Still Fighting For Freedom

After 3 days of investigating, Police Reports confirm that the Enterprise Police Department knew that Ronald Henderson was smoking crack cocaine,  ran out of money, tried to sell a rifle to get more crack cocaine,  when he was tricked out of his rifle.

They knew Henderson was extremely high on crack cocaine and angry about losing his rifle, when he almost ran over Mylette McKnight, then minutes later ran Larry Brooks car off the road, placing Robert Earl Council (and the other passengers in the car) life in imminent danger. They knew that Robert Earl Council fired several shots in the direction of Henderson’s oncoming car (Henderson was tragically hit by 2 bullets and died) as a last ditch effort to prevent Henderson from killing him.

THEY KNEW ALL OF THIS IN 3 DAYS… 
yet,  they still charged Robert Earl Council with 2 Counts of Capital Murder. 

They still disregarded his 6th Amendment Rights and forced him to go on trial,  with Ronald Henderson’s friend as his attorney. 
They still struck all 19 African people from the jury pool. 

AND EVEN THOUGH MARCUS NEAL -the State’s only witness to the theft of the rifle – TESTIFIED THAT ROBERT EARL COUNCIL WAS NOT PRESENT IN THE HOUSE WHEN THE THEFT OCCURRED,  THAT ROBERT EARL COUNCIL DIDN’T THREATEN WITH A GUN TO TAKE THE RIFLE —
they still found Robert Earl Council guilty of Robbery 1st degree thus elevating the self defense shooting into a Capital Murder conviction.
They knew all this,  but still sentenced Robert Earl Council to die in prison. 

BUT THEY CAN’T GET AWAY WITH THAT,  THAT’S WHAT THE APPEALS COURT IS FOR… 

In a jury trial,  the trial transcript is gospel , and nothing can be argued that is not in it.  No attorney can add nor take away from the transcript. The APPEAL COURT’S REVIEW OF A CASE IS BOUND BY THE RECORD. (meaning they can’t consider any argument not in the transcript).
Well that’s how it usually works… But in some situations,  they make exceptions. 
In Robert Earl Council’s case,  the transcript clearly states that ROBERT EARL COUNCIL WAS NOT PRESENT IN THE HOUSE WHEN THE THEFT OCCURRED.

Yet,  somehow,  in order to justify upholding a wrongful conviction -where a young Black Man was charged with killing a white man, who happen to be related to the Mayor of Enterprise- the Court reasoned that Robert Earl Council was guilty of Robbery 1st because — peep this –

They said Robert Earl Council was IN THE HOUSE AND GAVE WILLIE ADAMS A DIRECT ORDER TO TAKE THE RIFLE BECAUSE RONALD HENDERSON WAS INTOXICATED. 

How is it that so,  when that can be found no where in the transcript? No witness ever testified to anything similar to that. 
Yet, they still upheld the wrongful conviction. 

THE APPELLATE ATTORNEY COULD HAVE STOPPED IT… BUT HE LET THE 14 DAY TIME PERIOD TO OBJECT ELAPSE… AND THIS ALTERED VERSION BECAME THE LEGAL BASIS OF ROBERT EARL’S CONVICTION. 

I USE TO WONDER WHY OR HOW COULD THIS HAPPEN,  BUT LIFE HAS SHOWN ME THE ANSWER TO BOTH. 
NOW, THE ONLY THING LEFT TO FIGURE OUT IS… 
HOW LONG ARE WE GOING TO SIT QUIET AND ALLOW IT TO CONTINUE? 

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