"The FBI needs to get involved and look into what's going on here. If they intentionally sent an innocent man to prison, they should be the ones locked up." S. Smith, Greenbelt, MD
"I knew they (Mommau and Wright) were going to cheat (manipulate the evidence)"
Michael Worthy, Esq., Former Prince George's County Assistant State's Attorney and colleague of William Moomau and Joseph Wright, who was himself sentenced to Federal prison for illegal activity
“And in order for law enforcement to work for all the citizens.... we needed to take a legitimate look at
claims of innocence. And, as a result of that, not only did we free individuals
that didn't commit crimes but we also learned a lot about our justice system
and how we can make improvements.”
I think people actually don't understand the role of a prosecutor. In fact, you
know, it's defined in our Code of Criminal Procedure here in Texas - and I
would imagine that, you know, in every Code of Criminal Procedures throughout
every state, it defines what a prosecutor is. And it specifically says that
a prosecutor is not to convict but to seek justice. And so, if a person is
being wrongfully convicted it's the responsibility of the prosecutor - not the
defense attorney - to make sure that that wrong is righted"
Craig Watkins, District Attorney, Dallas County, TX
(Craig Watkins created
a Conviction Integrity Office, the first of its kind in the country, dedicated to ensuring the Dallas County District Attorneys were ethical and dedicated to seeking justice, not just winning convictions.)
"The interests of the U. S. government in a criminal prosecution is NOT that it shall win a case but that justice shall be done." 1935, Berger v. United Sates
can’t be saying inconsistent things.
They can’t be relying on evidence that they disavow” “the State is asking the jury to convict on
counts that they disavow”
Attorney Michael Starr's statement to Judge Michael Whalen, Prince
George's County Circuit Court, in reference to the prosecutors
acknowledgement that they did not believe Robert White's testimony.)
"And, that it is the prosecutors "duty" to refrain from improper methods calculated to produce a wrongful conviction." (Edict of the Supreme Court)
Throughout Keith's trial the State consistently pursued an improper line of questioning, mischaracterized the evidence and testimony, and made numerous improper remarks that were consistently beyond the scope and latitude used to secure a proper verdict. The State is specifically barred from such conduct and from making improper statements solely for the purpose of producing a verdict that, on its face, lacks both a factual and evidentiary basis for its conclusion. There were not just one or two remarks, but a pattern of remarks made by the prosecutors that, in the opinion of this writer, they knew to be improper and false and that were sustained by the judge.
There were at least thirty-one false and misleading
statements made throughout the trial that were objected to and sustained. During Keith's cross examination by the State there
were twenty-two sustained objections for improper questions, ranging from facts
not in evidence, mischaracterization of evidence and testimony, misleading
statements, improper impeachment, and general inadmissible statements and
questions on the part of the State. During the closing argument alone, the trial
court sustained nine additional objections made by ASA Joseph Wright that were improper. Prosecutors are specifically barred from
making remarks during closing arguments that address facts not in evidence and
making statements intended to generate unfair prejudice against the defendant. As you will read below, the statements made by ASA
Joseph Wright and William Moomau ignore both of these requirements; they were improper, unfairly prejudicial, and lacked a factual foundation and as such, absolutely warranted a mistrial. In the opinion of this writer, these prosecutors clearly crossed the line,
making thirty-one prejudicial remarks that actually misled the jury, and particularly
in calling the jury’s attention to so-called "facts” that were not true. However, even given these thirty-one sustained objections due to the prosecutors' blatant disregard for the law, the Judge still refused to grant a mistrial.
These two Assistant State's Attorneys, Joseph Wright and William Moomau had in their possession numerous pieces of scientific, forensic and physical evidence gathered over the five months prior to Robert White's grand jury testimony. The evidence clearly proved that Robert White's testimony in the grand jury was false, and that Keith Washington acted in self defense. That evidence includes:
1. All of the forensic evidence in the case
2. All of the scientific evidence in the case
4. All of the physical evidence in the case
3. DNA results showing Robert White's DNA on Keith's gun
5. 911 call transcript
6. Robert White's phone records
7. Brandon Clark's phone records
8. The Washingtons' phone records
9. Marlo Furniture employment records (there were none for Robert White; he never worked for Marlo)
10. Evidence photos of the bedrails still in the unopened box (White testified they opened the box and were installing the rails which clearly was a lie)
11. Trace fiber analysis evidence
12. Keith's broken watch which had been ripped off his wrist and was lying on the floor
13. Location of the spent shell casings, which
14. No blood trail from where Robert White said he was shot to where he walked to the end of the hallway
16. Robert White's extensive criminal record including his sexual assault conviction (that he denied having in the grand jury)
16. Robert White's seven different answers about his employment with Marlo Furniture (an affidavit from Marlo HR affirmed he never worked for Marlo)
17. Toxicology report showing Robert White was on cocaine the night of the incident (although he denied under oath ever having used cocaine)
18. Robert White's denial under oath of any knowledge of a $400 million dollar lawsuit he and his attorney filed one week after the incident and bearing his signature.
19. The gunshot residue report showing the shots were from 3 inches away (Robert White said he was never that close to Keith)
20. Nine eyewitness statements of injuries suffered by Keith
21. Fiber report indicating no fiber transfer between Robert White and Brondon Clark although White testified he laid on top of Clark after Clark was shot
It seems that if the prosecutors had even minimally reviewed the evidence they gathered, they had to know, or most certainly should have known, that Robert White was lying about this entire incident from start to finish.
