Angola 3 - Herman Wallace Files Habeas Petition

From:    "Political Prisoner News" <ppnews@freedomarchives.org>
Date:    Tue, December 8, 2009

Monday, December 7, 2009

<http://angola3news.blogspot.com/2009/12/herman-wallace-files-habeas-corpus.html>Herman
Wallace Files Habeas Corpus Petition

On Friday, December 4, Herman Wallace filed his
Habeas Corpus petition with the federal courts.
You can read/download the filed petition
<http://www.indybay.org/newsitems/2009/12/07/18631725.php>here.

The petition asserts: "...129. Mr. Wallace has
been convicted of murder and sentenced to life in
violation of the Fifth, Sixth, Eighth and
Fourteenth Amendments to the United States Constitution."

One excerpt states: “…93. The factual scenario
presented to Mr. Wallace’s jury in 1974 was
entirely different than it would have been if the
State had honored its constitutional obligation
to disclose materially favorable evidence to the
defense. Post-conviction proceedings have
revealed that­in a case where the prosecution
relied exclusively on inmate testimony to secure
a conviction­the State purposefully withheld
evidence of deals, perjured testimony, and prior
inconsistent statements. This evidence would have
discredited each and every one of the State’s witnesses.”

One more excerpt states: “…123. In addition to
the State’s suppression of deals, false testimony
and prior inconsistent statements with respect to
the inmate witnesses who testified against Mr.
Wallace, the State also failed to disclose
statements by other witnesses that would have undermined the State’s case.”

Background

On September 19, 2006, State Judicial
Commissioner Rachel Morgan recommended
overturning Herman's conviction, on grounds that
prison officials had withheld evidence from the
jury that prison officials had bribed the
prosecution's key eyewitness, Hezekiah Brown, in return for his testimony.

However, in May 2008, in a 2-1 vote, the State
Appeals Court rejected Morgan's recommendation
and refused to overturn the conviction. Herman
appealed this to the State Supreme Court, but on
October 9, 2009 the Court ruled against Herman and affirmed the conviction.
Posted by angola3news at
<http://angola3news.blogspot.com/2009/12/herman-wallace-files-habeas-corpus.html>8:12
PM

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