FRAUD UPON THE COURT – BY USING THE GRAND JURY PROCEEDING AS A
PAWN IN A TECHNICAL GAME
I’ve heard somewhere that lightning cannot strike the same place twice; but I never gave it much thought until now. My name is Dee, that’s my nickname of course, or what family and friends choose to affectionately call me and this is my story……….
What can I say without painting a lopsided picture of myself or placing myself in the most positive of lights? I am just an average African American male who, like many others, longed to live the American dream. That is, until that dream came unexpectedly crashing down upon me.
I can remember it as if it were yesterday; the stark bitter cold that attacked me as I stepped out of my car. I don’t know why, and for the life of me, even until this day I haven’t figured it out. For some reason, it seemed as if all my senses were alive. I detected every sound, every smell was enhanced, my vision became 20/20. Maybe it was the illuminated sky or the crisp air that had my fully aware. I don’t know. What I do know is that I never have had that feeling of being watched before.
In spite of the bitter cold, this feeling of uncertainty made me pause and turn both left and right. Eventually, I shook this unfamiliar feeling and headed to my front door. After having a long day at work all I wanted to do was shower, shave and drift off into a deep sleep. Never in a million years would I have thought I would be waking up into a nightmare.
On December 2, 2007 the manager of a Rite-Aid Pharmacy was held up at gunpoint by a ‘lone assailant’. The manager was forced to the back of the store and ordered to put all of the narcotics they had into a black bag..After the manager complied, he was ordered to lay on the floor..It was then, the offender fled.
(View Exhibit 2)
FBI Agent Joseph Majarowitz led an investigation into the identity of the suspect. His name was David Spikes. An African American male who was by no means a stranger to the law. Shortly thereafter David Spikes was arrested and charged with this robbery and others.
A Grand Jury was assembled where charges against Mr Spikes were presented by the Prosecutor assigned to the the case. The Prosecutor (Karen Marston), presented Agent Majarowitz as her ‘only’ witness. After having been first duly sworn in , Agent Majarowitz testified in detail and presented overwhelming evidence that implicated Mr Spikes as the ‘lone robber’ . Eyewitness statements, video surveillance from the inside of the Rite-Aid & Spikes’ wife’s cell phone records placed Mr Spikes at the Rite-Aid at the time of the robbery. It did not take long before they returned an Indictment against Mr Spikes.
(View Exhibit 3, 4, 5, 6, 7 & 7a)
Approximately seven months later, when presented with the evidence against him, Mr Spikes subsequently entered a guilty plea agreement with the government for the Rite-Aid robbery as the ‘lone assailant’. Next, the Prosecutor prepared and filed a document (PLEA MEMORANDUM) for the ‘FACTUAL BASIS’ of Mr Spikes’ guilty plea which specifically stated David Spikes was the ‘lone robber’ that entered, thus robbed this particular Rite-Aid Pharmacy. Finally on December 2, 2008, Mr Spikes under oath and on record (at his guilty plea hearing) admitted his guilt and agreed with the governments ‘Factual Basis’ that he was the ‘lone robber’, and entered a plea of guilty to these facts.
(View Exhibit 8)
Fourteen days later, on December 16, 2008, my nightmare began. Under the direction and leading questions of the same Prosecutor, Agent Majarowitz was again the only witness at another Grand Jury proceeding i.e MINE. Charging me with the same Rite-Aid robbery as on December 2, 2007 as being the ‘lone robber’.
(View Exhibit 9, 9a & 10)
Somehow during the sworn testimony the Prosecutor and Agent – fully aware that David Spikes had already admitted his guilt as being the ‘lone robber’ – said nothing to the Grand Jury about Mr Spikes plea of guilt, and replaced ‘ME’ (In the cookie cutter fashion) as the ‘lone robber’ of the exact same robbery using the same facts Mr Spikes previously plead guilty to.
What is even more alarming is the fact that ‘no evidence’ was presented to the Grand Jury to support the Agent’s testimony that implicated me. Due to the ‘cookie-cutting’ process being used and applied here i.e the evidence and exact wording used to indict and prosecute Mr Spikes were used in my case to indict and prosecute me, without any evidence to uphold any truths. Thus, how can two individuals be implicated in the same crime / same wording / same time / same location / same facts / when each individual was charged and prosecuted as the ‘lone robber’.
This seemed like a plot straight out of a New York Times best seller, but this wasn’t a work of fiction nor was I a colourful sub-character being dressed up to enhance the plot. This was reality being dished out, in its rawest form, and somehow I was the main character, suddenly thrust onto center stage.
Now I sit here in the fight for my life, set out on a quest to prove my innocence.
Huh ! Kind of funny when you think about it, I guess lightning can strike the same place twice.
If you are interested in learning more about my story or fight, or if you are willing to provide any assistance please contact my team at the following email address: firstname.lastname@example.org
I would like to end by acknowledging the people who made sure I didn’t give up. The people who believe in me and made sure this important story got told, and also to the people who care deeply about Justice and change.
Thank you, ‘TeamBurnett’ for your love and support.