WordPress.com · 2012. 7. 20. · Created Date: 7/20/2012 12:39:15 PM

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Dear John: He11o. ILts been a while,I pray all your life to blog about someone you have thank all the blog readers as wel1. Sad1y, I cannot get internet access and it takes a few days to hear about all the commenLs made by you and the readers. Itt" ry hope that someday we can all unite and demand sonething Cf be done with our broken justice system. Recently, I have heard that you are going over issues I have raised in my petition for post-convicti-on relief. Though you are going over these isssues and probally doing just flne. I would like to te11 you why I believed they are crucial to my case. fn fact, some of these issues may effecL you someday. (By the time you recieve this letter you will have gone through the issues). GROUND A First, is how I got Lhe affidaviE. One day my mother informed me that she had ----r:atked-to-ehadf sbrother-Ken Swedberg and his wife trisa. Durirrg ourt conversaLiorr rrry mother informed me that Ken kept a tablet with information he kept about his brothers death. In that tablet, Ken wrote that he sah/ a blue pickup leave Chadts residence around 8:45 am, on the day of his brothers death. 0f course, this pissed me off. It would have been very usefull at my trial, especially during cross examination of certain witnesses. Had we known about this at trial, we could have argued that the driver of thls pickup was the ki11er. A11 the physical evidence drourt[ the crime scene came from one direction and lbne direction onlyrtfrom the vicinty of the Swedberg residence'j The key question J-s "why would you tell people this information two years after I was convictedtt? If it wasntt true he would never of told thls, especially in front, of numerous people. Hopefully, I can get a chance to have a courL hearing and get to Lhe bottom of this issue. GROUND B This lssue goes to the heart of our constitut,ion. We suppose to have the right to confront all witnesses against you. However, the prosecution must not believe that is true and unethically allowed somebody to testify about another personts opinion. The right to confront witnesses has been an sn*going issue in Lhe courts. If one were to read the first page of the Melendez-DiazY. MassachusetLs 129 S.Ct 2554 (2009) case' you can see thaL districL courts, state appellant courts, fedaral courts and the United States Supreme court are sti11 fighting over when the accused has a right to confront. witnesses. A classic example of this i-ssue can be found in a United States Supreme Court Case called Crawford v. Washington L24 S. Ct 1354-(2004). In that case rhe court dealt with a confrontation issue. The court held that "the Confrontation Clause prohibits the admission of (testimonial) statements of a witness who did not appear at trial unless s/he was prevlously available for cross-examination.tt The Crawford court gave Lhree very vague definiLions on what could be tesLimonial. They declined (or failed) to offer a bright line rule on what should be considered to be "testimonial". The Minnesola Supreme Courts have failed to give a straight forward ruling on the termrrtestimonialrt.(they dealt with it Caulifield v. State hut left the term rrtestimonialrr very vague as the Unitpd States Suprene Court did) The hurdle I have now isvf already had an appeal)r However, the Melendez-Diaz was ruled during the time my appeal was being heard and decided in the MN-S-Court. In order for me to use this ruling I must meet an except.ion. There are a few exceptions that I believe I fall under. is well. Thank you for taking time out of never met. If possible f would like to

Transcript of WordPress.com · 2012. 7. 20. · Created Date: 7/20/2012 12:39:15 PM

Page 1: WordPress.com · 2012. 7. 20. · Created Date: 7/20/2012 12:39:15 PM

Dear John:

He11o. IL ts been a wh i le , I p ray a l lyour life to blog about someone you havethank al l the blog readers as wel1.

Sad1y, I cannot get internet access and i t takes a few days to hear aboutal l the commenLs made by you and the readers. I t t " ry hope that someday we can al luni te and demand sonething Cf be done with our broken just ice system.

Recent ly, I have heard that you are going over issues I have raised in mypet i t ion for post-convict i -on rel ief . Though you are going over these isssues andprobal ly doing just f lne. I would l ike to te11 you why I bel ieved they are crucialto my case. fn fact, some of these issues may effecL you someday. (By the t ime yourecieve this let ter you wi l l have gone through the issues).

GROUND AFirst, is how I got Lhe affidaviE. One day my mother informed me that she had----r:atked-to-ehadf

sbrother-Ken Swedberg and his wife trisa. Durirrg ourt conversaLiorr rrrymother informed me that Ken kept a tablet with information he kept about his brothersdeath. In that tablet, Ken wrote that he sah/ a blue pickup leave Chadts residencearound 8:45 am, on the day of his brothers death.

0f course, this pissed me off . I t would have been very useful l at my tr ia l ,especial ly dur ing cross examinat ion of certain witnesses. Had we known about thisat t r ia l , we could have argued that the dr iver of thls pickup was the ki11er. A11the physical evidence drourt[ the crime scene came from one direction and lbne direction

onlyrt f rom the vic inty of the Swedberg residence' jThe key question J-s "why would you tell people this information two years after

I was convictedtt? I f i t wasntt t rue he would never of told thls, especial ly infront, of numerous people.

Hopeful ly, I can get a chance to have a courL hearing and get to Lhe bottomof this issue.

GROUND BThis lssue goes to the heart of our const i tut , ion. We suppose to have the r ight

to confront al l wi tnesses against you. However, the prosecut ion must not bel ieve thatis true and unethical ly al lowed somebody to test i fy about another personts opinion.

The r ight to confront witnesses has been an sn*going issue in Lhe courts. I fone were to read the f i rst page of the Melendez-DiazY. MassachusetLs 129 S.Ct 2554(2009) case' you can see thaL distr icL courts, state appel lant courts, fedaralcourts and the United States Supreme court are st i11 f ight ing over when the accusedhas a r ight to confront. witnesses.

A classic example of this i-ssue can be found in a United States Supreme CourtCase cal led Crawford v. Washington L24 S. Ct 1354-(2004). In that case rhe court dealtwith a confrontat ion issue. The court held that " the Confrontat ion Clause prohibi tsthe admission of ( test imonial) statements of a witness who did not appear at t r ia lunless s/he was prevlously avai lable for cross-examinat ion.t t

The Crawford court gave Lhree very vague definiLions on what could be tesLimonial.They decl ined (or fai led) to offer a br ight l ine rule on what should be consideredto be "test imonial" . The Minnesola Supreme Courts have fai led to give a straightforward rul ing on the termrrtest imonialr t . ( they dealt with i t Caul i f ie ld v. Statehut left the term rrtestimonialrr very vague as the Unitpd States Suprene Court did)

The hurdle I have now isvf already had an appeal)r However, the Melendez-Diazwas ruled during the time my appeal was being heard and decided in the MN-S-Court.In order for me to use this ruling I must meet an except.ion. There are a fewexcept ions that I bel ieve I fal l under.

is well. Thank you for taking time out ofnever met. I f possible f would l ike to