MY ALIBI... and a Prosecutor's lie
When you are accused of a crime you didn't commit,
having an alibi is essential to your defense... or so you would think.
Preparing for trial, I gave my attorney information about people who
could possibly verify what I told him. My attorney told me, "No
witness, is the best witness." That's right... out of the many people I
asked my attorney to talk to, he didn't interview any of them. In
fact, he didn't call one witness to testify in my favor.
One specific witness I told my attorney to interview was David Frost. I informed my attorney that I remembered seeing David Frost working at McDonald's, when I left the house in Albion to grab something to eat. I suggested we have a private investigator interview David Frost and ask if he remembered the visit.
I also suggested that we have a private investigator canvas the town and search for anyone who remembered seeing me three years earlier in the McDonald's parking lot. It would have been a long shot but not really that far fetched. I was in my brother's truck, which people in Albion would have recognized and the visit occurred in December, when many people would have been back in town for the holiday.
My attorney refused to investigate.
When I was questioned by Calhoun County Prosecutor John Kelsey about my stop at McDonald's I defied my attorney's advice and testified that I remembered seeing David Frost working that day.
Take note: I stated that I remembered seeing this person, three years prior on an exact date. The time of day, I couldn't be sure of but I remembered it being sometime in the afternoon. Calhoun County Prosecutor John Kelsey tried to change the day of the visit and attempted to get me to lock in a specific time of 2 o'clock. It was Prosecutor John Kelsey who insisted on the exact time of 2 o'clock. I stated only what I remembered... that it was sometime in the afternoon.
Detectives immediately rushed over to Albion, to verify what I said. After interviewing David Frost and checking his work schedule from December of 1993, detectives learned that David Frost did indeed work on the exact day I testified to seeing him.
David Frost started work at 5 o'clock. However, he couldn't remember seeing me three years ago on that specific day. David Frost also couldn't remember if he even worked on that specific day three years ago. Nevertheless, he was exactly where I stated he was... at McDonald's, working.
Having a verifiable alibi should have bolstered the fact that I was telling the truth. Not so, when you're dealing with a dishonest prosecutor who is not interested in the truth. Prosecutor John Kelsey, disregarded the fact that I repeatedly stated the visit happened sometime in the afternoon and I never gave a specific time of my visit. Prosecutor John Kelsey then told the jury that I was the one who said I stopped at McDonald's at 2 o'clock and he used HIS own bogus statement against ME.
Prosecutor John Kelsey intentionally misled a jury that obviously could not remember who said what. But I have shown you the trial transcripts... and it was Prosecutor John Kelsey, not I, who said the McDonald's visit happened at 2. Prosecutor John Kelsey lied to the jury in order to discredit my testimony. Testimony that was supported by the facts. Yet, when the truth got in the way of Prosecutor John Kelsey winning a conviction, Prosecutor John Kelsey distorted the truth.
The Michigan Court of Appeals stated that because David Frost was not working at 2 o'clock, my testimony was unreliable. Obviously, the Michigan Court of Appeals never took the time to read the actual trial transcript and only referred to Prosecutor John Kelsey's deceitful closing statement.
Sadly, David Frost passed away and cannot be interviewed again. After my trail, a close friend of ours from Albion, told me that Frost said he never saw me driving my brother's truck because he thought he was helping me.
I say this repeatedly... I ONLY ASK FOR PEOPLE TO TELL THE TRUTH.
One specific witness I told my attorney to interview was David Frost. I informed my attorney that I remembered seeing David Frost working at McDonald's, when I left the house in Albion to grab something to eat. I suggested we have a private investigator interview David Frost and ask if he remembered the visit.
I also suggested that we have a private investigator canvas the town and search for anyone who remembered seeing me three years earlier in the McDonald's parking lot. It would have been a long shot but not really that far fetched. I was in my brother's truck, which people in Albion would have recognized and the visit occurred in December, when many people would have been back in town for the holiday.
My attorney refused to investigate.
When I was questioned by Calhoun County Prosecutor John Kelsey about my stop at McDonald's I defied my attorney's advice and testified that I remembered seeing David Frost working that day.
Take note: I stated that I remembered seeing this person, three years prior on an exact date. The time of day, I couldn't be sure of but I remembered it being sometime in the afternoon. Calhoun County Prosecutor John Kelsey tried to change the day of the visit and attempted to get me to lock in a specific time of 2 o'clock. It was Prosecutor John Kelsey who insisted on the exact time of 2 o'clock. I stated only what I remembered... that it was sometime in the afternoon.
Detectives immediately rushed over to Albion, to verify what I said. After interviewing David Frost and checking his work schedule from December of 1993, detectives learned that David Frost did indeed work on the exact day I testified to seeing him.
David Frost started work at 5 o'clock. However, he couldn't remember seeing me three years ago on that specific day. David Frost also couldn't remember if he even worked on that specific day three years ago. Nevertheless, he was exactly where I stated he was... at McDonald's, working.
Having a verifiable alibi should have bolstered the fact that I was telling the truth. Not so, when you're dealing with a dishonest prosecutor who is not interested in the truth. Prosecutor John Kelsey, disregarded the fact that I repeatedly stated the visit happened sometime in the afternoon and I never gave a specific time of my visit. Prosecutor John Kelsey then told the jury that I was the one who said I stopped at McDonald's at 2 o'clock and he used HIS own bogus statement against ME.
Prosecutor John Kelsey intentionally misled a jury that obviously could not remember who said what. But I have shown you the trial transcripts... and it was Prosecutor John Kelsey, not I, who said the McDonald's visit happened at 2. Prosecutor John Kelsey lied to the jury in order to discredit my testimony. Testimony that was supported by the facts. Yet, when the truth got in the way of Prosecutor John Kelsey winning a conviction, Prosecutor John Kelsey distorted the truth.
The Michigan Court of Appeals stated that because David Frost was not working at 2 o'clock, my testimony was unreliable. Obviously, the Michigan Court of Appeals never took the time to read the actual trial transcript and only referred to Prosecutor John Kelsey's deceitful closing statement.
Sadly, David Frost passed away and cannot be interviewed again. After my trail, a close friend of ours from Albion, told me that Frost said he never saw me driving my brother's truck because he thought he was helping me.
I say this repeatedly... I ONLY ASK FOR PEOPLE TO TELL THE TRUTH.
