The state court's decision was and is contrary to law, and is based on an unreasonable determination of the facts in light of the evidence presented.
The record in this case is manifest that critical material tape recordings were intentionally erased by police and prosecutorial agents, and thereupon a police officer was permitted to "guess or speculate" as to the actual contents of those recordings "before the jury."
Other records currently before this court clearly and irrefutably demonstrate that the Jefferson County Prosecutor's Office had instructed served individuals to "rob and murder" petitioner, and petitioner is therefore prepared to prove on evidentiary hearing that his prosecution in the instant case was/is merely an additional act toward the completion of that prosecutorial agenda.
Petitioner strongly avers that he is actually innocent, and has repeatedly sought a polygraph examination. The respondent, however, has refused to permit the personnel from Poly Tech to come into this prison facility to effectuate that testing, and because of which, he is unconstitutionally precluded from establishing, through accepted scientific techniques, his actual innocence.
Additionally, there is a strong case for a reasonable mind to conclude that the allegations made against petitioner are materially false. Petitioner was alleged to have "repeatedly stabbed" this officer's uncovered hand on the door of the petitioners car, without ever once considering removing his hand from harm's way. The logic simply doesn't follow.
Adding insult to injury, the alleged "repeated stabbing" never so much as broke the skin of the officer's uncovered hand. It, in turn, doesn't take a rocket scientist to discern that there is grave doubt that such events had actually ever in fact, occurred.
©2000 IIAO Inc.