The Prosecutor never disclosed to the Grand Jury Material Witness Avondell Jones’ Material Statements nor did he disclose these to the Defense.
The Prosecutor never called her before the Grand Jury nor to testify at my trial.
The Prosecutor' s only Eye Witness to this murder, Kelvin Davis, made serious accusations that I gave Avondell Jones the murder weapon wrapped in a towel for her to hide, after the shooting. This Material Witness had her residence searched by Homicide Detectives.
Avondell Jones was also supposed to have been present, when I allegedly told another Prosecution Witness, *Calvin Lawrence, who was the victim's friend and drug partner, that I shot the victim.
Homicide Detectives testified they interviewed Avondell Jones a few times at her house and at the Police Dept and that she was very cooperative, and that she was questioned about the serious accusations made against her that night. (RT -242-283).
Prosecutor immediately objected on the grounds of hearsay. (RT - 283). The Court sustained.
This also explains why the Prosecutor never turned her Statements over to the Grand Jury nor to the Defense. She was never called by the Prosecutor to testify. What was equally strange:
(1) I have never ever seen my San Francisco Police Report to this very day.
(2) My Trial Attorney could not find this Material Witness at the time of my trial.
NOTE: Avondell Jones was the girlfriend of Prosecution Witness Sherman Harris who was originally charged with this murder as an accomplice.
The Prosecutor's Only Eye Witness to this murder, Kelvin Davis, was also himself charged with this murder and all Evidence / Motives pointed to him. The Judge never instructed the Jury under California Law that Kelvin Davis and Sherman Harris were accomplices as a Matter of Law.
The Prosecutor never disclosed that Kelvin Davis and Sherman Harris were given
immunity in exchange for their Testimony. It was not until after I arrived to State Prison that I learned all charges against Kelvin Davis were dismissed.
It was not until years I learned that Sherman Harris made a Non-Disclosed Deal in Exchange for Testifying, resulting in Drug Charges and Weapon Charges in Portland, Oregon being dismissed against him.
The testimony of these two Prosecution Witnesses at trial reveal they sold the drugs to the victim a few days earlier. Kelvin Davis volunteered to bring his gun over to Avondell Jones and after the shooting he had his Cadillac repainted which was paid for by Sherman Harris.
NONE OF THESE EVENTS HAD ANYTHING TO DO WITH ME.
The Prosecutor allowed this Only Eye Witness to falsely testify before the Grand Jury and Trial that on the night of the murder, he saw me in possession of two guns: a .32 caliber and a .38 caliber.
What the Prosecutor did not disclose to us (the Defense ) was the Oakland Police Report involving Prosecution Witness Kelvin Davis's Arrest for this murder, where he gave statements about the house where this .32 caliber allegedly carried by me could be found and a .38 caliber. A Search Warrant was obtained and officers seized a .32 caliber and a .38 caliber among other items.
The Oakland Police Department’s Ballistics Report showed that neither of those was the murder weapon nor did they contain my fingerprints, yet the prosecutor felt it was not necessary to share this Report with the Defense.
I saw the Oakland Police Report for the first time in the early 1990's when I purchased a copy from the Oakland Police Department.
The Prosecutor got admitted into Evidence a personal photograph of me wearing a Holster with a .38 caliber unrelated to this case. The Prosecutor deliberately and falsely informed the Trial Judge he would present witnesses that would testify the gun in the photograph with me was the same gun they saw me with the night of the shooting and the victim was shot with a . 38 caliber.
The Judge let the photograph into Evidence for Limited purposes to show at one time in my life I possessed a gun. The Prosecutor presented conflicting False Testimony whether or not they saw me with a gun period.
The Prosecutor did not tell the Judge the following things:
A) He knew the actual gun in the photograph was in police custody.
B) Ballistics Tests revealed it was not the murder weapon.
C) The Prosecutor let the Judge grant a 1538.5 Motion suppressing the actual .38 caliber in the photograph. At the time this 1538 Motion was filed I was not aware that the .38 caliber seized in Portland, Oregon during Sherman Harris’ arrest was the same gun in the photograph.
I was also arrested in Portland, Oregon, but I never saw the Portland Oregon Police Report until the first time in 1985 with the help of the Portland, Oregon Public Defender office.
D) Had I known at the time this photograph was presented or when the Motion was about to be filed that Detectives had the gun in their possession, I do not think my Trial Attorney would have filed a Motion to suppress that gun seized in Portland, Oregon.
All that evidence shows that the gun in the photograph with me was not the murder weapon nor did I shoot the victim, and lastly the victim was not shot with a .38 caliber.
E) The Homicide Detectives falsely marked a half jacket copper bullet as a .38 caliber found near the victim's body.
On Direct Examination by the Prosecutor, the Detective identified the half jacket bullet as a .38 caliber. On Cross Examination the Detective testified the half jacket bullet was too damaged to identify the caliber (RT -287):
Q. Was there any Ballistics Analysis of the pistol bullet that was shown here or bullet that
was found here?
Q. And what was it? What was the Result of the Analysis?
Q. What does that mean?
A. It means that the damage to the bullet was to the extent that it was hard to get a true analysis or at least one that could be testified to.
The Prosecutor’s Pathologist also testified that no caliber could be determined and the fragments he recovered could not be reconstructed to give any type of caliber (RT -112).
The Prosecutor never proved the victim was shot with a .38 caliber.
One more final important fact is that I was convicted in 1976, and in 1977 the District
Attorney's Office and the Police Department destroyed All the Evidence and Exhibits used at my 1976 trial, only one year after I was convicted. I don't believe this ever happened in a Murder Case where all evidence is destroyed one year later.
Somebody was trying to make sure if I was lucky enough to find a competent Criminal / Appeal Attorney there would not be any evidence / exhibits to be examined or tested.
A Final Note:
*Prosecutor Witness Calvin Lawrence testified before the Grand Jury that he did not see me with a gun that night. He also testified before the Grand Jury that I never told him I shot the deceased. At the trial the Prosecutor asked him the same questions again. This time he falsely testified he saw a gun and I told him I shot the victim. This witness gave false perjured testimony and admitted to testifying falsely before the Grand Jury.
This Issue of Perjury was never raised on my direct Appeal including these Brady Errors, IAC and Police / Prosecutor Misconduct.
I continue to sit here in prison over 36 years for a murder I did not commit. I have maintained my innocence from 1976 to the present dav and I will not give up until my Wrongful Conviction has been overturned.
PLEASE HELP ME.
Struggling for Justice,
PAUL. A. REDD JR
Paul A. Redd Jr B-72683
California Medical Facility (CMF)
P.O. Box 2000
Vacaville, CA 95696-2000