MISCARRIAGE OF JUSTICE

Based upon new evidence not reasonably available before trial in 1996, Desiree can demonstrate total innocence of murder and fundamental constitutional violations resulting in unlawful restraint.  Reasonable, properly instructed jurists could differ whether the State’s charge is sufficient, “beyond a reasonable doubt”, much less deserving 32 years in Texas prison, increased on basis of non-adjudicated misdemeanor.

Wrongful conviction obtained by outrageous means, shocking the conscience, the prosecution failed to disclose misconduct and suppressed evidence of innocence, proving her husband shot himself.  Ailing, over-burdened counsel was presumptively ineffective, failing to conduct reasonable pre-trial investigation, contact potential witnesses or experts.  Undefended against false charges, trial amounted to functional “presumption of guilt”.  (no-show for voir dire examination, omitting case-in-chief.)  Outside influences tainted jury, biased officials and records.

Post conviction discovery shows the State planted and destroyed evidence of apparent value, exonerating Desiree pre-trial, then deliberately misled the courts with prejudicial perjured and testimonial hearsay to oppose all appeals.

Subsequently, State refuses to disclose public records and exhibits that exonerate and entitle Desiree to new trial in light of new evidence, which undermines the prosecution’s theory of the case.  Reportedly the record is grossly disorganized.  Consequently Desiree’s credibility attacked without opportunity to testify, present significant probative evidence or meaningful cross-examination for over 14 years.

2005:  State unconstitutionally charged default caused by court clerk’s denial of access-to-court for almost 3 years documented in official prison records.  State alleges Desiree “slept” on her right to review regardless of innocence, in violation of the Constitution and US Supreme Court precedent.

Seeking information for obtaining crime scene and ballistic analysis to put all the puzzle together to overcome procedural default.