Truth or Prosecution


The information below contrasts the various statements and testimony of numerous individuals who have reviewed, was a witness in, or have some legal knowledge of the case.  The individuals listed below have firsthand knowledge of this case, either as witnesses or investigators, or as legal professionals.  Many of them have spoken to the Prince George's County State's Attorney Office about the evidence and the injustice in this case.  Compare their statements to the statements of the prosecutors, ASA William Moomau and Joseph Wright and draw your own conclusions.


The Truth

 

1. Glenn F. Ivey, Former Prince George’s County State’s Attorney (for whom Moomau and Wright worked):  “I didn’t believe Robert White’s story.”

2.  Byron L. Warnken, Esq., Warnken, LLC and Law Professor University of Baltimore School of Law: 

“At the time of the criminal case, the fact that Mr. White was pathological liar was not yet obvious to someone who had not been at the scene of the incident.” 

Had the jury in Mr. Washington’s criminal case learned what we all now know about Mr. White’s testimony, it is highly likely that the jury would have disbelieved Mr. White’s version of events.”

3.  Daniel Karp, Esq.,  Karpinski, Colaresi, and Karp :

“the case against Keith Washington has no legal or factual merit.” 

“It’s already been demonstrated I think so far in cross-examination that this witness (Robert White) has only a passing acquaintance with the truth.”  

4. Timothy Fitzmaurice, Former County Attorney Prince George’s County MD:  “based on what I reviewed, I know Mr. Washington is innocent.”

5.  Vincent Cohen, Esq., Current Assistant U. S. Attorney:  In a closed door meeting with Prince George’s County State’s Attorney informed the State’s Attorney that Keith Washington was actually innocent and that the charges against him should be dismissed.

6.  Michael Starr, Esq.:  (To Judge Whalen in reference to the prosecutor acknowledging that they did not believe Robert White’s testimony) “they (ASA William Moomau and Joseph Wright) can’t be saying inconsistent things.  They (Moomau and Wright) can’t be relying on evidence that they disavow”  “the State is asking the jury to convict on counts that they disavow.” 

7.  Aquila Ross, Human Resources Director, Marlo Furniture Company:  Robert White has never been employed by Marlo Furniture.

8.  Michael Worthy, Former Prince George’s County Assistant State’s Attorney:  “I knew they (William Moomau and Joseph Wright) were going to cheat to get a conviction.”

 9.  Robert Spagnoletti, Esq, Schertler & Onoratto:  Met with State’s Attorney’s office to convince them of Keith’s innocence.  Attended a meeting with the Prince George’s County State’s Attorney to convince the State’s Attorney that Keith Washington was innocent. 

10.  Michael Colliton, Esq., Karpinski, Colaresi, and Karp:  Attended a meeting  with the Prince George’s County State’s Attorney in 2009 to provide evidence and convince Mr. Ivey  that Keith Washington was actually innocent, and that Mr. Ivey should take action to free him from prison.

11. LtCol Craig Howard, Deputy Police Chief, Prince George’s County:  “I know Keith was railroaded into a conviction.”

12.  Charles Key, Retired Lt Baltimore City Police Dept, Expert in use of force, police training policy and procedures, firearms, incident reconstruction and crime scene analysis:  “All of the physical evidence, all of it supports that Mr. Washington was in a struggle, a confrontation with two very large men in a very confined area.  The fact that he had his weapon on was a consideration in that if the weapon had been taken from him, he could have been – potentially been overcome, killed with it.  There was a threat to his family.”

13.  William Bruchey:  Expert in Firearms Analysis, Physical Scientist, and PhD in material science and engineering; Consultant to FBI, Secret Service and various police departments across the U.S.:   “A very high degree of certainty the recovered casings were not indicative of shots fired from the doorway or just behind the doorway (as Robert White testified.)”

14. David Jordan, Supervisory Emergency Medical Technician, Charles County Emergency Services and Accokeek Volunteer Fire Dept. Prince George’s County:

I looked up and saw the unmarked uniform officer (Keith Washington), uh, saw that he had a couple of hits to the face.”…. “Um, it looked like, I can’t exactly remember where, but um, it looks like just kind of a couple punches.  I don’t think it was a weapon or anything like that.  Uh, I don’t recall seeing any blood.  I remember, uh, seeing some swelling I believe and that’s about it.”

“He (Keith Washington) had injuries to the face.  He had swollen cheeks and swollen lip.  It looked like he had been hit.”  “The swelling was underneath the eyes.  Looked like had a ball under his eye and his lip was also swollen, bottom lip.”

15.  Capt George Nichols, Prince George’s County Police Dept Homicide Division:  “He (Keith Washington) had a, uh, busted lip and I believe, I saw what might have been like a scratch under the left eye maybe.  Maybe the right – it looked like it was like a scratch under the eye. “

16.  EMS Clyde Washington (no relation):  “Patient mouth was swelling; patient had a ice pack on his mouth.”…”There was visual signs of swelling.” … “I noticed swelling, uh, not blood, but swelling around the lip area.” … “Uh, it’s very important that, to know that the swelling on his face is consistent, in my experience being a EMS provider, is consistent with assault.” … “Which means that, how this, you know, something happened other than him just falling or something.  I can’t, I, I don’t know, like I said, it’s none of my business but it’s consistent with assault…”

17.  Sgt William Gleason,  Prince George's Police Dept, Training and Use of Force Expert:   “At the time that he deployed deadly force, he was in fear for his life, he was being assaulted, and at that point it was appropriate and reasonable use of force.”

