The Conviction of Maleek Jones

Yes, Judge Hall should have access to the entire file as she requested. 2nd Habeas Trial Rockville Superior Court; March 31, 2015 S.H.T.. 3/31/15 p 76, 79, 109,110; {p. 57-119}. The notes are now part of the record. McCray's photo array interview excluding Maleek was missing from her statements, the police report or warrant affidavit. It wasn't disclosed at trial. It was first mentioned in court - F.H.T. March 25, 2009.

Evidence Maleek wasn't culprit: Alibi witness Terry Wilson/Stephenson, Eye witness Sheila McCray, witness Leroy Bember. An incapacitated severely injured left hand during the period this incident was said to have occurred. Left hand was wrapped in a splint/cast/sling and 3 fingers were partially paralyzed. Jury never saw available evidence of it. Hospital and D.O.C. records, as well as photos. Ballistics refute both James Bailey's statement to police used for probable cause and the 3-shooter theory/false jury trial testimony of Spears, Tyrone. Ballistics was withheld and a bullet was unrecovered in vehicle that would've shown it was from the same weapon as the 3 bullets recovered proving Spears trail testimony of three shooter was indeed fabricated. The car was destroyed w/the bullet still in it. A Ballistics expert testified the bullet could and should've been recovered. And further testified no evidence existed to support Spears trial testimony.

S.H.T. 4/28/15 p 45. Both Spears' 1st and 2nd Habeas trial confessions / recantations; F.H.T. 3/26/09 pgs 87-88, S.H.T. 3/31/15 p 127.

My Uncle Jerry Jackson also knew I wasn't a culprit. He was w/me at all times except for the period I was in Terry's apartment. He was assigned my designated driver by my Mother due to my hand injury. And an instruction by doctor not to operate machinery because of the medication I was prescribed.

I was injured in a botched robbery attempt. In attempting to prevent it or thwart it off was shot in the hand. I am left-handed. It shows I was in a tremendous amount of pain, in no condition, or realistically unlikely to fire a weapon as falsely alleged or jumping fences. A medical professional could've corroborated this. This certainly supports alibi. The pic w/me holding my newborn Son with the cast and sling was on that day.

The reason and how I was able to be framed - based on opportunity /abuse of office and power. The police used both James Bailey's fabricated statements and another alleged witness who are known to give false information in order to be excused from their offenses. Their statements were highly inaccurate and implausible. They both were known drug users in the neighborhood and it had long been rumored they'd get money for drugs or drugs to fabricate information leading to arrests. Bailey's statements were fabricated first off because he placed me at the scene of crime. His account of 2 individuals specifically firing semi-automatic weapons at the passenger side of decedent's vehicle was scientifically impossible according to their ballistics report, police and expert testimony. T.T. 3/22/95 P 85-86, 3/23/95 p 15-17, which proved it. It shows the weapon responsible was a "revolver" not semi-automatic and the police and state knew it. The state never used Bailey at trial for that reason or the other person who was discredited in a highly publicized case. The above transc. pgs also refute the state's case through Spears' trail testimony of there being 3-shooter, S.H.T. 4/28/15 p 44-45. This exposes their misconduct.

Then the state coerced Spears into falsely implicating me after he told Gold I wasn't involved. F.H.T. 3/26/09 pg 89, 90. He reduced Spears' charges from murder to manslaughter 7 months before my trial. Never disclosing it was a contingency for implicating me, S.H.T. 3/31/15 pgs, 161, 162, 164-65. At trial Spears initially refused to come up the elevator to testify telling A.S.A. Gold I was not involved. T.T 3/21/95 p 124, F.H.T. p 89, S.H.T. 3/31/15 p 135. Gold then threatened to give him life if he didn't, supra 135. Showing Gold was more concerned with convicting me even if the testimony was untrue than serving justice. Spears came back the next day and made up the un- corroborated / implausible 3 shooter theory. I was convicted in part because of that false testimony, poor representation / investigation (see Juror comment on atty), and prosecutorial interference. "It is unprofessional conduct for a prosecutor to intentionally avoid pursuit of evidence bc she/he believes it will damage their case or aid the accused." 1 A.B.A. Standards relating to Prosecution function § 3-3.11(c). "It is well established ... that a state's attorney has a duty, not solely to obtain convictions, but 'to ensure that all evidence tending to aid in ascertaining the truth be laid before the court, whether it be consistent with the contention of the prosecution that the accused is guilty.'" St v Moynahan.

Also the proximity of this offense to where I had lived and hung out, Dwight/Kensington area; deemed a heavy narcotic area. Also by who was initially implicated in this incident (Spears). The narcs/police saw an opportunity to fabricate me into this case even though the facts didn't support it. The police, the "Dirty Boys," (Narcs) had been harassing me and even assaulted me on the day of the Rodney King verdict. Ratti, Cannon, Raucci, Horsey, and a band of plainclothes cops and detectives made up the Narc Division's "Dirty Boy's." They had a well-known history of assaults and setting guys up. They also had a group once known as the "BDP" (Beat Down Posse).

