Artez Hammonds
The old confederacy rises
again in yet another miscarriage ofjustice. As is the norm in our modern
society, "if the police can't convict a rich white man for a crime, they
put it off on a poor black man" in order to clear their records. I am a
black man on deathrow simply because I was convenient and lacked the funds
to secure a competent attorney. I was snatched away from my loving wife
and children, because the poor and minority are considered to be a disposable
entity. It is easy enough to lock them away-or execute them-for crimes
they did not commit. This case adequately represents the prejudices and
inadequacies that still haunt our system of justice, so shot through with
the frailties of human judgments. To get a truer sense of my situation
please read the remainder of my story very carefully.
THE INVESTIGATION
On May 15, 1990, a young
white woman living in an all white community was murdered and according
to investigators, raped as well. But according to the state's forensic
witness this was very questionable. It is not my intention to offend
anyone nor do I wish to speak bad about this young lady because for one,
she is dead, and two, I did not know her. However, the evidence suggests
that she was living a double-life. While engaged to be married to one young
man, it is alleged that she was having an affair with a doctor. There is
also other evidence that indicates she and her fiancee had a big argument
just before she was killed. Coincidentally, her engagement ring was missing
when her body was discovered. Another coincidence is that the doctor involved
in the alleged affair suddenly moved to another state, "after" his then
girlfriend made statements to investigators that "he" had killed her. For
6 years the FBI profile indicated that a white male had committed the crime.
Additionally, there was forensic evidence that supported this theory.
PRE-TRIAL PUBLICITY
At no time in the history
of this community was there more publicity than in this case. Yet, the
presiding judge would not grant a change of venue. It is important to note
that the judge had only recently been appointed to the bench at the time
this case was assigned to him. With an election for his position looming
one can only wonder what impact the need to be a law order judge had on
the trial court's decision to keep the trial before the electorate. Could
it be that with an upcoming election a conviction was needed to insure
his success??
THE JURY
The judge's bias along
with the prosecutions efforts to eliminate blacks from the jury panel resulted
in an almost all-white jury, with the exception of two blacks. The jurors
were mostly of older persons. During jury selection a white juror was reported
for violating the judges order instructing potential jurors, "not to discuss
the case." She was reported by a black woman. The white juror when
question by the judge denied this. The judge struck both jurors for cause.
The prosecution encouraged this action because, for them, it meant one
less black they would have to worry about. But what legal basis did the
judge have for punishing this black woman for doing what she was supposed
to do? There is no legal basis for such action. Instead, the judge was
sending a message-that this is still 'white america' and a black or minority
speaking out against a white person is still not permitted. This type of
judicial conduct is reminiscent of the "Jim Crow" days when blacks weren't
allowed to speak bad or challenge white persons. Another incident involving
the misconduct of another white juror is a contributing factor in this
contention. This juror was reported by another white juror for having a
cellular phone after having been instructed by the judge,"that while being
sequestered jurors would be prohibited from carrying cellular phones, pagers,
or other electronic communication devices." when, too questioned, this
white juror denied this. Subsequently, this jurors cellular phone records
were immediately subpoenaed which revealed that this juror was carrying
a cellular phone and had made numerous phone calls to someone. After learning
of such extrajudicial communication/contact this juror was allowed to remain
on the jury panel,in contact with other members of the jury. The judge
never polled the other members of the jury to ascertain whether or not
this juror had made comments to them. Had this been a Black or minority,
would such preferential treatment been awarded to them for such a blatant
disregard??!! Additionally, it is this type of treatment that contributes
to the racism that continues to plague our system of justice !
EVIDENCE PRESENTED BY THE PROSECUTION
The prosecution presented
testimony from the states forensic expert indicating that I could be the
source of the physical evidence allegedly found at the crime scene. The
prosecution brought in a witness that testified about having seen me with
a ring similar to the one missing from the victim. This witness supposedly
saw the ring while sitting inside a car, with dark tinted windows which
were rolled up, while being a distance of 7-10 feet away from me. Another
prosecution witness testified that he saw me (a black man) in an all-white
bar, that I, a complete stranger approached him and began volunteering
information about sexual acts I allegedly acquired from white women. This
was a calculated move by the prosecution to interject racial bias which
would inflame white jurors.
EVIDENCE PRESENTED BY THE DEFENSE
A local white attorney
with social and economic ties to the community was appointed to represent
me. He received threatening phone calls from white citizens opposed to
him representing me. At trial be subpoenaed two witnesses; the first witness
was the manager and owner of the all-white bar, who testified that the
conversation alleged to have taking place in this bar according to the
prosecutions witness, never took place. The second witness for the defense
was a co-worker of the victim who testified about a white male exposing
himself to the victim and making sexual advances toward the victim around
the time the victim was killed.
MY ALIBI
On the day of the murder,May
15,1990, I was at work. I worked a full eight hours. I had time records
to prove this and had the statements of co-workers to verify this.
EVIDENCE FAVORABLE TO ME BUT NOT PRESENTED
There were a number of witnesses who could have provided evidence that would have exonerated me; the FBI agents who generated the suspect profile which indicated the suspect to be a white male. The witness who told investigators that her boyfriend, a prominent white male doctor who was having an affair with the victim, was responsible for the murder. A pawn shop owner who could have provided evidence about the missing ring. Additionally, there were other witnesses associated with law-enforcement agencies who received information that proved to them that I was not guilty of the charged crime.Then there were the neighbors who lived across the street from the victim who remembered seeing the victim last with a white male other than her fiancee. And lastly, there were testimony from a pre-trial hearing that proved that the state's forensic experts tampered with my blood sample and testimony that another state's expert fabricated a forensic document declaring a DNA match on my blood when a match did not exist. Why wasn't such crucial evidence presented at my trial?
In a capital murder case a criminal defense attorney charges in the excess of $80,000. The local attorney appointed to represent me was paid $2,000 by the state. There was no way this attorney would represent me effectively in such a high profiled and racially motivated case. Additionally, in the eyes of racist white citizens of this county it didn't matter that I was innocent, all that mattered was that I was a black man allegedly responsible for the rape and murder of one of their own. While a conviction would be simply had, the truth is more complicated and ultimately more troubling. We all know that serious flaws plague Americas criminal justice system, which condemns the innocent more ofien than most fair-minded citizens would like to believe. I don't claim to be a model citizen but, a killer, I am not. My family and I really need someone to help us and this is our plea for help.
My family and I need donations
of either money(to finance an appeal/new-trial) or volunteers to do legal
and investigative work. If you should have any questions about anything
contained in my story please write me at my address which is listed at
the very end of my story. My story is not designed to offend anyones race,
but only to offend racism and to alert society to those injustices that
are instigated by racism.However, if anyone has been offended by my story,
please accept my apology. There is so much more to my story. Please inquire!!
FOR DONATIONS OF MONEY PLEASE SEND TO:
SUSANNA HAMMONDS
P.O.BOX 135
DOTHAN,ALABAMA 36302
Please, I really need your help and support now before my appeal is exhausted in the courts!!!!!
THANK YOU,
ARTEZ HAMMONDS
#Z-630 5-U-14
HOLMAN 3700
ATMORE,ALABAMA 36503
I am a Black male 29 years of age, weight 230 pounds, height 5'11", with brown eyes. I enjoy reading books about religion, history, as well as other topics that stimulate my interest. My hobbies are drawing, working crossword puzzles, and working creatively with my hands. I'm interested in corresponding with mature individuals.
ARTEZ HAMMONDS
#Z-630 5-U-14
HOLMAN 3700
ATMORE,ALABAMA 36503
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