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I really haven’t been in the mood to blog much lately. I have at least a good five things to write about that I need to clear out of the queue, but various personal and health issues have made it really difficult to focus on blogging.
A page on americaswronglyconvicted.com details the rather upsetting tale of Robert McClendon, a victim of perjury. It’s a very long narrative and if you have any sense of fairness and justice it’s likely going to be a very upsetting read.
But it gets even better (worse?). Linked from the narrative, early on, is this report from KHOU-TV dating from 2008.
I’m horrified at the difference between the two cases. Perjure oneself for the prosecution, one gets away with it. Perjure oneself for the defense, get nailed to the wall, in this case for aggravated perjury. (For those who don’t have valid law nerd cards, in Texas, aggravated perjury is a third-degree felony; simple perjury, where the statement is not made during or in connection with a simple proceeding or is not material, is a class A misdemeanor.)
Where’s the fairness here? Isn’t perjury the same crime, no matter who is affected? It makes no sense to call what the system dispenses “justice” if it’s not just. Letting perjurers get away with their crime when the end result is innocent people take up prison, parole, and probation spaces needed to handle real criminals, is patently devoid of any sense of decency or scruples. It’s un-American. No, I’ll go farther than that, because this happens in countries besides the US. I think the word is “inhumane.”
A Complaint Against The Harris County, Texas Family Violence Section
This is being republished by permission. It is convicted person's family email discussing how someone was mistreated in Harris County, Texas. These people felt so strongly that they hired someone to fly a banner over the Courthouse to display their message.
Family violence is a serious offense. It destroys families, mentally devastating the abused. The abused could be a spouse, child or a live in partner. It has become so serious that the Harris County District Attorney's office and the courts have taken a zero tolerance for the offense, many times with the perpetrator being sent to prison, which should be done.
But, what happens if a person is falsely accused of family violence? What happens if the only evidence is the testimony of liars, no other evidence, and those lies eventually conclude to convict an innocent person for a crime they did not commit? They become victims of the system. They are not only humiliated by the arrest, but they are further degradated by having been stamped with a felony, can't get a job or even find a decent place to live.
No one will listen to the begging of an innocent person that has been convicted of a crime they did not commit. They turn a deaf ear to the cries of desperation from that person. They are shunned by family and freinds. They find it hard to have a relationship or trust in people. Their finances are drained, along with those of their family, defending them for a crime they did not commit, making every attempt to right the wrong.
This is exactly what happened to a man in Harris County that was convicted of a crime he did not commit. He was convicted strictly on only testimony, no other evidence, which contained many discrepancies, some as to be so blatant to include, "He had a gun.", "He didn't have a gun." while referring to the same event. Did this stop the prosecution? No. The prosecutors, Lynn McClellan and Rifian Newaz continued the prosecution, ignoring the perjured testimony.
Since the final conviction in September of 2006, evidence has been presented to the Harris County District Attorney's office many times. Many emails were sent to the afore mentioned prosecutors, along with letters to Patricia Lykos, the Harris County District Attorney. Was a "proper" investigation done after that? In an open records request on the one an only "investigation", Scott Durfee produced only three pieces of papers, one which was a background check on the wrongfully convicted's brother. Nothing else.
In February of 2010, writings surfaced, most of which were certified to be the writings of one of the people who conspired to set up this innocent man. There is also other writings that contradict what was said in the court room. Again, all this new evidence was presented in a habeas writ to Judge Velasquez, whose only "gift" on the writ was to terminate this man's probation early after most was already served, allowing the conviction to remain.
Next, a letter was written, again, to Patricia Lykos, asking for a meeting on this new evidence. There was no response, which has been typical of the behavior exhibited many times by the Harris County District Attorney's office.
That is the reason we decided to tell everyone possible in the Houston/Harris County area. We have hired a plane, pulling a banner, that states, "HCDA allows perjury to convict the innocent." We want people to know what they have done and will do nothing about prosecuting the persons who committed Aggravated Perjury in their courts, which is a felony, and will do nothing about it, even though the evidence is there.
