[Ppnews] Angola 3 - Herman Wallace Files Habeas Petition

[Political Prisoner News]

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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