Governor, once the Jerry
Springer antics are removed and the smoke has been blown away a troubling
picture begins to emerge.
Your brethren have led you to believe that there is physical and scientific
evidence against me. However
I can show you by their very own reports that is not true. I can show you
that they have committed
gross misconduct and used testimony that they knew was perjured and
vouched for. There is no
evidence that places me inside the crime scenes. My finger prints nor shoe
prints were found at the
scenes nor on anything. My hair was not found in any of the mask. I don't
fit
any of the descriptions
given. My conviction is based on perjured testimony the prosecution knew
was
perjured and have been doing
a effective job of concealing ever since. But than again, when the trial
prosecutor (Danny Breyer)
is the brother of the postconviction prosecutor (William Breyer) this is
easy
to do. William Breyer has
been covering up for his brother for many years now. It must be a wonderful
thing to be from a county
where it is common practice for the postconviction prosecutor to author
the findings of facts and conclusions of law for the postconviction judge
to accept in toto, knowing full well
all other following courts
will accept this findings as well. But let me take you back to the
evidence.
See Exhibit
(2) the official crime lab report. No hair nor shoe print
were found to be mine. However they
were found to be that of
my co-defendant. The two suppose specks of blood found on my pant
leg, was not that of Mr. Tewksberry. see Exhibit
(2)(A). Mr Tewksberry's blood was determined to be group
"0"
of the ABO system. Q-24
as you'll note are my pants. Q-20, Q-21 was clothing removed from my co-defendant
Wm. Woodall. Q- 26 was the drivers seat. The lab report states: "Test
for the presence
of blood and the presence
of human protein on the stained portions of the sweater Q-20, the slacks
Q-24 and the stained specimen Q-26 were affirmative. The "H" antigen was
detected in the stained areas of Q-20, Q-24 and Q-26. Mr.Tewksberry's blood
did "NOT" contain the "H" ANTIGEN!" Nineteen years ago this finding
would of been as good as any DNA testing performed today - However this
fact was withheld from my trial jury. They was led to believe that Mr.
Tewksberry's blood was found on me. What was also withheld was the testimony
adduced at Woodall's trial, was that he was bleeding from a head injury
that day. The state has conceded during my appeals that this was not Mr.
Tewksberry's blood, the murder weapon used at trial was indeed not the
murder weapon. However none of this was placed before my trial jury.
They was misled to believe this false evidence.
It can be shown that on three
separate occasions trial prosecutors Danny Breyer and Carl Vollman
knowingly solicited perjured
testimony. Referring you back to Exhibit
(2)(A), trial prosecutors had
states witnesses Dennis
Nitz and Jim Henneberry identify a knife as being the knife they had seen.
Prosecutors knew this was
false and led my jury to believe otherwise. See Exhibit
(2)(A). Q-27
was the door removed from
the second crime scene. Jim Henneberry said he was chased to the back
of the store, at which time
he locked himself behind a door that the perpetrator stabbed with the knife
he was holding. Q-1 is the
knife Henneberry and Nitz identified. The lab report states clearly, "The
hole
in the door Q-27, was not
made by the point of the knife Q-1 . However this was withheld from
my
trial jury and they were
misled into believing otherwise.
It is amazing that right
after the crime, Jim Henneberry couldn' t remember nor identify anything.
Same as when he testified
at the probable cause hearing. It is even more amazing how his first statement
given to police right after the crime vanished, but at my trial some months
later he developed
his amazing memory. However
it was perjured and mistaken. Henneberry testified at trial that the man
who chased after him had
on a red and black jacket. At Woodall's trial (Both of my co-defendants
were
tried before rne.) he testified
the man with the knife that chased him was thin and about five feet to
five
foot eight inches tall,
around 150 pounds with brown hair. Nitz testified the man chasing after
Henneberry was wearing tan
or brown pants. At the time of my arrest, I was placed around 6 FEET.
(I am actually a inch or
two taller) A 180 pounds with blue eye and "BLOND" hair. See Exhibit
(3).
I was also wearing blue
slacks, Exhibit (4)
and a blue and white striped sweater Exhibit
(5)
Mr. Tewksberry identified
his assailants as being white. He could tell they were white because they
didn't have on gloves and
he could see their hands. (Isn't it odd that a phone could be removed from
a
wall and no prints found?)
He also identified one as having on a plaid shirt. Police reports will
show that
after this description was
give by Mr. Tewksberry, they were indeed looking for a suspect wearing
a
plaid shirt. Before this
critical information was released to the media, a confidential informant
notified police and identified Robert Pottinger as wearing a plaid shirt,
always wearing a plaid shirt. Exhibit
(6) This as well was withheld from my trial jury.
Pottinger became a working snitch for the prosecution to save himself from
a murder charge did come forward and on his own started making confessions
in interviews to Mr. Robert Fitrakis. Pottinger also admitted that while
he was being held in a juvenile institution he was being threatened to
continue to cooperate or face murder charges. In light of this withheld
evidence Mr.. Tewksberry himself exonerates me! The evidence placing
my co-defendant at the scene, the confidential informant identifying the
plaid shirt and Mr. Tewksberry' s very own description of a plaid shirt
speaks for itself! I have been at a disadvantage over these matters for
various reasons. I have no memory to the events of that tragic night
due to being incoherent and unconscious during the time. Even the detectives
at the time of my arrest said they placed me a holding cell to sleep it
off, that I was in no condition to be interviewed. Some nine hours later
I woke. A number of witnesses have stated,
or made statements to the
effect of alcohol and different drugs I had ingested through out that day
and
night. However with what
I have read and judging by the actual evidence and people coming forward
and
admitting their guilt, the
picture of that night is becoming clear. At the time of arrest, Woodall
and
Brewer had a large amount
of small bills consistent with the moneys taken in both robberies. Woodall
admitted around the time of being interviewed by detectives, that he knew
there was going to be robberies, however he didn't want anything to do
with sanething as heavy as a murder. When I was arrested I had less then
five dollars. A substantial share of the moneys taken was missing, along
with a key suspect ignored to a degree in order to be used as a informant.
The only physical evidence the state tried to use was that I had a watch
that (COULD) of been Mr. Tewksberry's. However at trial this couldn't be
produced, because it was a false outlandish lie! The only thing the prosecution
presented was a
photo copy of a index card,
and an excuse that a mistake had taken place. Are they saying they are
a bunch of key stone cops?
If this was indeed true the prosecutor could of at least presented a original
copy of the index card and not a falsified photo copy of one. As
stated by the evidence shown thus far Governor, the states evidence,
there is no evidence against me, physical or scientific to show, let alone
prove I am guilty of these
crimes. What the evidence does show is that others have committed these
crimes and that I am innocent. Once I am murdered life can not be placed
back into my body. The system shouldn't be permitted to protect itself
against what it has done to me at the expense of my life,
nor another day of my freedom
that has been so unlawfully taken from me for nineteen years! Your brethren
have lied to you and are using you Governor. They have misled you into
doing their bidding to commit murder. Murdering me will not make this ugly
chapter in Ohio's history go away. People will not permit it to go away.
It will hurt you politically with the voters if you stand up with the "moral
fortitude and do the right thing. The state of Ohio knows you will carry
out a execution. But are you willing to carry out the state sanctioned
murder of someone with such a strong showing of innocence, a conviction
that is so tainted with corruption and misconduct it cry's out? I guess
that is still to be seen.
Governor, now lets look at
what my conviction is actually based on. Even the courts have agreed,
Armstead, the states key
witness was indeed the key to my conviction. Breyer and Vollman knowingly
solicited perjured testimony
from Armstead and in turn vouched for his creditability. Virgil Jordan
and
Ronald Armstead got
Hamilton County prosecutors their capital indictment and conviction by
lying and
working together. Virgil
Jordan was a known and long time snitch for Hamilton County prosecutors.
Used to testify before grand
jury's to get indictments, set up drug bust and generally, just snitch
on
anything and everything
he could. Carl Vollmnan had used Virgil Jordan in the same function as
he did
in my case. To work as a
agent on the prosecutions behalf and testify before the grand jury. see
Tolbert V. Jago, 607 F. 2d 753, 755 (6th circuit 1979) Also see Exhibits
(7) and (8)
affidavits of Jordan's very own brother and sister as to how he worked
with police and prosecutors Virgil Jordan lied before the grand jury for
Carl Vollman once again and obtained a indictment for him. Jordan was working
as a agent for the Hamilton County prosecutors while he was being held
in the Cincinnati workhouse. See Exhibit
(16) Once Jordan was suppose to of obtained suppose
information from defendants, he testified before the grand jury on 5,20,83
and a court order was obtained by prosecutors to have him removed from
the
workhouse and placed in
the county jail. Exhibit
(16)(A) Jordan testified in Brewer's trial that he was
present during the airing
of a P.M. Magazine segment that included the Tewksberry family and
admissions were made. Exhibit
(16)(B).
There is one very clear problem with this, Jordan was removed
from the workhouse by court
order obtained by Hamilton County prosecutors on the 20th of May 1983.
Exhibit
(16) Ronald
Armstead testified during my trial that suppose admissions were made during
this
same said airing. This batch
of lies goes to show the established pattern of story lies put together
by
Armstead and Jordan.
The tell, tell of this plan to work with Hamilton County prosecutors and
to do
whatever it took to get
play on their own pending cases and parole violations is the affidavit
of Marvin
Randolph. Exhibit
(10)
Randolph was a part of this concocted plan. Some years back, Jordan had
admitted to a attorney how
he had received and been receiving favor with his crtminal cases and
moneys from the Hamilton
County prosecutors office - (furtherance of justice fund).
However at the time he was fearful of signing a affidavit because it may
have affected him receiving a parole. An affidavit was made out in
support of this statement, by the attorney this statement was made to.
I do not have a copy of it at this time, but will receive a copy it you
so wish, It is a part of the record.
Ronald Armstead and Virgil
Jordan worked the system in order to get what they wanted, and Hamilton
County prosecutors worked
right along with them. Exhibits
(9)(10)(11)(12)(13)(14)(15).
Ronald Armstead lied at my trial, not only about the supposed admission
but also about his pending return to prison facing up to fifteen years.
Danny Breyer and Carl Vollman knew he was lying, however instead of correcting
his lies, they vouched for his credibility supporting his perjury. You
are from Hamilton County Governor. I don't need to tell you how the racial
divide is. Back in 1983 it was even worse than it is in the headlines today.
In the workhouse whites and blacks were even more self segregated off.
I did not associate with black prisoners. I did not hardly associate
with anyone period. Exhibits
(9)(10)(11)(12)(13)(14)(15).
Everyone knew that Armstead and Jordan were working for the prosecutors
office.
Exhibits
(9)(10)(11)(12)(13)(14)(15).
Because I wouldn't associate with blacks Armstead and Jordan were having
a hard time getting information and resorted to making things up for the
prosecution. They were liars and junkies working for a deal and bragged
about it after they worked with the prosecutors. Exhibits
(9)(10)(11)(12)(13)(14)(15)
Even Judge Merz found the workhouse witnesses creditable. Danny
Brayer testified that a fight had happen in the bull pen at the county
jail, and that Armstead was a part of this fight. His testimony has help
to establish Exhibit
(17) as being truthful. The affidavit of Jim Bayer. Bayer
states that three or four black guys was in the bull pen with him.
Breyer himself places one of them as being Armstead. Bayer describes the
other as Virgil Jordan. See Exhibits
(7)(8)
Of Virgil Jordan's brother and sister describing his gold tooth.
Boyer witnessed Armstead and Jordan bragging about how they were going
to see to it that I fry! Exhibit
(17) He also
witnessed a fight that broke out and he got hurt. Exhibits
(17)(A)(B)(C)(D)(E).
As stated, Carl Vollman and Danny Breyer solicited and vouched for Armstead's
perjured testimony. Armstead testified falsely as to having anything pending
and that he would be getting out in a couple of weeks. On 12,20,82 Armstead
was declared a parole violator and was to be returned to prison -
Exhibit (18). On 8,2S,83 it was found that there
was no mitigation which warranted any other course other than a return
to the institution. Exhibit
(19) However on 8,19,83 the wheels were in notion to get
Armstead out. He was being released a month early from his county jail
time. He had assisted the Hamilton County prosecutors in a murder case,
and it was recommended for him to be released, please call Clarke. Exhibit
(20). On
Exhibit (18) there is
a note that reads, Armstead testified in a murder case, advise Terry Taylor
of circumstances. Exhibit
(21) speaks for itself. Ronald Armstead testified in Byrd
case. Hamilton County prosecutors called indicating same. Being returned
to parole out at 10,26,83 should be placed in Ca. Exhibit
(21) Hamilton County prosecutors are trying to make
you and Others believe that there was no agreement between them and their
snitches - This should be viewed as an insult to your intellect. A few
days following my conviction Armstead wrote a letter of congratulations
to Danny Breyer as to the outcome of the trial. He also stated, "Now we
want to get our time straighten out." I just seen my parole officer he
said give him a call." Exhibit
(22) Clearly Armstead expected Danny Breyer to act on his
behalf - And Breyer did. By a phone conversation and a written letter to
Mr. Clarke. Exhibit
(23). Breyer clearly states that if it wouldn't of been
for Armstead my prosecution would of concluded with a much less favorable
result. Exhibit (23)
when Armstead grew impatient and felt Hamilton County prosecutors
weren' t moving quick enough he wrote another letter. Making it clear that
he was still sticking to his testimony, however this time he laid a threat
in the game of his own. He stated that he had instructed his mother to
go to the FBI and media. That he knew how to help himself. From that moment
on all rules were broken pertaining to the releasing of prisoners going
out on parole.
