The Fundamental Tool for Review of Convictions

For 20+ years, I have been working to prove my innocence. I have been severely handicapped because I have been denied the most fundamental tools with which to work. That is the record of what occurred at trial; in this case there is a record of three trials. My first trial started on February 11, 2003. I was represented by D. Louis Nicholson. The prosecutor was James Beradinelli and the Judge was Gwendolyn Bright. Sharon German was the Official Court Reporter. On March 3, 2003, a mistrial was declared as a result of a hung jury. The foreman said the jury could not agree that I was ever present at the scene of the crime. I was scheduled to start a second trial on May 19, 2003 and my attorney requested the trial transcripts. When that day came, the transcripts were not ready yet and a continuance was granted. The trial date was set at September 15, 2003. On the 16th, the trial was continued again until January 12, 2004. Upon entering the courtroom on the 13th, Nicholson told me the case would be continued, because he still did not have the trial transcripts. When Judge Bright entered the courtroom, she told my attorney that she had a copy of the transcripts and so did the prosecutor. Nicholson was told he should have known and had a copy. The request for continuance was denied. Trial started without my attorney having the benefit of using the transcripts of the first trial to prepare for the second trial or to cross-examine witnesses about the inconsistencies in their testimony. Being that 11 months had passed between trials, he could not be expected to remember the witnesses testimony in the first trial. On January 27, 2004, the jury found me guilty of burglary, kidnapping, robbery, criminal conspiracy, rape as an accomplice, and firearms violations. On March 11, 2004, I was sentenced to 48½ to 97 years in prison. I started direct appeal and requested the trial transcripts of both trials. Meanwhile, my codefendant Harlan Smith started trial in May 2004 and ...