Harless Dale Maulding
Document Exhibit “B”, also the order of Judge David Burnett dated September 23, 1986 for blood samples, saliva samples of mine for testing, document Exhibit “C”, as well during the line-up, documents Exhibit “D” for names and pictures see memorandum brief of support of motion to suppress this line-up due to the fact that Ms. Oma Jordan was told by a police officer that I was her attacker, making it suggestive and unconstitutional violation of my 5th amendment right and rights of article 2, section 8 due process of law, violations of United States and Arkansas Constitution.
Ms Oma Jordan’s description of the man that attacked, kidnapped her for 12 hours, then raped her stated her attacker had a beard, a scar down the side of his face, wore shoes, brown plaid shirt, and that he did not have any tattoos. This does not describe me (Dale Maulding) at all. Ms Oma Jordan stated her attacker/raper/kidnapper had blond hair. This again does not describe me, only after several minutes in this unconstitutional line-up did a police officer suggest to Ms. Oma Jordan that #5 Dale Maulding in the line-up was her attacker. Due to the suggestive elements in the identification, fruit of the poisonous tree doctrine shall apply due to the total circumstances of the line-up that are considered and state and federal case laws that are applied to the facts, then the line-up identification should have been suppressed by the trial court, case law to back this up are listed herein Bell v. State, 6 Ark. App. 388, 644 S.W.2d 601 (1982); Foster v. California, 394 U.S. 440, 89 S.Ct. 1127, 22 L.Ed.2d 402 (1969); James and Elliot v. State, 270 Ark. 596, 605 S.W.2d 448 (1980). My conviction resulted from an identification made during an unconstitutionally suggestive line-up Simmons v. United States, 390 U.S. 377 (1968), Neil v. Biggers, 409 U.S. 188 (1972), Manson v. Brathwaite, 432 U.S. 53 (1957). Below you will further see fingerprint report from State Crime Laboratory of mine and no matches was made to link me to this kidnap, rape incident of Ms. Oma Jordan, Exhibit “F” dated January 26, 1987 and 9-30-86, State Crime Laboratory Exhibit “G”. Those items were sent to Crime Laboratory for testing, testing that was available in 1986. However, the new testing available now through DNA would set me free of this unjust conviction/false imprisonment after 24 years of doing time for a crime I did not commit. Exhibit “H” - Doctor Guinn report, shows that from his examination of Ms. Oma Jordan at the hospital and her statement to Doctor Guinn, that her attacker came through the window of her house, again, no evidence whatsoever was found in Ms. Oma Jordan’s home, nor the samples of blood, saliva etc were his. Conclusion of this statement of facts concerning the crime is that Nevis Simms, another man arrested for this same charge (on Ms. Oma Jordan) approximately two or three weeks after I, Dale Maulding was arrested and went through the suggestive line-up. I suggest that with all the evidence, collected clothing, cigarette butts, saliva, fingerprints that DNA testing that is now available would help aid my release from this unjust imprisonment, and to help meet the ends of justice.
My heart and prayers goes out to Ms. Oma Jordan and her family for this senseless act. To further conclude and to show evidence of suggestiveness during the course of the line-up, my counsel interviewed Ms. Oma Jordan on September 29, 1986 after the line-up of September 15, 1986, because he also heard the Chief of Police, Jim Furnish, tell Ms. Oma Jordan that “it’s #5 in the line-up” (my lawyer heard this), so he wished to confirm it with Ms Oma Jordan and she did confirm that the Chief of Police infact stated that it was #5 Dale Maulding - page #8 of interview with Ms. Oma Jordan by Dale Maulding trial counsel Chet Dunlap at the home of Ms. Oma Jordan at 404 Smith Street, Trumann, Arkansas. Exhibit “I”, a memo from Mayor of Trumann, Arkansas Bobby Ballard also states clearly that “advised Chief of Police, Jim Furnish, that we did not have sufficient strength in the identification to go to trial”, so the Chief of Police told Ms. Oma Jordan #5 to strengthen the identification so they could go to trial.
