RACE BASED INJUSTICES

When Robert Earl Council was 20 yrs old, he was sentenced to die in prison.
His case is one of the clearest examples of a legal lynching in the 21st century.


*A young black man charged in the death of a white man, in the heart of Dixie.
*The deceased is a relative of the Mayor.
*Friend of deceased appointed to represent Robert Earl Council in defense of the 2 capital murder charges.
*All 19 African Americans struck from juror pool based on the pretext they opposed the death penalty, yet white people were allowed to serve on the jury. Thus, composing an all white jury.
*Once the State’s Key Witness, Marcus Neal, testified that Robert Earl Council was not present in the house when the theft occurred nor participated in the theft, the Prosecutors immediately switched theories and the Judge constructively amended the indictment.
*In spite of absolutely no evidence that Robert Earl Council threatened Ronald Henderson with a weapon in order to commit the theft of the rifle, the all white jury found Robert Earl Council guilty of Robbery 1st degree -the necessary element to
Preclude a Self Defense exception
Elevated the shooting to a death penalty offense.
*The Court of Criminal Appeals altered the facts of the case in order to FIX THE CONVICTION
*The 11th Circuit Court of Appeals dismissed Robert Earl Council’s Federal Appeal for failure to pay the filing fee.


SO FORGIVE ME IF I DON’T HAVE FAITH IN THE ALABAMA JUDICIAL SYSTEM. YOU HAVE TO BE JUST IN ORDER TO DISPENSE JUSTICE.


#FREEDOMFIGHTFORROBERTEARLCOUNCIL

BLM EXCEPTION CLAUSE

BLACK LIVES MATTER …or is their an exception clause for the incarcerated. 
 While the movement focuses on those who were murdered, what about those who languish in America’s prisons, buried alive in a grave with no dirt.

Robert Earl Council, a 2O yr old Black male charged in the death of Ronald Henderson, a 3O yr old white male- was set up for failure from the beginning. As Police Officers intimidated and coerced the only eye witness, the judge appointed M. Dale Marsh, a friend of Henderson, as Robert Earl Council’s lead attorney. The D. A. empaneled an all-white jury and the judge assured a guilty verdict by amending Council’s indictment with his jury instruction.
  
The District Attorneys’ office set the unbalanced wheels of justice into motion from the start. 
They first postponed Council’s Preliminary Hearing under false pretenses, while persuading a Circuit Court Judge to convene a Special Grand Jury. Where they presented their distorted version of the events surrounding Henderson’s death—they painted Robert Earl Council, as a black drug dealing, gang member who stalked, robbed then intentionally murdered Ronald Henderson, a white National Guardsman.

The Alabama Court of Criminal Appeals altered the facts of the case and “fixed” the conviction. 
It became crystal clear that what happened the night Ronald Henderson died and what the Grand Jury were being told and sold were markedly different.
 
The D.A. invoked the Laws of Complicity/Accomplice Liability (13A-2-23, Ala.Code, 1975) thereby asserting that even though Mr. Council was not present in the house during the theft, he was still responsible for the theft by two other individuals, Willie Adams and Marcus Neal.  Asserting that Mr. Council was armed at the time that the theft occurred-Despite the fact he was across the street at Larry Brooks house, this amounted to Robbery 1st Degree.

Later that evening and after the robbery had taken place Henderson got into his car and went looking for the men who robbed him. He  managed to run the car off the road that Robert Earl council was a passenger in. When the car stalled he proceeded to attempt to ram his car into the car that Robert Earl Council was a passenger in. Robert Earl Council fired his gun in fear of his life and those of the other four people in the car.  Henderson died as a result of 2 gunshot wounds and Robert Earl Council was charged with 2 counts of Capital Murder. Both being punishable by death. 

Robert Earl council was found guilty of Capital Murder and sentenced to Life without Parole. 