We invite everyone to attend the event, which will happen on Wedday, January 19th between 11:00am to 2:00pm. We want to have people who have been wrongfully accused/convicted by the Harris County District Attorney's office, especially those people who have been wrongfully accused/convicted based on perjured testimony. Please bring your video cameras, as we want this event recorded, to let our government in Harris County know that this behavior to convict at all costs, to include the innocent made victims by the system, will not be tolerated.
http://newbreedofdomesticviolence.webstarts.com/a_new_breed_of_domestic_violence.html
This is being republished by permission. It is convicted person's family email discussing how someone was mistreated in Harris County, Texas. These people felt so strongly that they hired someone to fly a banner over the Courthouse to display their message.
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Family violence is a serious offense. It destroys families, mentally devastating the abused. The abused could be a spouse, child or a live in partner. It has become so serious that the Harris County District Attorney's office and the courts have taken a zero tolerance for the offense, many times with the perpetrator being sent to prison, which should be done.
But, what happens if a person is falsely accused of family violence? What happens if the only evidence is the testimony of liars, no other evidence, and those lies eventually conclude to convict an innocent person for a crime they did not commit? They become victims of the system. They are not only humiliated by the arrest, but they are further degradated by having been stamped with a felony, can't get a job or even find a decent place to live.
No one will listen to the begging of an innocent person that has been convicted of a crime they did not commit. They turn a deaf ear to the cries of desperation from that person. They are shunned by family and freinds. They find it hard to have a relationship or trust in people. Their finances are drained, along with those of their family, defending them for a crime they did not commit, making every attempt to right the wrong.
This is exactly what happened to a man in Harris County that was convicted of a crime he did not commit. He was convicted strictly on only testimony, no other evidence, which contained many discrepancies, some as to be so blatant to include, "He had a gun.", "He didn't have a gun." while referring to the same event. Did this stop the prosecution? No. The prosecutors, Lynn McClellan and Rifian Newaz continued the prosecution, ignoring the perjured testimony.
Since the final conviction in September of 2006, evidence has been presented to the Harris County District Attorney's office many times. Many emails were sent to the afore mentioned prosecutors, along with letters to Patricia Lykos, the Harris County District Attorney. Was a "proper" investigation done after that? In an open records request on the one an only "investigation", Scott Durfee produced only three pieces of papers, one which was a background check on the wrongfully convicted's brother. Nothing else.
In February of 2010, writings surfaced, most of which were certified to be the writings of one of the people who conspired to set up this innocent man. There is also other writings that contradict what was said in the court room. Again, all this new evidence was presented in a habeas writ to Judge Velasquez, whose only "gift" on the writ was to terminate this man's probation early after most was already served, allowing the conviction to remain.
Next, a letter was written, again, to Patricia Lykos, asking for a meeting on this new evidence. There was no response, which has been typical of the behavior exhibited many times by the Harris County District Attorney's office.
That is the reason we decided to tell everyone possible in the Houston/Harris County area. We have hired a plane, pulling a banner, that states, "HCDA allows perjury to convict the innocent." We want people to know what they have done and will do nothing about prosecuting the persons who committed Aggravated Perjury in their courts, which is a felony, and will do nothing about it, even though the evidence is there.
We invite everyone to attend the event, which will happen on Wedday, January 19th between 11:00am to 2:00pm. We want to have people who have been wrongfully accused/convicted by the Harris County District Attorney's office, especially those people who have been wrongfully accused/convicted based on perjured testimony. Please bring your video cameras, as we want this event recorded, to let our government in Harris County know that this behavior to convict at all costs, to include the innocent made victims by the system, will not be tolerated.
