washington plea alford_compare7_2011

8/3/2019 Washington Plea Alford_compare7_2011

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1. BAD FAITH Prosecution, see Paul Thomson admission aboThere was NO scientific evidence to support this charge, NO DNNO bodily fluids, NO matching hair fibers. In fact, there was a WHMAN hair fiber (Caucasian) found in the mask, and several witnesreported seeing a WHITE MAN (through the eye holes of the masof the men who broke in and committed the MURDER of CarlosMarshall, but STRANGELY, the Winchester Police NEVER arresteWHITE MAN suspect. If NO evidence, then NOT Valid Alford P As prosecutor in 1994-5 Thomson did Evidence Tamperinand Witness Tampering. On 10 January 2011, defense counseThomson was arrested for Evidence & Witness Tampering.

2. The alleged victim of Robbery, Harvey Trent, testified in aseparate but related trial of Zahrain Washington there was NOROBBERY, by Zahrain or Jeff Washington, NONE. Further, thisfraudulent charge relates to $152 missing from the murder victimCarlos Marshall, that the Coroner counted from the pockets andgave to the undertaker when the body was taken for burial. PoliceNotes at 9:57 am on 8-18-94 show David Sobonya witness the $1taken from the murder victim Carlos Marshall by the Coroner, whothen gave the $152 to the Undertaker. The drugs were foundoutside Marshalls window. In short there was NO ROBBERYconducted by anyone, especially not by Jeff Washington. Thelost $152 is a form of Evidence Tampering by Thomson.

(3) There were witnesses who stated thatJeff Washington wasseen OUTSIDE, so there is an alibi about the FALSE CHARGE

of BREAK and ENTER.! Before John Doleman worked a PLEA BARGAINwithCommonwealth Attorney Paul Thomson, he said Jeff Washingtonwas NOT INVOLVED, after his PLEA, Doleman said J. Washingtonmurdered Marshall. This is WITNESS TAMPERING. And --Gunman Doleman tested POSITIVE on Gun Shot Residue Test.

(4) This fraudulent charge relates to $152 missing from themurder victim Carlos Marshall, that the Coroner received from thePolice Investigator Sobonyaand gave to the undertaker when thebody was taken for burial.! Alleged victim of Robbery, Harvey Trent, testified in aseparate but related trial of Zahrain Washington there was NO

ROBBERY, by Zahrain or Jeff Washington, NONE. Strangely, th

Court Transcripts from that case are lost per Court Clerk.(5) This is a fraudulent charge of the murder of drug dealer CarlosMarshall with a deadly weapon, a Tec-9 pistol.

There are TWO Gun Shot Residue Tests that PROVE NEGATIVfor Jeff Washington firing a gun. There are NO Jeff Washingtofingerprints on the pistol, or in the apartment in the evidence. NOblood spatter evidence. NO Forensic Evidence of ANY kind againsJeff Washington. According to the U.S. supreme Court AlfordDecision there MUST be evidence against the accused. Herthere is NONE, NOT ONE item of Evidence against Washingto

However, key Prosecution Witness against Jeff, John Doleman hasPOSITIVE Gun Shot Residue Test, as did murder victim Carlos MarshaJohn Doleman was first cousin to wife of Police Investigator Bailou

Police should NEVER have allowed Bailous to investigate this case

To: Governor Kaine, Governor McDonnellSecretary of the Commonwealth Hanley, PolarekSr. Dep. Secy of the Commonwealth HendersonWinchester Commonwealth Attorney IdenSUBJ: Pardon of Jeffrey Franklin Washington

BADFAITH

Prosecuby Thom

February 28, 1995 Alford Plea the very next day !

NOTE:Thisdocumentwas firstprepared on22 October2008 forGovernor

Kaine.t has beenupdated on0 May 2011or Governor

McDonnell.


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(6) Harvey Trent testified there was NO Robbery, and documentsshow that the Coroner took$152 from murder victim CarlosMarshall and gave it to the undertaker, that Sobonyawitnessed.

If there was NO Robbery, how is there any conspiracy to rob CarMarshall?