FACT OR FICTION

FACTS OR FICTION 

A 30-year-old white, National Guardsman trying to earn some extra money by selling his new rifle, was the picture painted by the prosecutor to portray Ronald Henderson.  

A 20-year-old black, drug dealing, gang leader, who orchestrated the robbery and intentional murder of Ronald Henderson, was the picture painted of Robert Earl Council.  


From the testimonies of several witnesses, toxicologist reports and other documentary evidence, the facts are clear and speak volumes to the events which ultimately resulted in the tragic death of Ronald Henderson and Robert Earl Council’s sentence to die in a cage.  

Prior to the sham, the State of Alabama vs. Robert Earl Council, investigators and prosecutors knew that a robbery in the 1st degree never occurred. They also knew that Council was not present during the alleged theft by deception. Furthermore, the theft was neither committed by force nor by threat or by the representation of any force.(*The only ways the theft could be elevated to a Robbery 1st degree) 

Toxicology reports prove that Henderson being intoxicated as well as under the influence of crack cocaine, were the result of Henderson dropping the rifle while trying to demonstrate its mechanics. Thus, Marcus Neal caught the riffle, gave it to Willie Adams, who then ran out of the house with the riffle. This sequence of events does not meet any form of the definition of Robbery.  

Prosecutors and Investigators knew that after Henderson lost his rifle in Dale Green’s house, and he drove off in a mad rage while under the influence of drugs and alcohol. After circling the block, he saw Brooks car pass through the upcoming intersection,  then commenced to chase the car.  He, eventually  caught up to Brooks  car, then forced it off the road. 

Prosecutors and Investigators also knew that the death of Ronald Henderson was caused in a last ditch effort to prevent him from causing intentional, physical injury to Robert Earl Council and the other passengers in the car. They knew these facts, but yet they completely disregarded what they knew and created a flimsy conspiracy theory, which conflicted with the evidence.  
This act elevated a self-defense shooting to a Capital Murder charge- the highest criminal offense in the Alabama Criminal Code.  

In spite of the facts surrounding the threat to Robert Earl Council’s life by Ronald Henderson, the Prosecutors Office manipulated testimony, destroyed eye witness accounts of the shooting and manipulated the judicial process in order to give Robert Earl Council a death sentence for the death of Ronald Henderson.

RING THE ALARM

For many years,  I have wondered why some news outlet or law firm hadn’t took interest and investigated my ALLEGATION  that racial animus was the motive behind the ALABAMA COURT OF CRIMINAL APPEALS altering the facts of the case,  then using the altered set of facts as the basis for upholding a racially motivated CAPITAL MURDER CONVICTION AND LWOP SENTENCE. 

After a brief overview of the OFFICIAL DOCUMENTS and you will understand things more clearly.

At trial, Marcus Neal was the ONLY witness to present testimony, as to the theft of the rifle – which the D. A. elevated to a Robbery 1st degree.

From the transcript, Neal’s testimony is explicit, in regards to Robert Earl Council’s role in the theft.

Yet, when the Alabama Criminal Court of Appeals was asked to review whether the State had presented sufficient evidence of Robbery 1st degree and Murder 1st degree. The Court reasoned that Robert Earl Council’s conviction was valid as:

How can that be? That’s against the law. A racially motivated Capital Murder conviction was FIXED by the ALABAMA COURT OF CRIMINAL APPEALS… AND NO ONE IS SAYING OR DOING ANYTHING ABOUT IT…

Where are the Real Journalist? Real Reporters? Real seekers of Justice? 

White Supremacy must be identified and uprooted -everywhere we experience it. 

State of Alabama vs Robert Earl Council (CC-94-260) is a BLATANT example of The Value of Black Life when it comes to White Privilege. 

Why isn’t the media talking about the source of the Overflowing Prison System — the Racist D. A. ”s,  Judges and Court System?? 

Share the following link to all the media sources you have and ask why this isn’t being investigated and reported on. 

https://freerobertearlcouncil.wordpress.com/2018/11/26/conviction-fixing/