The state prosecutor, Chuck Easterling, offered me a 20 year plea bargain to plead guilty. I could not take a plea bargain for something I had nothing to do with, I could not go to prison being innocent of a rape and kidnapping that I was not guilty of committing. I just could not take the 20 year plea bargain from the prosecutor - memo from Mayor Ballard Exhibit “J”. Further, Exhibit “K” where Ms. Oma Jordan (ID Nevis Simms in a line-up) after I was arrested. This is more proof that Ms. Oma Jordan ID’d Nevis Simms as her attacker, rapist, kidnapper. Approximately 1992, I, Dale Maulding, was at the Cummins prison in Grady, Arkansas, and this same man came through the Cummins prison (Nevis Simms) and asked me why I was still in prison and I stated that it was because of the rape and kidnapping of Ms. Oma Jordan. Nevis Simms then stated that he had been arrested, booked and fingerprinted for the same crime; he was going to write me a sworn statement that his fingerprints were found in Ms. Oma Jordan’s house and he was arrested on the same charge. However, he was transferred from the Cummins Unit after only being there two or three days, a search of Arkansas Department of Corrections records will prove this. I strongly believe that Nevis Simms is the actual rapist and kidnaper of Ms. Oma Jordan. On 02.11.87, two pages of investigative notes from the prosecutor’s files shows Jerry Land and Jim Furnish had never seen “D” meaning ‘Dale with a beard’. I was a clean-cut man facially, NEVER wearing facial hair, other than a mustache (Exhibit “L”). Furthermore, a man named Curtis Clements who lived in Trumann, Arkansas for 12 years was asked to participate in a line-up over an elderly lady. Curtis Clements heard the police officer ask Ms. Oma Jordan if it was #5. This is more proof of suggestiveness. Interview with Doris Penter, witness employee of Bank of Trumann, December 9, 1986, the witness picked out another man in the line-up. After the memo was sent to mayor Bobby Ballard, Chief of Police needed more identification before the could go to trial, so here was another ploy where he got an eyewitness that picked out one man as the kidnapper of Ms. Oma Jordan in a line-up, but then changed her mind after she left the police department and stated it was now #5.
The pressure from the Mayor, the pressure from the public, to get a conviction out-weighed any fair trial and justice was not met by an innocent man going to prison and here I sit after 24 years; no justice for Ms. Oma Jordan, nor her family or me. And now to further shine light on the facts that pressure was on to get a conviction without fairness to me, and seeing that my constitutional rights were fully protected and due process, and all fairness to prepare a defense and have access to a lawyer to assist in the defense, the Sheriff, Jimmy Carter, did everything in his power to hinder contact with me and my trial counsel and to monitor all communications. Violation of my rights to effective assistance of a lawyer, also prosecutorial misconduct violation of due process, equal protections under state laws 4, 5, 6, 14th amendment. Exhibit “. Also, my lawyer as threatened with bodily harm, through the words of Sheriff Carter in front of the prosecutor. I pray that this Executive Clemency Application be granted and any and all, this Honorable Board and Governor deems appropriate.
Harless Dale Maulding,#87708
2501 State Farm Road
Tucker
Arkansas 72168
U.S.A.
Ms Oma Jordan’s description of the man that attacked, kidnapped her for 12 hours, then raped her stated her attacker had a beard, a scar down the side of his face, wore shoes, brown plaid shirt, and that he did not have any tattoos. This does not describe me (Dale Maulding) at all. Ms Oma Jordan stated her attacker/raper/kidnapper had blond hair. This again does not describe me, only after several minutes in this unconstitutional line-up did a police officer suggest to Ms. Oma Jordan that #5 Dale Maulding in the line-up was her attacker. Due to the suggestive elements in the identification, fruit of the poisonous tree doctrine shall apply due to the total circumstances of the line-up that are considered and state and federal case laws that are applied to the facts, then the line-up identification should have been suppressed by the trial court, case law to back this up are listed herein Bell v. State, 6 Ark. App. 388, 644 S.W.2d 601 (1982); Foster v. California, 394 U.S. 440, 89 S.Ct. 1127, 22 L.Ed.2d 402 (1969); James and Elliot v. State, 270 Ark. 596, 605 S.W.2d 448 (1980). My conviction resulted from an identification made during an unconstitutionally suggestive line-up Simmons v. United States, 390 U.S. 377 (1968), Neil v. Biggers, 409 U.S. 188 (1972), Manson v. Brathwaite, 432 U.S. 53 (1957). Below you will further see fingerprint report from State Crime Laboratory of mine and no matches was made to link me to this kidnap, rape incident of Ms. Oma Jordan, Exhibit “F” dated January 26, 1987 and 9-30-86, State Crime Laboratory Exhibit “G”. Those items were sent to Crime Laboratory for testing, testing that was available in 1986. However, the new testing available now through DNA would set me free of this unjust conviction/false imprisonment after 24 years of doing time for a crime I did not commit. Exhibit “H” - Doctor Guinn report, shows that from his examination of Ms. Oma Jordan at the hospital and her statement to Doctor Guinn, that her attacker came through the window of her house, again, no evidence whatsoever was found in Ms. Oma Jordan’s home, nor the samples of blood, saliva etc were his. Conclusion of this statement of facts concerning the crime is that Nevis Simms, another man arrested for this same charge (on Ms. Oma Jordan) approximately two or three weeks after I, Dale Maulding was arrested and went through the suggestive line-up. I suggest that with all the evidence, collected clothing, cigarette butts, saliva, fingerprints that DNA testing that is now available would help aid my release from this unjust imprisonment, and to help meet the ends of justice.
