WITHHELD EXCULPATORY EVIDENCE - witness statements

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Exculpatory evidence is evidence tending to establish a defendant's innocence which the prosecuting attorney has a Constitutional duty to disclose.

Through a public records request to the Warrensville Hts., Police Department in 2020, I discovered a witness named Dave Pasley. 

See attached statement that has been withheld for over 17 years. 

Here, Dave Pasley's written statement is in opposition to two state witnesses (Damon Leggett & Mario Ledford whom Detective Thompson of the Warrensville Hts., Police Department wrote their statements for them) and he claims they saw two "suspicious" black males get into the victim's van with him, right after Dave Pasley spoke with the three of them about whether or not they called him. 

See attached statements, noticing the skin tone difference in their supposed statements.

In addition to the prosecuting attorney having a constitutional duty, defense counsel also has a constitutional duty under the United States Constitution and Ohio's Constitution to provide effective assistance of counsel to defend a client with evidence that tends to establish the innocence of his or h r client. However, I was never given an opportunity to question this witness as to why he didn't see the exact same thing- two "suspicious black males", as the two other witnesses, Damon Leggett & Mario Ledford. 

Here, our governmental state representatives, that is, court appointed counsel Thomas A. Rein (now deceased), Mary K. Tylee, and Terrie M. Webb, who are paid through taxpayer funds, hid this key witness (Dave Pasley) from us at trial. 

In addition to the withholding of this key witness, counsels failed to call upon another key witness, a latent fingerprint examiner, Charles M. Connor, (see attached letter dated April 10, 2007, and further below, see alleged finger print heading) calling into question the alleged fingerprint evidence. 

The state court appointed attorneys knew my fingerprints and Richard Segines fingerprints were never on he victim's van. They knew about the latent fingerprint expert's statement even though the prosecution doctored up supplementary reports confirming that my prints were lifted off of the passenger door of the victim's van, and Richards was on the driver side door. The prosecution also allowed two unlicensed fingerprint examiners, Felicia Simington and Barb Kusznir to testify, confirming having our fingerprints to get the unlawful arrest warrant. 

Nevertheless, Felicia Simington or Barb Kusznir were permitted to testify to the court and the jury and neither produced the physical evidence during the trial because "they thought" showing evidence would have been too confusing for the jury!!! 

Additionally, Judge David T. Matia sat on his high bench and smirked while overruling objections on cross-examination to have the unlicensed witness stricken from further testimony. 

We never knew that our trial attorneys were aware of this witness until March of 2022 when I filed yet another public records request asking for the prosecutor's response to request for discovery which was filed on December 15, 2006, six months before my trial.

October 29th 2021 (attached), the assistant prosecuting attorney, Gregory Ochocki, openly admits he has searched high and low for the fingerprint evidence that we have been convicted on and the evidence can not be located. 

That is to say, the same alleged "latent" fingerprint evidence that's referred to as being valid, and in the possession of the courts as stated in their published opinions on every appeal, and every opposing motion that has been filed against me since my first appeal. 

These alleged finger prints have led to our unconstitutional convictions do not exist. 

Gregory Ochocki just recently admitted these fingerprints do not exist. Please see the prosecutor's report below.