Post by ohiogirl on Jun 22, 2006 6:50:20 GMT -5
This was written by Keenya's brother, Del, who is fighting for his sister's freedom. PLEASE READ!
BTW - Keenya is NOT on death row
++++++++++++++++++++++++++++++
Within the next couple weeks, I will try to do an overall of Keenya's case. The problem is that it's difficult to cover all the errors, omissions, and dirty-tricks; they are so plentiful that I fear they are not believable and the recounting of them so long that people will tire of reading.
It will be easy for many to say that we're just crying wolf; especially any tales coming from her brother. Nothing could be further from the truth.
Keenya's is a case that exemplifies the willful and intentional abuse of power for the simple purpose of using her 'case' for political gain (and is why 'someone' invited the news media to her Sentencing Hearing to hear the judges extraordinary sentencing). Keenya was perscecuted by a concerted effort of a clique of judges, lawyers, Child Services Board members, vindictive and self-serving 'witnesses' and particularly a psychotic doctor who has since lost his license to practice medicine because of his behavior.
Lest we not forget a court-appointed attorney who was no attorney at all; who, too, was running for political office (same party as the judges and prosecutors) and was so inept and unqualified that he succeeded in becoming a poster-child for the prosecution i.e. they were full of praise of him in their appeal brief saying how well he had represented Keenya - this despite the defense attorney's own affidavit filed with the appeal brief stating that his representation was ineffective primarily because he failed to object when the prosecutor renigned on the forced plea agreement; his affidavit was his mea culpa when he realized how naive he had been and how he had been duped by the prosecutor and which resulted in an extraordinary sentence - yet the appeal court 'chose' to ignore that affidavit because it didn't serve their purposes. In their appeal brief, the prosecutors praised the defense attorney's skillful negotiation in getting her charges reduced from 36 to 5 - what a joke and how self-serving can it get?
In actuality, Keenya was initially charged with 6 counts in November 1997; 2 of kidnapping the children (i.e. restricting their movements) and 4 counts of Child Endangering (unspecified charges). In April or May 1998, the prosecutor made a plea offer to the defense attorney who turned it down without ever even informing Keenya of the offer; the offer was that if she pled guilty to the 2 counts of kidnapping that the state would drop the 4 counts of child endangering; the 2 counts of kidnapping would have been a max of 20 years.
In retaliation for the defense attorney turning down the plea offer, the state filed 30 more counts of child endangering (unspecified charges); for a total of 36 charges. The defense attorney didn't tell Keenya about this prior plea offer until July 7th (9 days before her scheduled trial of July 16th) when he told her he had had a 'chance' encounter with the prosecutor who made a new plea offer (problem is the defense attorney as early as 3 weeks before the scheduled trial had not returned Keenya's phone calls to discuss her case and strategy for the looming trial - at my insistence on June 23rd, I told Keenya to send fax requests for a face-to-face meeting with the attorney and to faxhim a copy of her witness list because he never did interview any witnesses).
This July 7th contact from the defense attorney was his first response to her requests to meet with him. He asked Keenya to meet him at the courthouse (she asked a 'friend' to go with her by the name of Sherry Bailey); she thought to discuss her case but, that's when he told her about his 'chance' encounter with the prosecutor that same day, about the prior plea offer that he had rejected because he 'knew' Keenya wouldn't accept it, and to tell her of the 2nd and final plea offer: if Keenya would plead guilty to 5 counts of child endangering, she would most likely get probation because of no priors but no more than 1 year.
The attorney told her she accept the plea because 1) he had never been given the opportunity to see the evidence against her (he had filed 2 Bills of Particulars requesting same and the judge never responded as is required by law to do) and, he was 'afraid your butt will spend the rest of your life in jail'. He told her he had to have her answer in 15 minutes. He added that the prosecutor said if she didn't take the plea that they would continue to pile on charges even if they totaled 1,000.
What would any of us have done? You know you are innocent of the charges, your attorney tells you he count mount a defense for you because he's not been provided any evidence and that you'll likely get probation but no more than 1 year and if you don't take the offer, you could spend the rest of your life in jail because that's the state's intent.
Keenya took the only alternative available - she accepted the plea. And, wouldn't you know, they then proceeded into court for the Plea Hearing. Well orchestrated timing which required the concerted efforts of the judge, prosecutor, and defense attorney.
The plea agreement that the defense attorney turned down would have netted her only 20 years maximum vs. the 25 years she received. But it was his brilliant negotiating skill and masterful representation which reduced the final number of charges from 36 to 5, at least that's the praise he received from the prosecutor. Some job, eh? What a guy, right?
This is just the tip of the iceberg. I haven't even talked about what happened before criminal charges were filed; what else happended between the filing of the criminal charges in Nov 1997 and the Plea Hearing on Juy 7, 1998; what transpired in the Plea Hearing itself; what happened between time of the Plea Hearing and the Sentencing Hearing and incarceration on August 11, 1998; nor the subsequent appeal and re-opening of the appeal filings.
Keenya's is the kind of case that is plain to see the issues and the problems. However, as we all know, even when the handwriting is clear and evident, it takes years to have a sensible court acknowledge the injustice. Kenny's is a case in point: even though Kenny is innocent, the U.S. and Ohio constitutions allow us to execute him (despite the clear evidence of innocence). Therefore, if you can understand and believe what has happened to Kenny (and you must as all of us as supporters do) then, understanding Keenya's case and what has been done to her will be just as clear.