My heart and prayers goes out to Ms. Oma Jordan and her family for this senseless act. To further conclude and to show evidence of suggestiveness during the course of the line-up, my counsel interviewed Ms. Oma Jordan on September 29, 1986 after the line-up of September 15, 1986, because he also heard the Chief of Police, Jim Furnish, tell Ms. Oma Jordan that “it’s #5 in the line-up” (my lawyer heard this), so he wished to confirm it with Ms Oma Jordan and she did confirm that the Chief of Police infact stated that it was #5 Dale Maulding - page #8 of interview with Ms. Oma Jordan by Dale Maulding trial counsel Chet Dunlap at the home of Ms. Oma Jordan at 404 Smith Street, Trumann, Arkansas. Exhibit “I”, a memo from Mayor of Trumann, Arkansas Bobby Ballard also states clearly that “advised Chief of Police, Jim Furnish, that we did not have sufficient strength in the identification to go to trial”, so the Chief of Police told Ms. Oma Jordan #5 to strengthen the identification so they could go to trial.
The state prosecutor, Chuck Easterling, offered me a 20 year plea bargain to plead guilty. I could not take a plea bargain for something I had nothing to do with, I could not go to prison being innocent of a rape and kidnapping that I was not guilty of committing. I just could not take the 20 year plea bargain from the prosecutor - memo from Mayor Ballard Exhibit “J”. Further, Exhibit “K” where Ms. Oma Jordan (ID Nevis Simms in a line-up) after I was arrested. This is more proof that Ms. Oma Jordan ID’d Nevis Simms as her attacker, rapist, kidnapper. Approximately 1992, I, Dale Maulding, was at the Cummins prison in Grady, Arkansas, and this same man came through the Cummins prison (Nevis Simms) and asked me why I was still in prison and I stated that it was because of the rape and kidnapping of Ms. Oma Jordan. Nevis Simms then stated that he had been arrested, booked and fingerprinted for the same crime; he was going to write me a sworn statement that his fingerprints were found in Ms. Oma Jordan’s house and he was arrested on the same charge. However, he was transferred from the Cummins Unit after only being there two or three days, a search of Arkansas Department of Corrections records will prove this. I strongly believe that Nevis Simms is the actual rapist and kidnaper of Ms. Oma Jordan. On 02.11.87, two pages of investigative notes from the prosecutor’s files shows Jerry Land and Jim Furnish had never seen “D” meaning ‘Dale with a beard’. I was a clean-cut man facially, NEVER wearing facial hair, other than a mustache (Exhibit “L”). Furthermore, a man named Curtis Clements who lived in Trumann, Arkansas for 12 years was asked to participate in a line-up over an elderly lady. Curtis Clements heard the police officer ask Ms. Oma Jordan if it was #5. This is more proof of suggestiveness. Interview with Doris Penter, witness employee of Bank of Trumann, December 9, 1986, the witness picked out another man in the line-up. After the memo was sent to mayor Bobby Ballard, Chief of Police needed more identification before the could go to trial, so here was another ploy where he got an eyewitness that picked out one man as the kidnapper of Ms. Oma Jordan in a line-up, but then changed her mind after she left the police department and stated it was now #5.
The pressure from the Mayor, the pressure from the public, to get a conviction out-weighed any fair trial and justice was not met by an innocent man going to prison and here I sit after 24 years; no justice for Ms. Oma Jordan, nor her family or me. And now to further shine light on the facts that pressure was on to get a conviction without fairness to me, and seeing that my constitutional rights were fully protected and due process, and all fairness to prepare a defense and have access to a lawyer to assist in the defense, the Sheriff, Jimmy Carter, did everything in his power to hinder contact with me and my trial counsel and to monitor all communications. Violation of my rights to effective assistance of a lawyer, also prosecutorial misconduct violation of due process, equal protections under state laws 4, 5, 6, 14th amendment. Exhibit “. Also, my lawyer as threatened with bodily harm, through the words of Sheriff Carter in front of the prosecutor. I pray that this Executive Clemency Application be granted and any and all, this Honorable Board and Governor deems appropriate.
Harless Dale Maulding,#87708
2501 State Farm Road
Tucker
Arkansas 72168
U.S.A.
| Convicted Of: | Rape, Burglary, Kidnapping |
| Sentenced To: | Life Plus 40 Years |
Concerning the facts of the crime: I was arrested on September 14 1986 for a rape charge for which I am not guilty of, the facts and evidence places Nevis Simms in the victim’s (Oma Jordan) house, as well he fitted the description to a tee - beard, hair color everything. Documented evidence of hair samples, fingerprints, cigarette butts, also documentation where lawyer (Dunlap) and prosecutor (Easterling) talked about similar charges occurred after I (Maulding) was in jail - same type of charges same type of M.O. In this letter my lawyer (Dunlap) was going to call witness(es) and show that I was not the rapist, that the rapes were still continuing after my arrest and incarceration; document dated February 3, 1987 Exhibit “A”. Document dated November 5, 1986 shows that the hair sample that was found in the bed of Oma Jordan does not match the hair that came from me, nor none of my hair.