This fraudulent charge is PILING-ON by Prosecutor Thomson wwas arrested on 10 Jan. 2011 for Witness & Evidence Tampering

(7) This is another fraudulent charge by the Prosecutor.TWO Gun Shot Residue Tests, one 14 September 1994 and one February 1995, three days before the start of the Jury Trial,PROVED NEGATIVE for Jeff Washington (exonerate WashingtonTest of 15 February 1995 showed POSITIVEGun Shot Residue okey Prosecution Witness John Doleman.

(8) Given that witnesses stated that Jeff Washington was notinvolved, but after copping a Plea from Paul Thomson, changed tosay Washington was the gunman and the mastermind. Thescientific evidence (GSR Tests, fingerprints, etc.) exonerateWashington and prove false their post-Plea Bargain testimony, soWHY believe the part of their story about Jeff Washington beinginvolved in the Conspiracy to Break and Enter. Other witnesses,who did NOT have a post Plea Bargain altered testimony, said from

the beginning and kept saying that Washington was not involved aneven was seen outside the apartment where the murder happenedCredibility of the Prosecution and its witnesses is the ISSUE.

(9) On 15 December 1994, Judge Wetsel wrote a letter to bothProsecutor Thomson and Defense Counsel Prossersaying thatthere were Case precedents that made the Abduction Charges inthis case NOT apply. The Prosecutor ignored the advice of the

judge, the defense counsel failed to advocate the point made by judgeto force the prosecutor to remove the abduction charges, afrom the court record, it appears the Judge forgot his own letter athe Plea, and the Sentencing, only later recognizing his error and

correcting the Court papers.

The factthat this is Null and Void makes the ENTIRE Plea VO(10) Same as above, on 15 December 1994, Judge Wetsel wroteletter to both Prosecutor Thomson and Defense Counsel saying tthere were Case precedents that made the Abduction Charges inthis case NOT apply. The two women were there before theshooting, and testimony indicates one went to the bedroom withCarlos Marshall before he was shot. The abductor would be thedrug dealer, statutory rapist, and murder victim, Carlos Marshall.

The factthat this isNull and Void makes the ENTIRE Plea VO

II. as an Alford Plea ^ is inserted and initialed JFW to accuratmodify the coerced confession agreement to plead guilty, todouble emphasize the typed statement defendant agrees to ple

guilty by Alford plea,... An Alford Plea imposes evidence.The defendant was NOT shown ANY of the THREE Gun Shot

Residue Tests, prior to being coerced to Plea, the FIRST showingNEGATIVE on his hands and face, the SECOND showing POSITIVEon hands and face of John Doleman, Prosecution Witness against hand THIRD, showing NEGATIVE on his jacket. Had the Prosecutoor the Defense Counsel shown Jeff Washington these THREEFORENSIC TESTS, he would NOT have taken an Alford Plea.

III. (1)The Alford Plea was understood by Jeff Washington toa plea of NOT GUILTY, but will accept a prison sentence rath

than risk a death sentence.! If your defense counsel does not seem willing to fighfor you, better to take a prison sentence and pray for an hone

and competent lawyer for an appeal from jail, than to DIE!


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(2) Plead the Fifth is much more honest than the Alford Plea when the

Prosecutorandthe Defense Counselconcealed from Defendant Jef

Franklin Washingtonthe reports of Forensic Scientists at both the

Richmond lab and the Micron lab in Wilmington, Delaware, who

conducted the Gun Shot Residue Tests that PROVE Washington is Nthe gunman, so could NOT be the murderer.

(3) Aspects of this plea were withdrawn by Judge Wetsel, thus, the que

of the Plea in the Entirety, or a Plea in Parts. If one part was withdrawn

the judge, and the entire document NOT re-written to reflect the errornoted by the judge (the two abduction charges), then the ENTIRE docum

is VOID. Further, as in (4) below, the Defendant was not given his Rto withdraw his Alford Plea, after it was changed, a contract violatio

(4) A revised and corrected Alford Plea was not prepared, and the Defen

was NOT given the opportunity to withdraw the Alford Not Guilty P

(of guilty). If one part (the two abduction charges) were withdrawn

the judge, and the entire document NOT re-written to reflect the erro

so then the ENTIRE document is VOID.

