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Another Recipe for A Wrongful Conviction!
Ingredients
Ø False Claim of Theft by Contractor
Ø Land Developer (knowing truth but never subpoenaed)
Ø Material Supplier (buddy of District Attorney)
Ø Labor Subcontractor (defendant)
Ø 2nd Labor Subcontractor (running two books)
Ø Police Detective vying for Chief’s Job (buddy of District Attorney)
Ø District Attorney vying for State Attorney General
Ø Defense Attorney (buddy of District Attorney)
Ø Defense Attorney (buddy of District Attorney)
Ø Tragic Death of Labor Subcontractor’s 11 year old child (being
taken advantage of by District Attorney, his buddies and crooked
2nd subcontractor
Ø Incompetent Appellate Attorney (buddy of trial judge)
Ø False Claim of Theft by Contractor
Ø Land Developer (knowing truth but never subpoenaed)
Ø Material Supplier (buddy of District Attorney)
Ø Labor Subcontractor (defendant)
Ø 2nd Labor Subcontractor (running two books)
Ø Police Detective vying for Chief’s Job (buddy of District Attorney)
Ø District Attorney vying for State Attorney General
Ø Defense Attorney (buddy of District Attorney)
Ø Defense Attorney (buddy of District Attorney)
Ø Tragic Death of Labor Subcontractor’s 11 year old child (being
taken advantage of by District Attorney, his buddies and crooked
2nd subcontractor
Ø Incompetent Appellate Attorney (buddy of trial judge)
Ah yes, the ‘buddy system’ melds these ingredients rather well. In my case State v. Diehl, 03CF299, Jefferson County Wisconsin, this recipe was used. Now, after 5 years of wrongful imprisonment and exhausted direct appeal, I’m now back in the trial court on post conviction motion with constitutional issues (this appellate counsel failed to raise!):
Constitutional Fatally Defective State Indictment
Indictment actually failed to allege a crime known to State Law.
Denial Of Constitutional Right To Counsel At Preliminary Hearing
Explicitly ordered to involuntarily proceed without counsel.
Prosecuted Without Probable Cause
No probable cause was found at preliminary hearing for offense tried.
Denial of Constitutional Right To Prepare a Defense
Indictment was amended minutes before trial that allege wholly different time and victim.
Waiver Of Constitutional Right To Confrontation Not Knowing, Intelligent & Voluntary
Court allowed telephonic testimony during trial without explanation.
Unconstitutional Suppression Of Evidence
Jury was disallowed to view exonerating evidence during deliberation.
Insufficient Evidence
5 out of 6 elements of offense were not proved.
Denial Of Constitutional Right To Competent Counsel
Oh let me count the ways! Actually, there were a dozen, starting with failure to know law at issue (with proof thereof!).
One thing led to another by way of ‘their’ lies covering up lies. My actual innocence is irrefutably found in the contracts, receipts, and testimony. The problem now is getting the trial court to listen to me, a pro se-er, an inmate, as opposed to a real attorney.
The issues aren’t that difficult, the legal research has been done, and most of the proof of actual innocence is now in my possession. If some counsel with integrity and a spine is out there who would be willing to consider putting their name on my appeal pro bono (and presumably not a ‘buddy’ of those involved!), please contact me asap before the trial court abuses their authority again. Of course an agreement could be made to receive $ upon subsequent wrongful imprisonment.
Earl L. Diehl
#231129
Oakhill Correctional Institute
PO Box 938 or 5212 County Hwy M
Oregon
WI 53575
U.S.A.
Constitutional Fatally Defective State Indictment
Indictment actually failed to allege a crime known to State Law.
Denial Of Constitutional Right To Counsel At Preliminary Hearing
Explicitly ordered to involuntarily proceed without counsel.
Prosecuted Without Probable Cause
No probable cause was found at preliminary hearing for offense tried.
Denial of Constitutional Right To Prepare a Defense
Indictment was amended minutes before trial that allege wholly different time and victim.
Waiver Of Constitutional Right To Confrontation Not Knowing, Intelligent & Voluntary
Court allowed telephonic testimony during trial without explanation.
Unconstitutional Suppression Of Evidence
Jury was disallowed to view exonerating evidence during deliberation.
Insufficient Evidence
5 out of 6 elements of offense were not proved.
Denial Of Constitutional Right To Competent Counsel
Oh let me count the ways! Actually, there were a dozen, starting with failure to know law at issue (with proof thereof!).
One thing led to another by way of ‘their’ lies covering up lies. My actual innocence is irrefutably found in the contracts, receipts, and testimony. The problem now is getting the trial court to listen to me, a pro se-er, an inmate, as opposed to a real attorney.
The issues aren’t that difficult, the legal research has been done, and most of the proof of actual innocence is now in my possession. If some counsel with integrity and a spine is out there who would be willing to consider putting their name on my appeal pro bono (and presumably not a ‘buddy’ of those involved!), please contact me asap before the trial court abuses their authority again. Of course an agreement could be made to receive $ upon subsequent wrongful imprisonment.
Earl L. Diehl
#231129
Oakhill Correctional Institute
PO Box 938 or 5212 County Hwy M
Oregon
WI 53575
U.S.A.
Earl L Diehl
Charge: Theft By Contractor (Civil)
Sentence: 5 Years
Charge: Theft By Contractor (Civil)
Sentence: 5 Years