KEVIN WILSON - Michigan
----- Original Message -----
From: Taoss - Sherry Swiney
Cc: PATRICK Crusade
Sent: Monday, March 10, 2003 6:49 PM
Subject: [patrickcrusade] Kevin Wilson - Michigan
Who do we have who can assist Cary LeHaye on the case of Kevin Wilson - another innocent, wrongly convicted - thanks to our broken legal system whole supported by ineffective assistance of counsel? Please see below.
KEVIN WILSON - Michigan
Received 3-10-2003 from Cary LeHaye Anl191@aol.com
To whom it may Concern,
I am writing to you regarding my very dear friend Kevin. He is incarcerated at Mid-Michigan Correctional Facility in St. Louis for a crime he did not commit. I'm sure you hear that from almost everyone but in this case it happens to be true. I will try to briefly explain what transpired and I'm
praying that maybe your organization can help us get Kevin released.
Kevin was married to Lesa and they have 2 children ages 5 &7. She was cheating on him and he left her. She decided at some point thereafter
that she wanted to reconcile and began following him around and watching him. During this time he kept the kids while she worked. She eventually persuaded him to move back in which he did. About a month later she started getting phone calls from men and started doing drugs, staying out all night etc.. On 4/6/99 Kevin went to his friends shop, and told her he wouldn't be home until around 11 pm. However, He didn't stay as long as he planned and when he got home he found Lesa on the kitchen counter with her pants down and another man semi disrobed with her. He got in a physical confrontation with the man, and after he left Kevin and Lesa fought. He did backhand her because she kept jumping on him. And screaming as he was trying to pack his stuff to leave.
Lesa called the police and told them that he sexually assaulted her, specifically inserting his finger inside her by using force or coercion. When
the police arrived he was outside packing his truck to leave and they arrested him. He was subsequently charged with Criminal Sexual Conduct first and third degree. Kevin hired an attorney and his attorney told him he should plea bargain to a reduced charge of CSC 3rd and incarceration for a period of 30 months. Lesa refused to go to the hospital for testing when this all happened and she has a history of falsely accusing people of crimes. Kevin told his attorney there was no way he was going to plead guilty and he wanted it to go to trial because he didn't do it and was not guilty. Despite Kevin's repeated refusal to plea his attorney kept insisting that he take the plea. His attorney then went to Kevin's Mom, Sister, and Grandma and told them if they didn't talk him into plea-bargaining he would probably get sentenced to life. After 6 hours of this back and forth Kevin finally agreed because of how upset his Mom and Grandma were. He asked his attorney 3 times if he was
sure he would only have to spend 30 months and his attorney guaranteed him he would only serve 30 months. The plea agreement which is signed by the prosecutor and his attorney states if defendant is sentenced following a valid plea of no contest to the charge of CSC 3rd degree then it is agreed that the court will impose a minimum sentence of 30 months. I'd also like to note that Kevin's Mom, Sister, and Grandma also asked his attorney if he was absolutely sure Kevin would only serve 30 months and he stated "Yes, I promise he will only be incarcerated 30 months.
Well Kevin pled no contest and was sentenced to 30 months to 15 years!!!!! Michigan has min/max sentencing guidelines. Kevin tried to object when he heard this but his attorney said to shut up they would talk about it later.
Kevin has now been incarcerated for 4 years he has been denied parole twice by the parole board despite the fact that his probability for parole was high and he has NEVER had any tickets. His now ex-wife Lesa even wrote the parole board a letter stating she needed him released because she can't handle there 2 children by herself.
The same attorney who talked him into a plea filed 2 motions:
1:Motion to vacate sentence
2:Motion to set aside plea
However both motions were filed with inaccurate claims and this attorney never even contacted him throughout this whole thing. He told Kevin to
call him twice collect and then would not accept the charges when he called. Both motions were denied and the circuit judge stated that he would not go against the parole boards decision even though he had the authority. He told his attorney to file a due process claim.
Two weeks ago we received a letter from this attorney stating there was nothing else he could do for him and resigned from his case. We retained a second attorney who charged us $700.00 to find out exactly what was going on and he says now he wants $15,000.00 to file an appeal. We do not have this kind of money. We have already spent $10,000.00 for both attorneys.
I have been doing a lot of research on the computer and I think filing a motion under title 28 U.S.C.A. ~2255 might be appropriate based on the argument's
The plea bargain was illusory The plea was not voluntary as it was obtained through coercion that is "overbearing" to the defendants will Brady v. US
Undue coercion may be mental as well as physical and may be the result of subtle pressures. Garrity v. New Jersey, 385 U.S.493,495,87 S.Ct. 616, 17 L. Ed. 2d 562 (1967)
The effective assistance of counsel guilty plea test states: "a defendant must show that counsel's performance was deficient and that the deficient performance was prejudicial to the defendant. If defense counsel failed to explain the nature of the charges or the consequences of the plea, or if counsel failed to discuss possible defenses to the charges: such failures of counsel deprive the defendant of the ability to make an intelligent and informed decision."
There are also a lot of issues addressing the denial of parole the second time violating his due process rights as well.
I am praying that someone can advise us on where to turn. At this point we just want him out of prison even though he should never have been convicted in the first place. Your Office was recommended so that is why I'm writing this.
Thank you in advance for your time.
Kevin Wilson #290673
Mid-Michigan Corr. Facility
2801 N. Croswell Rd.
St. Louis, MI 48880
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Sent: Monday, March 10, 2003 5:52 PM
Subject: please help
I'm attaching a letter with the facts of our particular situation. I'd really appreciate it if you could read it and any help you may be able to give
would be greatly appreciated.