GRAND JURY BOMBSHELL!!!
While combing through old news articles about my case, I stumbled across this gem from Michigan State University's, The State News, dated 9/5/1996. http://www.statenews.com
According to former staff writer Chad Oliveiri, an "indictment was issued relating to (Rose) Larner's murder, but the individual charged could not be located by police."
This article is shocking, considering I was arrested August 8, 1996, and
was locked in Calhoun County Jail when the article was published.
Shocked (and puzzled) by the claim made in The State News, I tracked down
former staff writer Chad Oliveiri, and asked him, "Who was the source for
your article?"
He responded:
He responded:
Chad Oliveiri "bets" that he got the information from the DA
(District Attorney). Okay, in a small town like Lansing, Michigan, the DA Chad
Oliveiri is referring to, would actually be the County's Prosecuting Attorney.
And, I'm sure, the Prosecuting Attorney who gave Chad Oliveiri the indictment
info had to have been former Ingham County Prosecutor Donald Martin. Donald
Martin (a notorious media-whore) was running for reelection that year and was
exploiting the case against me for its political value. (Remember the
prosecutor from the Duke Lacrosse Team case? Donald Martin was that kind of
scumbag.) Nevertheless, ol' Dirty Don Martin ended up losing his bid for
reelection. (But let me get back on track.)
After contacting Chad Oliveiri, I wrote to the Michigan Court of Appeals, and requested a copy of the Order granting the petition for a Grand Jury to be convened.
When I received the Order, I discovered that Dirty Don was designated to assist the Grand Jury, and 29th Circuit (Clinton County) Judge Jeffrey L. Martlew was designated to preside over the Grand Jury proceedings.
After contacting Chad Oliveiri, I wrote to the Michigan Court of Appeals, and requested a copy of the Order granting the petition for a Grand Jury to be convened.
When I received the Order, I discovered that Dirty Don was designated to assist the Grand Jury, and 29th Circuit (Clinton County) Judge Jeffrey L. Martlew was designated to preside over the Grand Jury proceedings.
Learning that it was a 29th Circuit Judge who was designated to preside
over the Grand Jury proceedings, I knew that the 29th Circuit Court in Clinton
County retained jurisdiction over everything pertaining to the Grand Jury.
Therefore, I wrote the Clinton County Clerk's Office and inquired if I was
indicted by said Grand Jury. They responded, "No."
I then knew that The State News couldn't have been referring to me when
they reported that an individual was indicted but couldn't be found.
Wondering what I should do next, I headed over to the prison's Law Library.
After researching Michigan's Grand Jury laws, I discovered that Michigan Court Rules 6.107, and People v Bellanca, 386 Mich 708 (the Controlling Case Law) guarantees me the right to Grand Jury records and testimony transcripts of all witnesses who gave testimony pertaining to my case.
To acquire the Grand Jury records and testimony transcripts, I sent a motion the 29th Circuit Court. This was their response:
Wondering what I should do next, I headed over to the prison's Law Library.
After researching Michigan's Grand Jury laws, I discovered that Michigan Court Rules 6.107, and People v Bellanca, 386 Mich 708 (the Controlling Case Law) guarantees me the right to Grand Jury records and testimony transcripts of all witnesses who gave testimony pertaining to my case.
To acquire the Grand Jury records and testimony transcripts, I sent a motion the 29th Circuit Court. This was their response:
Sounds like they were giving me the runaround, huh? Well, they were.
First of all, the Calhoun County Prosecutor has no authority to possess sealed Grand Jury records, and even if the prosecutor did have them, do you think he would just hand over exculpatory evidence that proves someone else was indicted for the crime I'm in prison for? (Of course he wouldn't.)
Secondly, the Clinton County Clerk's Office refused to file my motion, and they responded as though they weren't in possession of the Grand Jury records I was looking for, stating, "Hopefully, they (the Calhoun County Prosecutor's Office) will have the information you are requesting."
Ain't that some crazy shit?!
Alright... assuming that the Clinton County Clerk was an "honest" elected official and would act in accordance with the Michigan Constitution, I thought, well, maybe they no longer have the Grand Jury records... I should check with the Michigan Court of Appeals and Supreme Court.
Both Courts replied to my inquiries:
First of all, the Calhoun County Prosecutor has no authority to possess sealed Grand Jury records, and even if the prosecutor did have them, do you think he would just hand over exculpatory evidence that proves someone else was indicted for the crime I'm in prison for? (Of course he wouldn't.)
Secondly, the Clinton County Clerk's Office refused to file my motion, and they responded as though they weren't in possession of the Grand Jury records I was looking for, stating, "Hopefully, they (the Calhoun County Prosecutor's Office) will have the information you are requesting."
Ain't that some crazy shit?!
Alright... assuming that the Clinton County Clerk was an "honest" elected official and would act in accordance with the Michigan Constitution, I thought, well, maybe they no longer have the Grand Jury records... I should check with the Michigan Court of Appeals and Supreme Court.
According to the Court of Appeals, the Clinton County Clerk's Office wasn't
being completely truthful, because according to the Court of Appeals, the
Clinton County Clerk's Office had the Grand Jury records and transcripts I was
searching for.
I wrote Clinton County Clerk's Office and attached a copy of the letter I received from the Court of Appeals.
They sent me a two sentence response.
I wrote Clinton County Clerk's Office and attached a copy of the letter I received from the Court of Appeals.
They sent me a two sentence response.
Yep,
that's right, only after being caught in a lie, did they admit that they had
the file.
Once again, I motioned the Court for production of the Grand Jury records and testimony transcripts, which (by law) I am entitled to get (and I was supposed to receive prior to my trial).
Once again, I motioned the Court for production of the Grand Jury records and testimony transcripts, which (by law) I am entitled to get (and I was supposed to receive prior to my trial).
Ten days later, this was Chief Judge Lisa Sullivan's response:
