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In many jurisdictions
across the United States, after a Defendant is found guilty of first
degree murder, as in Pennsylvania--The Prosecutors can introduce "Aggravating
Circumstances",
( Past convictions
for violent offenses), against the Defendant's "Mitigating Circumstances",
and if the Jury finds that the aggravating circumstance(s) outweighs the
Mitigator(s)--then the defendant is sentenced to death.
In my case , the Prosecutor
introduced a 1977 Murder conviction of a Drug dealer and the attempted
Murder of a New Jersey cop--and when the jury heard that--I was sent to
Death Row.
But things are not
always as they appear to be.
Over 20 years later,
this case has been reopened--and the findings are equally disturbing.
I recall December 6, 1976,
with a clarity. it was a cold, blustery night. The wind blew
furiously. Me and a friend, " Rasul", alias Bobby Goldstein
- planned to attend the opening of a swank nightclub , so we boarded the
train from Philly to Camden,New Jersey. My friend suggested we cop
some good weed to take to the club with us,and so we ventured into
and area of the city teeming with drug dealers,pimps, and prostitutes.
I had no idea my friend planned to stick up the dealer. But the dealer
immediately sensed he was being set up. In that flash moment guns
were drawn...a volley of shots rang out...I remember hearing the shrill,
urgent sound of sirens blaring. Screams. And the hoof-like
sound of my own frantic footsteps pounding the pavementtias I ran.
I never saw the cop. Never heard him yell: " Stop,Police !"
I didn't feel a thing when he drew his weapon and shot me point blank in
my chest. I lay sprawled on the frozen tundra. Time stopped.
I was arrested and charged
with murder--and attempt murder of the cop who almost killed me.
But I didn't snitch on my rap partner.
The young Public Defender
assigned to represent me was Leonard Baker. This was his first
murder case, he told me, and insisted that I plead guilty. I vehemently
objected. The State would call pimps, drug dealers, and prostitutes
as eyewitnesses, he assured me. And to my surprise -- my so called
friend, Rasul, AKA Bobby Goldstein -- was the State's star Witness.
(See Exhibit B)
Months before my trial,
Baker wasa so confident I'd be convicted, he wrote the Presiding Judge:
" There is still a strong that this matter may plead out..."( See Exhibit
C)
I was not yet 21 years old. I knew absolutely nothing about the complexities of law in a foreign State nor understood the twist and nuances of the Queen's Exotic English,sprinkled with high latin phrases and low greek. But with nowhere to turn, and no defense,according to public Defender--I capitulated.
Reluctantly, I agreed to plead Non Vult--( Which was not an admission of guilt to anything),The Attorney advised me it was not an admission of guilt, he told me, but which only means,"I don't want to talk about it."
Over two decades later,a hidden file emerged. I learned that the State deliberately withheld a statement of a crucial witness that Rasul, AKA Bobby Goldstein, told him that it was he - Goldstein - who did the shooting--and not Reginald Lewis. ( See Exhibit D Statement of James Hedgebeth.) This exculpatory evidence could have cleared me.
More egregious, Court records show that while Public Defender refused to file an appeal on my behalf -- he was simultaneaously brokering a deal as the Attorney for Prosecution witness Bobby Goldstein, who was released from prison. He gave a sworn Affidavit averring that he never represented adverse party and Prosecution witness Goldstein,but the newly-discovered evidence shows this is not true.( See Exhibit E,Affidavit of Leonard Baker, Esquire) also Exhibits F,G, H,and Exhibit I).
In legal terms, this is a Conflict of Interest" ,which renders his representation compromised and the sentence tainted ,and illegal. Since these illegal convictions were used to put me on death row, the death sentence must fall.
After countless court battles ,legal wrangling, sabotage by charlatan lawyers, hurdles upon hurdles I've had to overcome,I'll soon have the chance to be heard in the New Jersey Supreme Court.
Let us pray.
Copyright 1999 R.S
Lewis
Glasser vs. United States
315 US 60,70,62 S. CT. 457, 465, 86 L.ED 680, 699 (1942)
Williams vs. Kaiser
323 US 471, 475, 65, S. CT. 363, 366, 89 L.ED. 398, 402 (1945)
Von Moltke vs. Gillies
332, 92 L.ED 309, 319 (1947)
Reardon vs. Marlayne
Inc 83 NJ 460, 473, 416 A 2D 852 (1980)
Dewey vs. RJ Reynolds
Tobacco Co 109 NJ 201, 536 A 2D 243 (1988)
State vs. Belucci
81 NJ 531, 538, 410 A 2d 666 (1980)
State vs. Nackson, Esq.
114 NJ 527, 555 A 2D (1989)
State vs Sanders
260 NJ super. 491, 616 A 2D 1345 (1992) See also 151 NJ 5,697
A 2D 511 (1977) and State vs Neal Murray 315 NJ Super. 535 719A
2D 190 (1998)
I, Reginald S Lewis, therefore alleges that my rights under the Constitution of the United States and the Constitution and laws of the State of New Jersey.
Rule 3:22--12 provides,
"A petition to correct an illegal sentence may be filed at any time," See
State v. Levine 253 NJ State v Paladino
203 NJ Super 537, 549 - 50, 497 A 2d 562 (app. Div. 1985)
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