If the roles were reversed you'd have a dollar with my name on it. "When the prosecution offers testimony from an eyewitness to identify the defendant as the perpetrator of an offense fundamental fairness requires that identification testimony be reliable, reliability is the key in determining the admissibility of identification testimony. Manson vs Braithwaite, US supreme court"
Jared Price was
the sole eyewitness and victim*, there were no other eyewitnesses and no other victims and he walked into the courtroom and said** "I do not see the man in the courtroom who did this, here today"
(*see the criminal complaint in the photo gallery above, photos 1-2, to see that Price was the sole witness and victim. **see the preliminary hearing in the photo gallery, photos 3-6, to see what Price said while under oath, when asked if he saw the perpetrator in the room.) You could read 1,000 identification cases and never find one like my dads where the identification was "look similar".* That is because saying someone "looks similar" is not an identification. Even if the judge did, somehow, say it was an identification, the defendant's attorney would object to such an identification...
Reminding the judge that "looks similar" does not meet the "reliability standards". Or the attorney would ask the victim directly if he saw a face and if that face is in the courtroom like Mr.Price was at the preliminary hearing when he said no. (see the preliminary hearing in the gallery above.) Unfortunately for my dad, he had the infamous Judge Douglas Smith and an attorney being paid by the same state leading the investigation. Judge Douglas Smith was elected to serve in The Justice of Peace in 1995. In November 2008, he was elected to serve on the Eighth Judicial Court. By November 2014 he had been handed his 100th overturned case. That would mean that over 6 years he had an average of one case per month overturned. The bottom line is that we could not afford a good attorney for my dad. We still can not afford an attorney to help him with this process and to stop this from happening again. There are five stages of the appeal process:
- State district court
- Nevada Supreme Court
- Federal District Court
- Circuit Court of Appeals
- U.S. Supreme Court
Most attorneys charge a separate fee for each stage, and even worse the first two stages only serve to take him back in front of the same people that either did this to him and/or allowed it happen. The first stage will bring him back before Judge Douglas Smith. The second stage will bring him back before the state's Nevada Supreme Court. We estimate the cost of the kind of attorney that will fight harder for my dad, than they secretly will the state, taking him to a high enough stage of the appeal process to be judged fairly. As well as the campaign we intend to launch (posters, t-shirts, flyers, etc.) in an attempt to bring attention to the case and hopefully fairness to the hearings would run anywhere between $35-45,000. Our goal is to get 35,000 people donate one dollar to our cause. And let me just say if the roles were reversed, and I were alerted to your situation, your serving a 30 year sentence in prison on a case where the victim and sole eyewitness said “yes, I saw a face that night, but to tell you the truth I do not see that face in the courtroom here today” you’d have a dollar with my name on it. I can only pray 35,000 people might do the same for me. Thank you for taking time out to read this and God bless. My aunt, Virginia Lions, and nana, Lena Lions helped me write this. You can reach my aunt at
[email protected]
You can reach my dad at
Linkston Lions #1064108
High Desert State Prison
P.O. Box 650
Indian Springs, NV 89070
OR
You can set up an account at corrlinks.com and send him a letter digitally. My dad could use the emotional support right now. Please visit Twitter account , and retweet the tweets shown, the more people made aware of what is passing as a "positive identification" in Judge Douglas Smith's courtroom the more likely he'll be informed that it is not one. Email:
[email protected]
Youtube:
https://youtu.be/UT5Np1S3Etw
Paypal:
http://PayPal.me/lions
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