(5) While this paragraph states ...the Defendant reserves the right introduce evidence and argue for a lesser sentence in Docket #

CR94-000299 [the murder of drug dealer Carlos Marshall], the REALITY is th

introduction of evidence must be done by Defense Counsel. Defense Coun

was derelict in his duty in this regard, and in other aspects as well.The Court Transcript of the Sentencing Hearing of 10 April 1995 shows th

Jeffrey Franklin Washington re-stated his Innocence of this murder charge.

However, on 3 April 1995, in a prior Sentencing Hearing of co-defendants, J

Wetsel compared Jeff Washington to Adolf Hitler, showing extreme and unlawful bias against Defendant Washington, such that his ears were plug

against hearing the Truth in this case spoken by Jeff Washington. This is o

of the most appalling rapes of Justice ever seen.

(6) There are so many irregularities in the investigation of the murder of

dealer Carlos Marshall, with the Winchester Police ignoring the Forensic

Evidence indicators, combined with the media circus by the prosecutor

despite an early warning by a trial judge, no Contempt of Court sanction

ever issued by any judge. A Trial by Jury was aborted by the Coerced Ple! In the Jury Trial, whileother witnesses were removed from theCourt, the mother of Jeff Washington was encouraged to stay in thecourt roomseparated from her husband who was told to leave, then

prosecutor in his opening statement or proffer was not sworn to tell the tr

the whole truth and nothing but the truth, so did not tell the truth. The fal

statements of the prosecutor frightened the mother who pleaded wi

her son to take an Alford Plea. This would not have been possible exc

throughmanipulation bythe prosecution allowed by defense counsel.

aterrible play on emotions of the Mother of Jeff to COERCE Jeff to

accept the pre-prepared Alford Plea.! When your Defense Counsel tells you that Forensic Tests, Gun Residue Tests are inconclusive when the first shows NEGATIVE on your

hands and face, and the second shows a Prosecution witness does have G

Shot Residue on hands and face, and the third shows NEGATIVE on your

sleeve, then you have a less than honest or not competent counsel.

IV.

1. Notice that this paragraph says this written plea agreement

and later constitutes the entire understanding between t

Commonwealth of Virginia and the Defendant. so stating th

contractis one in entirety, if part is in error and deleted then all entire

agreement provisions are without force and effect, and are

null and void.

Two of the ten charges were deleted that Defendant Washington was

coerced into taking this Alford Plea had been identified as invalid by t

trial judge Wetsel as early as 17 December 1994, AND had been discus

by the trial judge, prosecutor, and defense counsel on 28 February 1995

BEFORE this pre-prepared, premeditated document was forced upon Jeff

Washington, yet the negligence of judge, prosecutor, and defense cou

who conspired together in this coerced confession-Alford Plea sho

in that the two invalid Abduction/Kidnapping charges are still shown in this

Plea, thus rendering the entire document herein as NULL and VOID.


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a. True.

b. True.

c. True that Jeff Washington is the person charged, but a FRAUD to sayJeff Washington is the person who committed the crimes.

d. This is NOT LIKELY TRUE where it states, and the elements o

the crimesand fully understand. RARELY does any Defen

Counsel FULLY explain the elements of a crime, and even more RARELY

Judges do so.e. The Alford Plea of NOT GUILTY but... was COERCED by playing on

emotions of his Mother during a largely false Opening Statement by the

Prosecutor, so she begged her son Jeff to take the Alford Plea so to live.

f. The admission of guilty is LINED OUT and initialed by the Defend

by John Prosser and Randy Bryant, both Defense Counsel. The

corrected statement is That I am entering my pleas of guilty as an

Alford plea., that is a NOT GUILTY guilty plea, a contradiction in ter

that should be VOID.

g. This Alford Plea was COERCED because the very next day the Prose

stated the Scientific Evidence was WEAK (NON EXISTENT), and based

that the Jury would likely have ACQUITTED Defendant Jeff Washington.

h. This is Lawyer Language deceptive but true, barely. The COERCIO

was done by the Defense Counsel working with the Prosecutor to allo

the Mother of Jeff Washington to hear false statements about the alleged

crimes and then they manipulated her to persuade her son Jeff to acce

the Alford Plea, for she was told by the Defense Counsel her son going

forward would be like standing on I-81 with a Mack truck bearing down on

i. There is some question of this being true. If Jeff Washington knew th

the Abduction charges were NULL and VOID, then a DEATH SENTEN

was off the table so who would accept a PLEA for 70 years? The

years was described as the MAXIMUM, but the Plea would likely lower th

amount. Hitler judge Wetsel did not lower the years by even one.

