My father was convicted of a crime that he did not commit. His conviction is a travesty of justice. His conviction is illegal, facially invalid. I can prove it. He was a victim of fraud. The evidence is in “black and white.”
He was convicted for misdemeanor sexual battery. He was represented by David E. Boone( Law firm Boone, Beale, Cosby and Long). He told Mr. Boone that he was innocent and there was a preponderance of evidence to prove his innocence.
His conviction was illegal because his constitutional rights were violated. The Judge did not interrogate him; ask me how did he plea. The Judge did not tell him or his codefendant that they would be sex offenders by taking the plea. The Judge did not say anything to them. The law requires that a Judge interrogate a defendant in all criminal cases. (See Padilla v. Kentucky and Boykins v. Alabama.) His lawyer, David Boone, did all of the talking when he came before the Judge. Mr. Boone and the prosecutor induced them to plea by preventing them from knowing the consequences of their pleas. Mr. Boone told my father that he would not be required to register as a sex offender by taking the plea. Mr. Boone said that Brunswick County was a racist, punitive locally and the prosecutor wanted to convict him even though he was innocent. Mr. Boone told him that he had discussed the case with his mother and that she had recommended that he take the plea, but he had not. My father had been incarerated three months and he never had a preliminary hearing.
My father took the plea and called Mr. Boone a few days later and told him that he did not want to take the plea. Mr. Boone refused to appeal. Mr. Boone had a letter delivered to me in jail by Mr. Boone’s private investigator. Mr. Boone had back dated the letter and it was dated the day after the hearing. In this letter, he tells my faher that he may be required to register as a sex offender. He tells him that it would be my responsibility to determine if he would have to register as a sex offender after he was released from jail. Mr. Boone backdated the letter to make it appear that he had sent the letter within the appeal period. He did not, but his letter proves that my father was not advised of the consequenes fo his plea when he went before the Court (Padilla v. Kentucky). Even if David Boone sent the letter the next day as he alleged, my father’s constitutional rights were violated because his plea was not knowing, voluntary, or intelligent when it was made.
The letter David Boone sent after the court date, is proof that my father’s plea was invalid. If he were not told prior to taking the plea that he would be required to register as a sex offender, then the law says that his plea is not knowing, voluntary, or intelligent. You have to know the consequences of your plea for it to be legal. It is settled law that if a defendant guilty plea is not equally, voluntary and knowing, it has been obtained in violation of due process and it is void. See Johnson v. Zerbst, 304 U.S. 458, 304. I have a lot more evidence; affidavits signed by persons in Court that my father was not interrogated; statement from the complaining witness that she was not raped, etc. In additon, Mr. Boone did not tell my father about the abundance of evidence to prove his innocence.
My father’s plea is not time barred b/c his plea was involuntary, facially invalid. (See Gene Thornton v. State of Washington).
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Please help me to get this injustice corrected. My father can not get a decent job. This injustice has caused us depression and anxiety. My father’s mother says that a day does not go by where this injustice does not worry her. We have had so many sleepness night.
Please help us. Please respond here if you know anybody that can help us.
Please keep us in your prayers.
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