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When you go to the polls to vote, you believe that you are putting into office a person who will uphold the laws of the Constitution, the laws of Texas and protect the innocent. You believe this because this is what you are told by politicians, like the people who have served in the seat of the Harris County District Attorney. You also trust that the person elected will put competent people in the office that is supposed to serve the public. After all, you believe all this because this is what you have been told by the candidate who was looking to be the next Harris County District Attorney. They want to talk to you while they are running for office but after being elected, they don't have the time to stop and piss on you if you were on fire.
Now, let's get down to reality. You are an innocent person accused of a crime you did not commit. You are thrust into the Harris County Criminal Justice System and forced to pay a bond (if you are granted bail) to get out of jail then have to hire an attorney to protect your rights because the cruel truth is, you are falsely accused, which makes you the victim, but Harris County will not protect you. The Harris County District Attorney's office will prosecute you. They will use the perjured testimony of their own witnesses and no other evidence and they will expect you to take a plea bargain for a lesser charge and if you don't, they will prosecute you to the maximum. They will not investigate the facts of the case, leaving the family to find the truth themselves while they sit at their desks drinking coffee and eating the donuts confiscated from the local constable who also did not do their job.
Let's say you get convicted (which is pretty much a sure thing in Harris County), and you get the evidence that proves you are innocent, they will not listen to you. They will not answer phone calls, letters, nothing. They will talk to you like you are an idiot. They will make every excuse possible not to do the right thing, dropping the charges and prosecuting their witnesses, who is the people who made the false allegations to begin with, for lying. That is all you will get out of the Harris County District Attorney's office because the only time the Harris County District Attorney's office will prosecute someone for perjury is if that someone is a witness for the defense. (Denise Spiller 04/2008)
Evidence in the form of writings (certified by a forensic handwriting analyst) talking about setting up an innocent man for a crime he didn't commit were discovered. These writings were delivered to the Harris County District Attorney's office. They not only proved that the man was set up, but the fact that witnesses for the state (Christine and Paula Trent) committed perjury in order to assist the Harris County District Attorney's office to prosecute this innocent man, or should I say that Harris County District Attorney assisted Christine and Paula Trent to prosecute and innocent man?
They (HCDA) stated that the writings were "Just the ramblings of an angry teenager." How do they come up with this? If they found a plot to rob a bank, is it no longer a "rambling" if the bank robbery actually occurs? Well, if an "angry teenager" and her mother carry through with the plot to set up the innocent man, then it is no longer "ramblings" but a conspiracy. Either way, this makes not only Christine and Paula Trent criminals, but the Harris County District Attorney and their minions also accessories or, you can just call them criminals too. This takes in everyone at the HCDA that has ever been contacted and chose to protect the criminals and make, or leave, the innocent the victim of a malicious prosecution.
After numerous attempts to talk to Pat Lykos, or some of her minions, the only time we got a phone call back was when we sent up a plane that stated the truth, that "HCDA allows perjury to convict the innocent." When Channel 2 contacted them for comment, HCDA's comment was, "No comment." Does this surprise you? Sure didn't surprise us because we know, and can prove, that we are right. The HCDA herself, Pat Lykos, and her staff hide behind the walls of their office. All the signatures on the petition say that people in the public agree with us also. Do you know when you will see Pat Lykos emerge from her ivory tower? I can tell you, when it is election time! That is when you will see her trying to take 15 minutes of your time to convince you she is the candidate for you as she is waving the big clouds of smoke away from her cigarette so she can actually see who she is talking to, a person she will have no use for after the election.
This site is dedicated to those individuals, who, because of the selfish reasons of others who conspired for their false imprisonment resulting in malicious prosecution, judicial injustice and impropriety, prosecution for the sake of prosecution, lack of funds for legal aid to prove their innocence and/or other errors of one kind or another, have been wrongfully accused and wrongfully convicted of a crime which they did not commit and have been left to languish resulting in loss of liberty, civil rights, productive lifestyle, financial and personal ruin, mental anguish, social condemnation and personal and family embarrassment for the remainder of their lives.
Please visit: americaswrongfullyconvicted.com