j. This is the lawyer loophole imbedded in this contract that allowspromises of leniency suggested by Defense Counsel and Prosecu

(Commonwealth Attorney) Thomson to be ignored, or null and void, in

mind of the judge, Wetsel who compared Jeff Washington to Adolf Hi

k. Could impose, and Hitler judge Wetsel did impose 70 years in th

penitentiary, despite Jeff Washington at the Sentencing Hearing aga

stating that he did NOT shoot or kill Carlos Marshall.

l. The defense counsel, or attorney, did NOT show Jeff Washington A

of the THREE Certificate of Analysis from the Forensic Labs. The fir

proved NEGATIVE for Gun Shot Residue on his hands and face. The se

proved POSITIVE for John Doleman for Gun Shot Residue on his hands

face, and the third, NEGATIVE on the coat of Jeff Washington.

m. IF any competent counselfor the defense had the Forensic Evidenc

above fully and honestly presentedto his client, who would accept anAlford Plea rather than trust the Jury to come to a NOT GUILTY acqui

n. The discussion was NOT about the FORENSIC EVIDENCE strength to

Defense case, rather the Defense Counsel dishonestly described the teas inconclusive. The discussion was coercion by manipulating his motho. Thank God is says may NOT shall or even will, thus he may reta

the right, and in truth, does retain the right to appeal from the decisi

of this Court where 7 days before Sentencing the judge compared Je

Washington to Adolf Hitler. How can anyone consider the judge unbias

p. While not under the influence of any substances, this was a Traumatic

experience, and for Veterans who have Post Traumatic Stress Disorder f

the result of Trauma, the traits of AVOIDANCE and DENIAL are accepted

real influences on Veterans making wise and proper decisions affecting t

lives.


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3. The statement is I read this Agreement with the assist

of Counsel. butany honest review of the actions by Defense Cou

shows that the Defense did NOT vigorously use the Forensic Evidethat STRONGLY FAVORED Defendant Jeffrey Washington. This Ple

Agreement was was a COERCED CONFESSIONby way of an Alfor

Plea by manipulating the mother of Jeff Washington to plead topersuade her son to accept the Alford Plea.

Clearly a FALSE STATEMENT, a FRAUD on the Court, is all

possible defenses. The THREE Gun Shot Residue tests wereFALSELY described by Defense Counsel as inconclusive, afterDefense Counsel and the Prosecutor met on or about 15 February 1995

days before the Jury Trial. Defendant Washington trusted his Defens

Counsel as by RIGHT he should be able to TRUST, IF he truly has tConstitutional RIGHT of fair, honest, vigorous, assistance of coun

The QUESTION is HOW could this NINE PAGE legal document be draand typed between the end of the Prosecutor Opening Statement an

hour or two laterwhen the Defense Counsel manipulated the Mother to

persuade her son Jeff Washington to accept the Alford Plea so to live to a

UNLESS it was part of a BEFORE TRIAL PLAN between the lawyers?

The United States supreme Court Justice Sutherland case in 1935 spok

the duty of integrity of the prosecutor (in that case the U.S. Attorney):

therefore, in a criminal prosecution is not that it swin a case, but that justice shall be done. As such, is in a peculiar and very definite sense the servant of thlaw, the twofold aim of which is that guilt shall not escainnocence suffer. He may prosecute with earnestness anvigor - indeed, he should do so. But, while he may strikhard blows, he is not at liberty to strike foul ones. Ias much his duty to refrain from improper methodcalculated to produce a wrongful conviction as it isuse every legitimate means to bring about a just one."

Justice Sutherland, Berger v. United States, 1935

n the case of: " Commonwealth of Virginia v. Jeffrey Franklin Washington" " Criminal Docket Nos. 94-292 to 299, 339 to 340, 142 to 143" " ~ ~ Convicted with an Alford Pleacontract that was later altered...