The below individuals, Joseph Wright and William Moomau, were sworn to uphold the law and ensure that justice was done; they failed miserably. In the opinion of many, they've proven to serve only their own agendas, not justice, and in doing so sent an innocent man to prison for forty-five years. Both Joesph Wright and William Moomau were well aware that the evidence in this case overwhelmingly and irrefutably proved that Keith Washington acted in self-defense; forensics proves what happened! Yet, they allegedly allowed their professional ambitions and personal agendas and desires for recognition to take precedence over justice. In fact, Joseph Wright allegedly asked numerous individuals for monetary contributions to his impending political campaign stating that prosecuting Keith Washington would make him the next State's Attorney.
"He (Joesph Wright) get nobody's vote for nice guy or smart guy."
Roland Patterson, Former Assistant State's Attorney-17 years, Prince George's County, MD
Joseph Wright publicly announced on several occasions to various individuals that convicting Keith Washington would make him the next Prince George's County State's Attorney, and in the opinion of many, he was clearly willing to lie and manipulate the facts to make that happen. In fact a complaint was filed with the Attorney Grievance Commission by a public official to whom Wright made that statement. Wright followed through and ran for office in 2010 allegedly believing he would win on the back of an innocent man. Fortunately for the citizens of Prince George's County, Wright lost.
2010 State's Attorney Election Results:
Angela Alsobrooks - 38,217
Thomas Dernoga - 19,186
Peggy Magee -16,357
Mark Spencer - 8,419
Joseph Wright - 8,422
Former Assistant State's Attorney Joseph Wright prosecuted the case against Keith Washington even knowing that the State's sole fact witness, Robert White, was a careeer criminal, high on cocaine the night of the incident, who had lied and made false statements in every legal proceeding. Mr. Wright was also well aware that ALL of the physical and forensic evidence supported Keith Washington's statement of the incident. Mr. Wright, in the opinion of many, mischaracterized and manipulated the evidence and made numerous false statements throughout the grand jury proceeding and criminal trial. In the opinion of this writer, the unethical and unprofessional misrepresentation of the facts and knowing use of perjury in this case resulted in the wrongful conviction of Keith Washington, an innocent man.
"I do beleive they (ASA Moomau and Wright) knew their sole fact witness was lying."
Roland Patterson, Former Assistant State's Attorney-17 years, Prince George's County, MD
"They (Robert White) were a witness, and you’ll
never see me standing in front of a jury saying everything this particular
witness says is the truth.”
(William Moomau's statement to Judge Michael Whalen in reference to Robert White. This statement was made out of the presence of the jury, and is clear and convincing evidence that the prosecutor's knew that their only fact witness was commiting perjury and testifying falsely under oath. If the jury had heard this statement and known that even the prosectuors didn't beleive their own witness, they would most certainly have rendered a not guilty verdict.)
Former Assistant State's AttorneyWilliam Moomau prosecuted Keith Washington even knowing that ALL of the physical, forensic, and scientific evidence supported Mr. Washington and refuted the State's only fact witness, Robert White. White lied repeatedly in every legal proceeding in which he testified; he even admitted in the civil trial to lying in the criminal trial. ASA Moomau met with Lt. Charles Walls, the lead investigator in the case at least four times during which Moomau was informed him that NONE of the evidence supported Robert White's version of the incident. During one such meeting Walls informed the prosecutors that a witness was not telling the truth based on the witness' previous written statements and interviews. Lt.Walls was then told to leave and was effectively removed fromt the case, an occurrence never experienced by Lt. Walls in his over twenty-five years as a police officer. A seasoned, experienced, knowledgable investigator was fired fromthe case for pointing out the facts, the evidence, and the truth.
Glen Ivey, former Prince George's County State's Attorney (2002 - 2010), originally prosecuted this case even given that all of the physical, forensic, and scientific evidence supported and corroborated Keith Washington's statement of what ocurred. In 2013, after reviewing additional evidence and expert testimony, Mr. Ivey has since stated that Mr. Washington got a "raw deal", and has attempted to convince the current State's Attorney, Angela Alsobrooks, to support a new trial for Keith. According to Mr. Ivey, he has been unable to get any positive feedback from her. Unfortunately Ms. Alsobrooks has thus far been unwilling or unable to consider that an injustice has been done. Her position up to now is to maintain a conviction, however faulty, unwarranted, or unjust it may be. Hopefully the rule of law and public pressure will prevail upon her.
"The truthfulness of Mr. White's testimony is seriously in doubt, and he even admits this. The extent of Mr. White's inconsistencies about the events make it clear that he testified untruthfully."
(Byron Warnken, Attorney, Warnken LLC and Law Professor, Univ. of Baltimore )
Angela Alsobrooks, current Prince George's State's Attorney, so far refuses to acknowledge that the evidence in this case in no way supports the conviction or the sentence Mr. Washington received. While she should be a proponent of justice, she has consistently refused to acknowledge the evidence in the case, including evidence that has been discovered since the original trial. Ms. Alsobrooks has met with defense attorneys, former assistant state's attorneys, and other public and private officials, all of whom have come to the same unanimous conclusion, and have informed her, that Mr. Washington's conviction was built on perjury and that his conviction should be overturned. She would be applauded for having the courage to stand up and do the right thing; if not, it speaks volumes about her character. We hope she remembers that her mission and sworn duty is to to uphold justice, not uphold un-just convictions as in this case. It is our hope that through the public's awareness, she will summon the courage and integrity needed to do the right thing and support overturning this unjust conviction.