sample (drawn after she was pulled over, searched and arrested) using gas chromatology and mass spectrometry (GCMS) detected no drugs or alcohol.

Nevertheless, the jury convicted her of DUI, possession of crack cocaine and tampering with evidence. She was sentenced to 8 years in prison.

The draft supplemental order, which uncannily predicted the material changes in the 911 caller’s and the deputy’s trial testimony 4 months before trial, was filed 3 days after the trial concluded.

Chris McNeill told Crane and me that the judge issued the order sua sponte (i.e., on his own) and he had no knowledge about it until he received a copy from the clerk’s office after the order was filed.

Although I asked him many times to file a motion to set it aside for relying on the scripted trial testimony, he never did.

To this day, he continues to deny that he knew about this order before it was filed.

I described the draft of the supplemental order as similar to a manner-and-means section of a federal grand jury indictment because it showed the manner and means by which the prosecutor and her own defense attorney conspired to rig the outcome of her trial.

Her defense attorney’s role in the conspiracy was to assure a guilty verdict by not cross examining the witnesses and by his denial of any knowledge of the supplemental order until after it was filed and his refusal to file a motion to set it aside.

Chris McNeill should be disbarred and prosecuted for conspiracy to violate her civil rights.

Stay tuned. In our next post, we will take down the crime lab.

This is our 1175th post. If you appreciate what we do, please make a donation.

Thank you,

Fred

8 Responses to Smoking Gun

  1. eric says:

    What can be done about this?

    • Malisha says:

      For years (about 55 of them) I believed that there WERE things to be done about corruption, conspiracy, unlawful and/or illegal behavior of government employees, etc. etc. etc.

      It took me soooooooooo long to understand that all those avenues I followed so carefully, all those procedures I followed, all those fees I paid, all those “i”s I dotted and “t”s I crossed, were only used to keep me busy, to make my discouragement come on gradually rather than having a rage come on suddenly (which might have what THEY consider negative effect), and to ultimately make me think something HAD been done because I had gotten a couple of kiss-off letters or the like.

      NOTHING … NOTHING … NO-THING…

      is to be done about all this because all this is exactly what the people in power WANT to happen.

      Power concedes nothing and nothing will change.

  2. Two sides to a story says:

    “Chris McNeill should be disbarred and prosecuted for conspiracy to violate her civil rights.”

    Indeed he should.

    There is far too much real crime and corruption in America that needs attention. No law enforcement agency should ever drum up “business” through deception and conspire with prosecutors to put innocent people in jail. What a crock. This must stop!

  3. aussie says:

    What means are available to you to actually get results from this? is there any level of court left that is clean enough to actually consider facts?

    • We have experienced nothing but corruption in the courts of Kentucky from the circuit court to the Supreme Court. Seeking justice in this legal system is a fool’s errand. Because we are writers, we have decided that our only effective remedy is the Court of Public Opinion via the internet.

      Some people are determined to prevent that from happening and that is why we are moving.

      • Two sides to a story says:

        Stay strong and do it. I think that’s the only recourse that Americans have now on many issues – either hit the streets or keep writing, or both.

  4. Malisha says:

    It is an absolute outrage and it happens every day. AND if you say to people that this happens (even ANY day much less EVERY day), they refuse to believe it and they say that you are a “conspiracy theorist” as if that in itself makes you wrong. Interestingly, the “conspiracy theorist” charge is a recent invention; in the 50s, 40s, 30s, etc., speculating about conspiracies was not considered a sign of non-credibility.

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