The voluntariness of a plea can be determined only by considering all of the relevant circumstancessurrounding it.--Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 1469 (1970)

The first Plea Agreement Charge 295 related to the use of a mask in the commission of a crime.1. A full face ski mask with eye holes was found near the murder scene.2. Witnesses in the apartment said one gunmans eyes had white or light skin.3. The ski mask contained a hair fiber of a white man, not a black man. No ski mask was found in the

house or car of Jeff Washington, who has dark skin.4. Witnesses said one gunman yelled, Wheres the money? Wheres the shit? (shit is slang for drugs)5. $1000 was loaned by a white man named Scott, a weight lifter at Shenandoah University, where Carlos

Marshall had played basketball, according to Kristin Black, on 8/23, girlfriend of the murder victim and drugdealer Carlos Marshall. Another man from Warrenton, Marshall s hometown, loaned $600. Rudy Powell on

8/17/94 also mentioned Scott to Police investigators, evidence includes a tape & transcript of that interview.6. Police did not arrest any white suspects for the murder. (There are other items of police misconduct.)7. Before they copped a Plea, several suspects said Washington had nothing to do with the shooting. They

changed their testimony after making a deal with Commonwealth Attorney Thomson. Might that beWitness Tampering? Washington was the ONLY suspect who did not accept a Plea early on.

8. Commonwealth Attorney Thomson coerced an Alford Plea after the jury trial began but before releasing tothe Washington family this potentially Exculpatory Evidence about GSR results. Is this a Brady Violation?

9. Prosser, reported to be a drug user, used to play pick-up basketball games with drug dealer Carlos Marshall.10. Defense Counsel Prosser had been lawyer for one of the other named suspects, Rudy Powell (see above).11. Defense Counsel Prosser did NOT file a MOTION TO DISMISS, instead was pushing his client

Washington to accept a Plea bargain despite learning that TWO Gun Shot Residue Tests showedWashington did NOT fire a gun, so NOT one of the two gunmen who killed Carlos Marshall.


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Ever Faithful Father Franklin Washingtonlike Churchill said, Never, never, never giveup!, has never given up working for Justice

" " " " " " " " " " " " "

" " " " " " " " " " " " "

" " " " " " " " " An attempt at Justice" " " " " " " " " derailed by Thomson" " " " " " " " " and others in 1999

Analyst Note: Before any one who reads this thinks that Captain David P. Sobonya is avery open and honest Police Investigator, one must research the original Certificate ofAnalysis of 14 September 1994 to see where the Forensic Technician in a footnote on thesecond page states that Sobonya after learning that his prime suspect Jeffrey FranklinWashington tested NEGATIVE, so did NOT fire a gun, Sobonya told the ForensicTechnician to terminate the testing of other GSR kits, that caused a non-concluded test set,that later in liar-lawyer language, prosecutor Paul Thomson described as inconclusive.(See Exhibit #14 to the Motion to Vacate Void Judgment by Jeff Washington of May 2011).

Analyst Note: 7 of 10 Charges,292, 293, 294, 296, 297, 298, & 299 all related to an alleged

Robbery in conjunction with the crime of Murder, making it Capital Murder, for a Death Penaltyagainst Jeff Washington (used to coerce the Alford Plea, based on Thomsons Brady Violations)

Deceptive, partial story response by Captain Sobonya to inquiry by his Police Chief Gary Reynolds.


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Analyst Note: One of the many holes in the murder investigation story of Investigators Sobonyaand Bailous is that Jeff Washington was the lone gunman, who fired one shot, that shot passedthrough and killed drug dealer Carlos Marshall, then passed through the gypsum board walls to befound between the walls of an adjacent apartment, covered with a sprinkling of gypsum dust, butotherwise in near pristine condition (as shown in the photo below); yet Winchester Star reporter BrianRoot wrote an article that described the bullet as being so deformed that Forensic tests could NOT beperformed upon it, that clearly is a DIFFERENT bullet than in the photograph below. Also witnesses inthe building said they heard TWO SHOTS fired, not one. Another hole in the story by these twocrooked cops, Sobonya and Bailous, both who were let go from the Winchester Police. Also

witnesses said there were TWO Gunmen, one white and one black, seen through the hood eye holes.

Super-Bullet or Miracle Bullet --

-- passed through and killed drug dealerCarlos Marshall, then passed through thegypsum board walls to be found by police

between the walls of an adjacentapartment, covered with a sprinkling of

gypsum dust, but otherwise in near

pristine condition. Maybe this is the sam

super bullet that shot President Kennedy?

washington plea alford_compare7_2011

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