18.  Lt Darren Livingston, PGPD:  “I know he was holding his mouth, so, and like I said, earlier, I, I initially tried to speak to him, but he did not speak to me. Because, uh, his mouth was swollen and, uh, and he could not speak.”

“He (Keith Washington) had an ice pack up to the side of his face and it appeared that his face was swollen.”

19. Officer George Jones, Prince George’s Police Dept (first to arrive on the scene in response to the 911 call):   “Washington had blood on his mouth and lip was bleeding”   Question:  “And when you encountered Mr. Washington on this evening at his home, as the first officer that arrived, you saw that his lip was bleeding, correct?”  Answer: “Correct.”

20.  Cpl Ancil DeLancy:  “I did see a slight, uh, cut – I believe to his (Keith Washington’s) right cheek.  I’m not actually certain of that, but I did see a, a cut somewhere on his face.  Or either cheek or forehead.”

21.  Amber Washington (no relation):  “His face look a little swollen on the right side.”… “Down by his cheek area.”

22.  Leanora Brun-Conti, Expert Witness in forensic chemistry and fiber evidence:

 “Again, I found a few fibers – a few polyester fibers on JW3, Mr. Washington’s vest, that were consistent with the polyester fibers from Mr. Clark’s pants.”  Q. “And, again, what is the most consistent, I believe, is the word you used – consistent way that transfers from Brandon Clark’s pants to Keith Washington’s vest could have happened?”  A. “The most direct way would be contact between the two items.”

Q. “What is the most direct way that trace evidence could be transferred from Brandon Clark’s pants to Mr. Washington’s vest and shirt?”  (“Objection.”  “Overruled.”)  A. (Ms. Brun-Conti) “Direct contact would be the most efficient way to transfer fibers from one article of clothing to another.” (this is indicative of clark kicking washint as testified)

23.  Monica Amman:  “DNA from more than one individual was obtained from the swabs of the gun.  Keith Washington and Robert White cannot be excluded as contributors to this mixture.  Using combined probability of exclusion calculation, more than 99.99 percent of individuals in the Caucasian, African-American and southeast Hispanic populations would be excluded as contributors.”  (Proof that Robert White’s skin cell DNA was found on Keith’s gun, further proof of contact and a struggle)

24.  Prince George’s County District Court Commissioner  #5141, issued a criminal summons for Robert White for perjury for White’s grand jury testimony: “It is formally charged that White, Robert at the dates, times and locations specified below: (Perjury: Witness in Court; Grand Jury Room, PG County;) did, on examination as a witness, duly sworn to testify in a Grand Jury proceeding in a Prince George's County District Court.

5.  Craig Watkins, Dallas County, Texas District Attorney.  (Mr. Watkins created the country's first conviction integrity unit to investigate suspect convictions.):

“And in order for law enforcement to work for all the citizens, of individuals I represent, I thought that 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.”

“Actually 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; to make sure that not only is a person exonerated but to also seek the individual that actually committed the crime.”

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The Prosecution

 

1.  William Moomau, former Prince George’s County Assistant State’s Attorney who prosecuted this case:

“We put him (Robert White) on the stand; he was a witness of ours but you’ll never see me standing in front of a jury saying what this witness says is the truth.”  (In this writer’s opinion, this is clear indication that Mr. Moomau didn’t even believe his own witness, and knowing that the evidence clearly showed Robert White was lying, should never have put him on the stand to testify falsely.  In fact, putting a witness on the stand that you know or should know is lying, is illegal.)   This is a bold self indictment and acknowledgment that Moomau knew that his witness was lying under oath.)

 

“Robert White has no reason to lie.”  (Robert White had 400 million reasons to lie.  He filed a $400 million dollar lawsuit within a week of the incident and had to stick to his lie to reap any benefit from the lawsuit (which was thrown out for lack of evidence).  Additionally, he was the perpetrator and initiated the assault on Keith Washington.  The truth would have put him in prison.)

 

“I have no problem with Robert White’s grand jury testimony.”  (A criminal summons for perjury was issued for Robert White’s grand jury testimony by an independent District Court Commissioner.  In addition, all of the evidence in the case showed that White was not telling the truth.  Yet ASA Moomau has no problem with it, essentially endorsing the perjured testimony told to the grand jury.  White's perjured grand jury testimony caused the wrongful indictment of Keith Washington.) 

 

2.  Joseph Wright, former Prince George’s County Assistant State’s Attorney who prosecuted this case: 

“Robert White only had one conviction."   (White had at least twelve convictions and over twenty arrests at the time of the trial.  Mr. Wright made this statement in his closing argument to the jury thereby misleading the jury regarding White's criminal history.)

 

“There was no cocaine test given to Robert White.  White never tested positive for cocaine.  We do not know who took the cocaine test for Robert White.” (Medical tests  were performed on Robert White at the hospital immediately after the incident.  The results showed Robert White tested positive for cocaine.  ASA Wright had the results of the test and knew very clearly who took the tests, when the test was performed, and that White tested positive for cocaine.)