Where it is shown that Government's case included
false testimony and prosecution knew or should have known of falsehood,
new trial must be held if there is any reasonable likelihood that false
testimony would have affected judgement of jury. Fed. Rules Crim. Proc. Rule 33. 18 U.S.C.A.
"Justice depends on fully
The information below represents
just some of the information that was not known by the jury; information
that was withheld from them by the prosecutors through a series of lies and manipulation of the facts and evidencce in order to garner a fraudulent verdict. The jury didn't have knowledge of this
information about Robert White and because of that an innocent man was
sent to prison for forty-five years for defending himself and his family
against a known career criminal.
The jury didn't know....
1. That Robert White did not then and had not ever worked for Marlo Furniture Company.
2. That Robert White was picked up on the side of the road the morning of the incident and brought to the Washington home high on cocaine.
3. That Robert White broke into a woman's home and sexually assaulted her.
4. That Robert White is a convicted sex offender and served ten years in prison for the sexual assault of the woman in her home.
5. That Robert White was a registered sex offender in South Carolina (http://www.icrimewatch.net/offenderdetails.php?OfndrID=1287197&AgencyID=54575).
6. That Robert White was not registered in the Maryland Sex Offender database as required by Maryland State Law.
7. That Robert White denied under oath in the grand jury that he was a sex offender. The prosecutors allowed him to do so even knowing that he was testifying falsely under oath.
8. That Robert White had a previous conviction for Assault and Battery.
9. That Robert White had a previous conviction for Unlawful Entry.
10. That Robert White had a previous conviction for Larcency
11. That Robert White had a previous conviction for Receiving Stolen Goods
12. That Robert White had a previous conviction for Attempted 3rd Degree Burglary
13. That Robert White had a previous conviction for Grand Larceny
14. That Robert White had a previous conviction for Pointing a Firearm.
15. That Robert White had a previous conviction for First Degree Burglary.
16. That Robert Whtie had a previous conviction for Receiving Stolen Goods.
17. That Robert White had a previous conviction for Domestic Violence
18. That in addition to these previous convictions, Robert White also had over twenty additional arrests for crimes ranging from peeping tom to attempted murder.
19. That the customer immediately before the Washington's gave a written statement to
the State's Attorney's office that Robert White appeared high or
intoxicated when they came to his home, and that he was glad his wife
was not there alone when they arrived.
20. That Keith's watch was ripped from his arm and broken during the assault on him by Robert White and Brandon Clark, clear evidence of an altercation.
21. That Brandon Clark's teeth had been knocked out (clear evidence of an
altercation) even though Robert White testified that neither he nor
Clark were ever close enough to Keith to touch him.
22. That during the trial, Assistant State's Attorneys William Moomau and Joseph Wright made numerous false and misleading statements about the evidence (se Prosecutors False Statements)
23. That Assistant State's Attorney Joseph Wright allegedly openly bragged that this case would make him the next State's Attorney (he campaigned for that office but fortunately lost).
24. That Assistant State's Attorneys Wright and Moomau allowed Robert White to testify falsely at least twenty times in his grand jury testimony. (A Circuit Court Commissioner subsequently issued a criminal summons for perjury for Robert White based on his false testimony in the grand jury.)
25. That Assistant State's Attorneys Wright and Moomau allowed Robert White to testify at least twenty-four times falsely in his criminal trial testimony, essentially perjuring his entire criminal trial testimony. (White even later admitted in the civil trial that his criminal trial testimony was false.)
26. That at the time of this incident, Brandon Clark, at 6'7" and 330 pounds was awaiting trial in another case for assaulting a female acquaintance.
27. That Assistant State's Attorneys Wright and Moomau intentionally ommitted informing the grand jurors of the numerous criminal convictions of Robert White.
28. That Assistant State's Attorneys Wright and Moomau
intentionally ommitted informing the criminal jury of the numerous
criminal convictions of Robert White.
29. That Assistant State's Attorneys Wright and Moomau who conducted the Grand Jury proceedings never corrected, refuted, or otherwise admonished Robert White for making at least thirty false and perjured statements under oath in the Grand Jury as required by law, or remove him from the witness stand. (A Circuit Court Commissioner subsequently issued a criminal summons for perjury for Robert White based on his false testimony in the grand jury.)
30. That Assistant State's Attorneys Joseph Wright and William Moomau mischaracterized and lied about the facts that Keith Washington testified to.
31. That nine witnesses (first responders and EMS personnel) gave written statements of the injuries they personally saw
on Keith the night of the incident. The State's Attorneys had those witness
statements in their possession.
32. That Assistant State's Attorney Joseph Wright, in his closing argument, misrepresented Dr. Dixon's findings of injuries on Keith.
33. That Assistant State's Attorney Joseph Wright, in his closing argument, misrepresented EMS Washington's findings of injuries on Keith.
34. That Assistant State's Attorney Joseph Wright misrepresented the 911 call saying Keith refused to tell the 911 operator how White and Clark got into his home. Keith clearly stated on the 911 call that he let them in (not knowing they were not legitimate delivery men.)
35. That Robert White's media statement that he issued to the Washington Post was fabricated. They printed it and two million people read it as though it was fact.
36. That ASA Joseph Wright in his closing argument lied to the jury telling them that Robert White had only one criminal conviction. This was done deliberately to mislead the jury about who Robert White really was.
37. That Robert White admitted in the civil deposition that he had never delivered furniture for a living; not for Marlo or any other delivery company.
38. That Robert White admitted in March 2007 that the media statement he provided in March 2007 to the Washington Post (two weeks after the incident) was false, and that he did not author it. That false statement was printed by the Washington Post, thus allowing a fabricated tale of what occured that night to be seen as the truth by the many citizens who read it. This statement in addition to the many lies told by Robert White in the criminal trial and grand jury, with the assistance of the prosecutors, severely contaminated the jury pool into believing Keith Washington was guilty.
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