See what I mean: I haven't even told the details and already the tale is beginning to get long.....
Del
BTW - Keenya is NOT on death row
++++++++++++++++++++++++++++++
Within the next couple weeks, I will try to do an overall of Keenya's case. The problem is that it's difficult to cover all the errors, omissions, and dirty-tricks; they are so plentiful that I fear they are not believable and the recounting of them so long that people will tire of reading.
It will be easy for many to say that we're just crying wolf; especially any tales coming from her brother. Nothing could be further from the truth.
Keenya's is a case that exemplifies the willful and intentional abuse of power for the simple purpose of using her 'case' for political gain (and is why 'someone' invited the news media to her Sentencing Hearing to hear the judges extraordinary sentencing). Keenya was perscecuted by a concerted effort of a clique of judges, lawyers, Child Services Board members, vindictive and self-serving 'witnesses' and particularly a psychotic doctor who has since lost his license to practice medicine because of his behavior.
Lest we not forget a court-appointed attorney who was no attorney at all; who, too, was running for political office (same party as the judges and prosecutors) and was so inept and unqualified that he succeeded in becoming a poster-child for the prosecution i.e. they were full of praise of him in their appeal brief saying how well he had represented Keenya - this despite the defense attorney's own affidavit filed with the appeal brief stating that his representation was ineffective primarily because he failed to object when the prosecutor renigned on the forced plea agreement; his affidavit was his mea culpa when he realized how naive he had been and how he had been duped by the prosecutor and which resulted in an extraordinary sentence - yet the appeal court 'chose' to ignore that affidavit because it didn't serve their purposes. In their appeal brief, the prosecutors praised the defense attorney's skillful negotiation in getting her charges reduced from 36 to 5 - what a joke and how self-serving can it get?
In actuality, Keenya was initially charged with 6 counts in November 1997; 2 of kidnapping the children (i.e. restricting their movements) and 4 counts of Child Endangering (unspecified charges). In April or May 1998, the prosecutor made a plea offer to the defense attorney who turned it down without ever even informing Keenya of the offer; the offer was that if she pled guilty to the 2 counts of kidnapping that the state would drop the 4 counts of child endangering; the 2 counts of kidnapping would have been a max of 20 years.
In retaliation for the defense attorney turning down the plea offer, the state filed 30 more counts of child endangering (unspecified charges); for a total of 36 charges. The defense attorney didn't tell Keenya about this prior plea offer until July 7th (9 days before her scheduled trial of July 16th) when he told her he had had a 'chance' encounter with the prosecutor who made a new plea offer (problem is the defense attorney as early as 3 weeks before the scheduled trial had not returned Keenya's phone calls to discuss her case and strategy for the looming trial - at my insistence on June 23rd, I told Keenya to send fax requests for a face-to-face meeting with the attorney and to faxhim a copy of her witness list because he never did interview any witnesses).
This July 7th contact from the defense attorney was his first response to her requests to meet with him. He asked Keenya to meet him at the courthouse (she asked a 'friend' to go with her by the name of Sherry Bailey); she thought to discuss her case but, that's when he told her about his 'chance' encounter with the prosecutor that same day, about the prior plea offer that he had rejected because he 'knew' Keenya wouldn't accept it, and to tell her of the 2nd and final plea offer: if Keenya would plead guilty to 5 counts of child endangering, she would most likely get probation because of no priors but no more than 1 year.
The attorney told her she accept the plea because 1) he had never been given the opportunity to see the evidence against her (he had filed 2 Bills of Particulars requesting same and the judge never responded as is required by law to do) and, he was 'afraid your butt will spend the rest of your life in jail'. He told her he had to have her answer in 15 minutes. He added that the prosecutor said if she didn't take the plea that they would continue to pile on charges even if they totaled 1,000.
What would any of us have done? You know you are innocent of the charges, your attorney tells you he count mount a defense for you because he's not been provided any evidence and that you'll likely get probation but no more than 1 year and if you don't take the offer, you could spend the rest of your life in jail because that's the state's intent.
Keenya took the only alternative available - she accepted the plea. And, wouldn't you know, they then proceeded into court for the Plea Hearing. Well orchestrated timing which required the concerted efforts of the judge, prosecutor, and defense attorney.
The plea agreement that the defense attorney turned down would have netted her only 20 years maximum vs. the 25 years she received. But it was his brilliant negotiating skill and masterful representation which reduced the final number of charges from 36 to 5, at least that's the praise he received from the prosecutor. Some job, eh? What a guy, right?
This is just the tip of the iceberg. I haven't even talked about what happened before criminal charges were filed; what else happended between the filing of the criminal charges in Nov 1997 and the Plea Hearing on Juy 7, 1998; what transpired in the Plea Hearing itself; what happened between time of the Plea Hearing and the Sentencing Hearing and incarceration on August 11, 1998; nor the subsequent appeal and re-opening of the appeal filings.
Keenya's is the kind of case that is plain to see the issues and the problems. However, as we all know, even when the handwriting is clear and evident, it takes years to have a sensible court acknowledge the injustice. Kenny's is a case in point: even though Kenny is innocent, the U.S. and Ohio constitutions allow us to execute him (despite the clear evidence of innocence). Therefore, if you can understand and believe what has happened to Kenny (and you must as all of us as supporters do) then, understanding Keenya's case and what has been done to her will be just as clear.
See what I mean: I haven't even told the details and already the tale is beginning to get long.....
Del
