Post by MXB on Jun 15, 2006 9:13:34 GMT -5
Well folks, Part 5 of 'A Life Stolen', by Maurice Mason, has finally arrived, sorry for the delay, but not all of us are fortunate enough to have internet access, and thus must depend upon snailmail.
Part 5: Legal Stuff continued
The Ohio courts denied an evidentiary hearing in post conviction. The Ohio courts likewise denied Maurice Mason due process by arbitrarily imposing procedural bars to the consideration of his claims on the merits.
Maurice was denied expert and investigative assistence at trial and penlaty phases, which prevented him from investigating, developing, and presenting expert evidence to counter the State's evidence, to raise reasonable douct, to demonstrate that someone else committed this murder, and to demonstate that a life sentence was the appropriate sentence.
Because of this, the jury was denied the opportunity to hear compelling expert opinion that woudl have cast doubt on the State's theory, and raised doubt as to whether Chris Dennis rather than Maurice Mason had committed this crime.
Counsel likewise failed to prepare, failed to challenge jurors for cause, antagonized the jurors and everyone else in the courtroom, and failed to perform up to the prevailing professional norms, thus depriving Maurice of a fair trial and due process.
The State withheld material exculpatory and mitigating evidence under Brady, specifically evidence demonstrating that another person witnessed Chris Dennis ritualistically kill Robin, and significant prior witness statements demonstrating that the evidence was as compelling that Chris Dennis, rather than Maurice Mason, had comitted this crimne, and compelling miitigating evidence that Maurice had saved another prisoner's life while incarcerated prior to trial.
The State court's determination turned the due process protections contained in their evidentiary rules on their heads to protect Chris Dennis -who was not on trial- at the expense of the constitutional rights of Maurice Mason to defend himself against the State's charges, and to confront witnesses against him.
Maurice was denied due process and a fair trial by the persistent and systematic misconduct of the prosecutor throughout both phases of the trial.
The jurors that decided Maurice's fate engaged in misconduct throughout the trial by conducting independent out of court experiments, by demonstrating racial bias through jokes about African Americans, and Maurice in particular, and by determining and announcing their belief in Maurice's guilt prior to all of the evidence being introduced.
The jury instruction at the penalty phase of the trial deprived Maurice of an accurate and reliable sentencing determination by failing to define mitigation, by failing to instruct the jury to consider residual doubt, and by failing to take the question of life and death from the jury when the jury announced that it was deadlocked on the question, as is required under State law.
The Court's failure to remove the death question from the jury encouraged a sentence of death over life, since jury indecision at the penalty phase of the trail results in the imposition of a life sentence.
NOTE: When Robin was found, she had blond hair clenched in her hand, Chris Dennis has blond hair, Maurice is a black African American.
ADMIN NOTE: The text of 'A Life Solen' has been copied directly from what Mr Mason has written, without altering his words.
To be continued when further informatoion is received.
Part 5: Legal Stuff continued
The Ohio courts denied an evidentiary hearing in post conviction. The Ohio courts likewise denied Maurice Mason due process by arbitrarily imposing procedural bars to the consideration of his claims on the merits.
Maurice was denied expert and investigative assistence at trial and penlaty phases, which prevented him from investigating, developing, and presenting expert evidence to counter the State's evidence, to raise reasonable douct, to demonstrate that someone else committed this murder, and to demonstate that a life sentence was the appropriate sentence.
Because of this, the jury was denied the opportunity to hear compelling expert opinion that woudl have cast doubt on the State's theory, and raised doubt as to whether Chris Dennis rather than Maurice Mason had committed this crime.
Counsel likewise failed to prepare, failed to challenge jurors for cause, antagonized the jurors and everyone else in the courtroom, and failed to perform up to the prevailing professional norms, thus depriving Maurice of a fair trial and due process.
The State withheld material exculpatory and mitigating evidence under Brady, specifically evidence demonstrating that another person witnessed Chris Dennis ritualistically kill Robin, and significant prior witness statements demonstrating that the evidence was as compelling that Chris Dennis, rather than Maurice Mason, had comitted this crimne, and compelling miitigating evidence that Maurice had saved another prisoner's life while incarcerated prior to trial.
The State court's determination turned the due process protections contained in their evidentiary rules on their heads to protect Chris Dennis -who was not on trial- at the expense of the constitutional rights of Maurice Mason to defend himself against the State's charges, and to confront witnesses against him.
Maurice was denied due process and a fair trial by the persistent and systematic misconduct of the prosecutor throughout both phases of the trial.
The jurors that decided Maurice's fate engaged in misconduct throughout the trial by conducting independent out of court experiments, by demonstrating racial bias through jokes about African Americans, and Maurice in particular, and by determining and announcing their belief in Maurice's guilt prior to all of the evidence being introduced.
The jury instruction at the penalty phase of the trial deprived Maurice of an accurate and reliable sentencing determination by failing to define mitigation, by failing to instruct the jury to consider residual doubt, and by failing to take the question of life and death from the jury when the jury announced that it was deadlocked on the question, as is required under State law.
The Court's failure to remove the death question from the jury encouraged a sentence of death over life, since jury indecision at the penalty phase of the trail results in the imposition of a life sentence.
NOTE: When Robin was found, she had blond hair clenched in her hand, Chris Dennis has blond hair, Maurice is a black African American.
ADMIN NOTE: The text of 'A Life Solen' has been copied directly from what Mr Mason has written, without altering his words.
To be continued when further informatoion is received.