Not only did Armstead get
out, but he was flown to Ca. Prosecutors have said that Armstead's
nother
had paid for his plane ticket
Exhibit (24)
This simply is not true. Mrs. Armstead has denied paying for
any such ticket. Exhibit
(25). Armstead's brother stated that he never received
any paper work, (A
PAROLE PLAN AS REQUIRED)
pertaining to his brother being paroled to him to live in Ca. Armstead's
brother stated that all
he received was a phone call from Hamilton County prosecutors asking him
if he
would accept Armstead
He also stated that he had not purchased Armstead's plane ticket.
Exhibit
(26). As stated, this is not the established procedures
made, not taken by the parole board when releasing a prisoner on parole,
let alone a violent prisoner being placed out of state. Even Arrmstead
admitted he did not know where the plane ticket came from. That he had
never seen a plane ticket. That a guard had taken him to the airport and
placed him on a plane. Exhibit
(27) Someone has been protecting Armstead ever since he
was released from prison. He has had a number of serious offenses that
for one reason or another have found their way of being dismissed. It is
believed that Hamilton County prosecutors have been protecting Armstead
to be keep him quiet as to their deal being made with him. When my counsel
attempted to contact Armstead, he made a threatening call to the Public
Defenders office informing than that he had friends in high places and
if they didn't back off things could happen to them.
Exhibit (29). Mr. Clarke, one of the key players
in arranging Armsteads release with Hamilton County prosecutors lost his
job with the parole board under a dark shadow and spent time in a federal
prison. Mr. Clarke has information, however for some reason he is fearful
with coming forward and disclosing the information he has. Only a federal
investigation will help to bring this information out. Tha Armstead timeline
is interesting to look at as well. Exhibit
(29)
Although Judge Merz did not
believe Brewer, he did believe Brewer confessed to other prisoners. He
did
find Benny Fields and Rodger
Hall to be truthful. If the other affiants would of been heard as
to Brewer's
confession I submit he would
of found them to be truthful as well. Thus I am attaching their affidavits
as
well. Exhibits
(30)(31)(32)(33)(34)
Governor, you have been lied
to and misled by your brethren, so was the parole board. I question just
how much fairness I received
with the parole board given their involvement with Hamilton County
prosecutors during the time
of Armsteads release. However aside from that, they were still misled
and
based their recommendation
on the misrepresentation of the actual facts and evidence. What I have
placed before you Governor
speaks for itself. What should be being considered here is not you
permitting me to be murdered,
but that my sentence should be commuted to tine being served and this nightmare
my family and I have been forced to live ends. At the very least you should
grant a reprieve and order a federal investigation into my conviction and
the way Hamilton County has handled this case. I know that this is very
unlikely to happen. I also realize that by making such a suggestion is
the same as me pointing a loaded gun to my head and pulling the trigger.
I know of your ties with Hamilton County and their prosecutors office.
You are one of their brethren. But Governor, how can you not act? This
is their evidence I have shown you, their misconduct, their lab results.
Someone has to take responsibility here, and make a responsible stand.
My innocence is shown. Don' t permit a innocent man to be murdered on your
watch Governor, we all must face judgment some day before god. Don' t be
judged the way you have judged me. There is a stench illuminating off of
this case, don't let it stick to you. I realize
I have made a few typing,
grammar and spelling mistakes within this writing, please overlook them,
and
seriously look at the facts
presented as they are.
JOHN WILLIAM BYRD
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