|I was accused of oral sex with a 12 year old girl, the
daughter of a past girlfriend. The charges were not brought until 1996.
The State refused to give any times or dates until the accusing witness
testified at the trial. The only notice I was given of when these acts
were to have occurred was an indictment that stated "sometime in 1988,
sometime in 1989, and sometime in 1990."
At the trial the dates given were "the week after Christmas in 1988, each month after that in 1989," and for the 1990 charge, the total testimony was that she "didn't remember when the last time was." No physical evidence was adduced into evidence to show that any crime ever even occurred. No other persons testified to witnessing any crime.
Since my trial in 1996, I have obtained affidavits and documents from five different people that prove beyond any question that at the times testified to at my trial, I was living in Mexico and Belize. Because eight years has passed between the time the crimes were to have occurred and the date I was indicted and tried, and because the prosecution refused to give us any dates or times before the trial started, there was little evidence that I had not destroyed to prove this which was available for the trial. We managed to adduce into evidence my passport which showed me entering Belize in June 1989. We found telephone records of my mother?s that showed collect calls from Mexico and Belize starting on December 1st, 1988, and continuing until July 20th, 1989. But I had no other evidence to prove my time in Mexico available at the time of trial. Understand you do not need a passport to go to Mexico, just a driver?s license. The passport was issued at the U.S. Embassy in Mexico City on May 30th, 1989. But since the trial my mother found an old address book I had with me in Mexico packed away in boxes in her basement. I wrote letters to all the people that I had met in Mexico without receiving any answers. The people that I had met in 1988-89 had moved, remarried and changed their names, or in one case, I later found out, simply refused to write to a prisoner because they did not want to become "involved." It must also be understood that where I was living in Mexico was not an area that Americans frequented. It was in large part a Canadian and European vacation area.
My first break came in January 1999 when my stepmother sent registered letters to all the people in the address book. A woman from Switzerland responded. Her old mailman knew her personally, and when he was given the registered letter addressed to her old address, he make the effort to forward it to her, even though the forwarding address service had long expired. God Bless him. From her address book, found a month after she executed an affidavit, other witnesses were found and contacted. The woman from Switzerland is a mother of three children. She executed an affidavit attesting she arrived in Zihuatanejo, Mexico on January 2, 1989, that a woman from Canada had introduced me to her in January 1989, that she stayed in Mexico until February 28, 1989, and that when she left on February 28, 1989, I was still there. She attached documents showing that she went to a Spanish School while she was there, and a picture of her and me sitting on the beach in Mexico drinking form a coconut. A copy of her affidavit was forwarded to the U.S. Ambassador to Switzerland.
The woman from Canada is a sixty-five year old retired school teacher. She executed an affidavit notarized by an attorney in February 2000, and a corrected affidavit in August 2000 because of the typo as to a date she gave, in which she attests she and her former husband arrived in Zihuatanejo, Mexico in September1988. She attests she met me in the fall of 1988, that I lived in an apartment on the beach where she was staying, that she saw me on that beach once every two or three days, and when she and her husband left Mexico in May of 1989, I was still there.
My mother also found a book packed away in the basement that I had brought back from Mexico with me. The book was autographed by the author. The author is a citizen of South Africa found living in San Francisco in July 2000 by my investigators. The autograph names me, wishes me good luck on my own book, and is signed by her and dated "Zihuatanejo, December 1988." In her affidavit she attests that the only time she had ever been in Mexico was between December 5th and 8th of 1988, that the book was signed then, and the handwriting and signature in the book was hers. She also attests she doesn't remember me, but does remember being introduced to a man down the beach and signing the book while she was there.
The fourth witness found was a woman that I have known since she was nine years old. Many years ago we became pen pals. She attests that in December 1988 she had went looking for me, and was told by my family I was in Mexico. She hired a private investigator in Costa Mesa, California who located me in Zihuatanejo, Mexico. She wrote to me general delivery there, and I wrote her back and called her in December 1988 on the phone. She also submitted a "Day Planner" page that notes I called her on March 12th, 1989 from Mexico.
Mother also found a copy of a doctor's bill on which the date 11/11/88 appeared. When she told me this I remembered I had received immunizations before traveling to Mexico. The doctor was contacted and her medical charts and records were obtained. Those records show me visiting her office on 11/11/88. The chart reflects that I stated I was going to Old Mexico and wanted to know what shots I needed. The medical chart reflects I stated I was leaving Sunday. The next entry on the medical chart is for August 14, 1989, and reflects me stating I had just returned from Mexico and had contracted scabies while there. I was treated for scabies by her until October 14, 1989, and issued a refill on the Kwell lotion after complaining the scabies was coming back, on that date. Her affidavit, and medical records, were not obtained until October of 2000.
I filed repeated motions in the federal court to have all of this evidence admitted into the record of my habeas corpus proceedings. All my motions were denied. I appealed that ruling, claiming that proof of the partial alibi I advanced at the trial was proof the jury had been prejudiced by the other constitutional errors I was raising in the Writ. My appeal was not only denied, but I was denied even an appeal on the issues. In January 2001 I appealed to the United States Supreme Court. Less than a month later the Court refused to hear my issues. Another portion of the Anti-Terrorism and Death Penalty amendments require that a State prisoner obtain a Certificate of Appealability on each and every issue they want to appeal. The Courts have avoided my proof of innocence by denying me that Certificate of Appealability. All of the above evidence of my innocence sits in a clerk?s file refused admission into evidence in my appeal.
So, even though I can prove that the charges made against me are false, I have been refused even placing my evidence into the record for consideration by the courts. It will not even be looked at by the judges when my appeal is heard. They cannot look at it, because it has been denied admission into the record, and a court can only consider the record when ruling on a case.
©2002-2004 James Love. All Rights Reserved.
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