picture from google
To all whom it may concerns NEW CASE FACTS!!! Issues raised by:Eric
Koselke in the Post –Conviction Relief (PCR) case of Leon Benson (Cause
#49G02-9808-PC-134837)
Eric submitted Leon with a PCR draft in August 2013 with the
following issues he plans to raise in the petition to the Indiana Court:
1.Ineffective Assistance of Trial Counsels (Timothy Miller) as follows:
a) Failure to properly prepare defense witness & private investigator, James Hendrix, to testify;
b) Failure to make an “offer of proof” after defense witness, James
Hendrix, was denied to testify as to his crime scene analysis of the
state’s witness viewpoints observing the crimes;
c) Failure to properly cross-examine state’s eyewitness, Christy Schmitt;
d) Failure to present exculpatory witnesses (Dakari Fulton, Timothy Gaither, etc.,) ;
e) Failure to present exculpatory 911 tapes (made by state’s eyewitness Christy Schmitt ) ;
f) Failure to object to the admission of state’s witness, Donald Brooks’ erroneous unsworn statement;
g) Failure to present exculpatory expert testimony:
1) Eyewitness expert
2) Latent fingerprint expert
h) Failure to object to erroneous final Jury instruction #11 ( the
erroneously highlighted a witness’s testimony & confused jurors: “ A
conviction may be sustained by the uncorrobored testimony of a single
eyewitness, if you find that witness to be credible”).
There are the issues Eric Koselke (Leon’s attorney) is presenting the
courts on Leon’s behalf .Only suggestions Leon made to Mr. Koselke was
that he present a “Brady violation” issues (because prosecution withheld
two pieces of evidence on Leon’s behalf : (1) Schmilt’s on scene
recorded statement & (2) the 911 tapes of Schmitt’s call) & a
“Newly Discovered of evidence” issue (“The vision & distance
scientific analysis” by Dr.Geoffrey R. Loftus (2004) &
“visualization ofLatent print technique” by Dr. John Bond (2008) became
this science was discovered after trial, where trial counsel could have
used it because it did not exist in 1998-99).
Meanwhile, the PCR petition is being filed in the Marion County
Superior Court in Indianapolis, Indiana as you read this memo. We trust
Koselke’s approach to this whole heartedly (plus you know Leon know the
law & won’t allow no b/s). He can amend the PCR petition at any
moment 7 add the additional issues if needed to be.
A word from Leon:” The PCR issues presented to me by Koselke are
powerful. Several of the issues merit a new trial by themselves
(c,d,e,f,i) & with them all combined should destroy my wrongful
“murder” conviction by U.S. constitutional law. I respect Koselke’s
decisions to present these issues because I directed him to them &
he investigated them & found that they were valid. We’ll amend the
PCR petition after it is filed, but I’m very confident in the law behind
this appeal. In fact, I strongly suggest we prepare for a new trial by
fundraising. I’m on my way to the house. Please continue your support
& interest in my plight. Thank you all in advance. I look forward to
meeting you in person as a free man soon. J
In addition, we will post the filed copy of the PCR petition when it
is available. When court dates emerge we will appear to support Leon in
numbers too many to count. For now, our agenda is to raise $£€ &
gain publicity. Let’s keep things moving positively.
Remember: “Truth never dies…it is only rediscovered!”
Thanks for your time. God bless.
Sista of the struggle, Valerie Buford.
http://getfreeordietryingsince98leonbenson.blogspot.co.uk/
http://leonbenson.wix.com/free
https://www.facebook.com/leon.benson
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