Carl L. Brooks.

FALSELY ACCUSED AND CONVICTED

 

By : Carl Lee Brooks Jr.

 

When I was arrested in 1995 I was uneducated, a 10th Grade drop out.  I could not afford an attorney and I did not know much about the law. The State of Texas then appointed me two trial lawyers to represent me at my trial.  I was also appointed a lawyer for my State writ to be filed and a lawyer to file my Federal writ and Fifth Circuit writ.  During my trial and appeals there were many violations of my rights and errors made.

 

1. The State had 2 kids testify against me.  Seventeen years old Reginald Taylor and sixteen years old Mack Simpson.  Both of these witnesses recanted their statements and testimony before and after my trial.  I was granted a hearing, August 1999 in which Simpson and Taylor both testified that they lied on me at my trial.  But the Judge at the hearing refused to accept their recantation, basically because he did not feel they were being truthful at my hearing.  But he felt they were being truthful at my trial that got me convicted of Capital Murder and sent to Texas Death Row.

 

2. My childhood girlfriend's father "John Kipling" was called in to lie and make a biased testimony about the relationship that his daughter "Stéphanie Kipling" and I had for several years.  My reason for saying he lied and that he is biased is because he testified that his daughter and I starting dating and became romantically involved in her 10th Grade year.  Mr. Kipling also stated that her grades began to drop when she began to date me, and that we would sneak out of the house to be together at all times of the morning. Actually, Stephanie and I began dating in the summer of our 7th Grade year, and her grades remained good.  The reason for our sneaking out is because he forbid his daughter to have a relationship with a Black.  I feel that he was called to testify and was biased  because I was convicted by an all white jury - and Mr. Kipling's complaint was of an interracial relationship that I had with her daughter.

 

3. A juror was arrested at the Court House entrance the day the punishment phase of my trial was to began.  He was arrested for bringing  a cocked and loaded handgun (with a bullet in the chamber) into the Court House.  At the time of the arrest, the Juror was not booked or charged with any crime.  In fact, he was immediately released  by my Trial Judge  and ordered to finish the civil duty as my juror. No charges were brought against the Juror until after he and 11 others sentenced me to death.

 

4. There were some clothes and a shoe with blood on them.

The State claimed the clothes and shoe to be mine.  A pair of pants Size 38 waist - 32(or 34) length - Shoe size 9 1/2. The State issued a warrant for my blood to do DNA testing, which I willing gave.  The DNA results came back "negative" to my match and inconclusive to match the deceased.  Yet, the clothes were still allowed into  evidence. I am 5'93", and at the time only weighted 157 lbs .  My shoe size is 10.  None of the items fit me. My case was denied by the C.C.A. and on June 2nd 2004, U.S. District Judge Biery denied me Federal relief.

 

In the Attorney General response to my application for C.O.A. (Certificate of Appealability) to the Fifth Circuit, the Attorney General wrote "when Brooks complained of Kipling testimony on direct review and brief for Appelant at 36-39, Brooks vs. State, N° 72.806 the Court of Criminal Appeals, noting that Brooks failed to object to the testimony of trial, and declined to review the Claim on the merits".

The Attorney General also wrote "Brooks did not clearly raised a complaint about gun should not have been allowed to continue to serve as a Juror on my case".

State-Court Jury bias, implicating the sixth and fourteenth amendment"... The Attorney General also wrote "Although Brooks alleges that the courts  below rejected his actual innocence claim, brief at 25, Brooks in fact, raised no such claims in the courts below".

From the beginning, the State was aware of my lack of education and the lack of finances to pay for a proper lawyer to represent me at my trial. So the State of Texas appointed me lawyers to represent me at my trial and through my appeals.

My point and issues is that the State that appointed these lawyers to

properly represent me, are now faulting me and wanting to kill me because the lawyers they appointed me did not do their job.

I did not know what needed to be objected to at my trial.  I did not know what claims needed to be raised at certain stages of my appeal.  This is part of the reason why I ask the Court to appoint me counsel.

The Attorney General is saying "Brooks did not object to this or that.... and Brooks did not raise these certain issues in the lower courts etc.  etc.....".

Please understand that I didn't know the law, that I could not pay for my own attorney.  Therefore I had to rely on the State of Texas to appoint me counsel, and the same lawyers, appointed by the State of Texas are making me pay with my life because of their mistakes.

 

Note :

July 21, 2005

I was granted a reversal on the "Punishment Phase" of my trial, by he Fifth Circuit Courts.  Punishment Phase reversal means I will go back for a re-sentencing to the Court that convicted me and sentenced me to death.

September 26, 2005

The State appealed the decision of the 5th Circuit Courts - 'To stop my reversal that was granted'.

February 23, 2006

The United States Court of Appeal - Fifth Circuit denied the State's Appeal to stop my reversal.

 

I will be given a new trial for re-sentencing. Though I have not been able to prove my actual innocence, I have been given another chance at life.  Being in this situation I must take my victories as they come, small and big....

I should be going back for the re-hearing towards the end of the year, and I am asking for - and seeking the support of anyone capable and/or willing to help, rather it be legal support, financial support or just words of advice.

I will gladly appreciate it.

 

Sincerely,

Carl Lee Brooks.

Falsamente accusato e condannato.

By: Carl Lee Brooks Jr.