Didn't know Trocchio before the date of arrest. However, the fact he was with Raucci, Billy White, and Ratti speaks volumes. The former 2 were convicted for corruption; stealing from dealers, planting evidence, lying, etc. Several years ago I read an article in the New Haven Register with Trocchio's name in it concerning possible misconduct. In my case he deliberately lied about a confession relayed to him by a witness who came to the precinct the same day as the shooting. Told him of an encounter where an associate of his confessed he and Spears committed the homicide. He wrote it in his field notes. At trial when the defense attempted to use that witness the A.S.A. disingenuously objected over 'penal interest' wording. Trocchio testified he no longer had the notes and lied about the wording of what the notes said. This lead to the judge excluding that favorable witness from testifying because of Trocchio's false testimony. The A.S.A. was aware of it knowing that testimony would be damaging to his already weak case. However, he did have the notes - 14 years later the notes miraculously appeared at the First Habeas Trial [F.H.T. 3/25/09] and revealed the actual wording. This was deliberate and interfered w/the 'truth- seeking' process. All of the evidence supported the trustworthiness of that evidence. But the jury never heard it. Years after trial when Trocchio retired from the NHPD, he was hired by the same Prosecutor's Office involved in the misconduct as an investigator.

Trocchio also suppressed the photo-array interview in which the eyewitness told him I was not one of two men who shot the victim, the witness's friend. F.H.T. 3/26/09 p 6, S.H.T. 3/31/15 pgs 17-19, 75, 76, 109. This never came out at trial although the state was aware. The jury never heard this. How is that? It was first revealed in 2009, 14 yrs later. The state withheld exculpatory evidence of my innocence and have asked both the state and federal courts to not let me pursue it in court. Clear miscarriage of Justice. This too was in the suppressed field notes.

There has been documented evidence of officers/detectives from the NHPD feeding information to witnesses in order to obtain warrants, coercive manipulation, paying for information that is suspect and other official misconduct in order to arrest individuals they want or didn't cooperate with them or their shakedowns. One case that comes to mind to me is the Scott Lewis case given the similarities in the tactics used. Some of the same detectives and the same assistant state's attorney. The Adam Carmen case, and Daryl Valentine are amongst those. The lawyer in the Lewis civil case was quoted as saying to this effect, "the corruption in the NHPD extended beyond just a few bad apples." It was a culture.

The detectives/police that were convicted of corruption go back before I came to New Haven. They were all linked to the same group whether Narcs/ detectives/plain clothes. All those named above, etal. Notably, these officers were allowed to keep their pensions probably in exchange for not blowing the whistle on how widespread this official misconduct was. Billy White and Raucci particularly. Ratti, Cannon, Billy White, Horsey were part of plains clothes Narc group widely known as the "Dirty Boy's," late '80's and '90's. Nearly all of the corrupt cops were affiliated with this group. Prior to that there was a group called BDP (Beat Down Posse). As for the BDP thing a Brother that has knowledge of this expressed an intention to work on a documentary to have that investigated. There were people seriously hurt by that practice.

According to the police report and hospital security report Ms. McCray was an employee at the Hospital of St. Raphael's. The victim, Mr. E. Harp, early on the morning of 10/14/92, came to visit Ms. McCray at the hospital and upon leaving and exiting the horseshoe driveway at the Main Entrance in his station wagon it was reported she eye witnessed 2 men on the driver's side of vehicle which shots rang out. Ms. McCray ducked and saw one tucking an object believed to be a gun in his waist.

** The state's witness testified SHT3/26/09 p 98, he tucked gun in waist after he alone shot the victim **

Ms. McCray testified security informed her cameras in the hospital lobby revealed she indeed eye witnessed the shooting. Security took a statement from her and they went to the scene. As that security personnel knew she had met w/the victim. When the police arrived she spoke w/them.

Two days later detectives came back to the hospital and conducted a photo array interview in which my pic was included. She did not identify me as one of the men involved. Even going as far as saying the police were encouraging her to say it was me. She refused!

They took her statement of the incident. However, there was never any record of this in the police report, her statement, or it was never revealed at trial even when she became the subject of an in-court motion. The state never disclosed this. It was however recorded in Detective Trocchio's field notes. At trial, Trocchio testified falsely when asked about the notes - that he longer had them. T.T 3/27/95 p 9. He lied! He did have them. His lie resulted in the judge denying the Bember 3rd party confession evidence in which the state's lone witness was implicated as one of the 2 culprits.

Ironically, with all that was known of this witness, the witness's lifelong residence in New Haven, she was never sought to testify at trial as the only credible eye witness. Her account of the shooting was used as fact except the police/state conveniently omitted the fact she emphatically told them I wasn't one of the people who shot her friend.

My court appointed attorney's up until March of 2015 2nd Habeas said they were unsuccessful in locating her. She dispelled that in her 2015 Habeas trial testimony. That she never resided anywhere else and was employed in the City of New Haven. Here she coherently testified consistent to what she initially stated to police in 1992. That I, Maleek Natural Jones, did not shoot her friend or was present. That the police and victim's family were pressuring her to implicate me, supra 3/31/15 p 76, 109. She then fingered the state's lone witness right there in open Habeas court as the shooter. Her absence at trial was an egregious PROCESS failure. A manifest miscarriage of Justice.

Given this 'in-court' ID, the Habeas court mentioned in the decision the passage of time or Ms McCray's memory. When she requested and was allowed to address the court she specifically stated her recollection was clear as day. Stating seeing her friend shot was something she could NEVER forget. That assessment was erroneous in that the judge isn't a medical professional and there was no evidence introduced to support that. Judges are not permitted to act outside of the evidence on record.

The habeas court made a ruling that her testimony was in conflict with the security guard, who stated he and McCray went to the scene, over whether the cops were there when they arrived. Yanac, security, said they were, McCray testified they weren't. This ruling is actually erroneous as well in that it is immaterial. Yanac never witnessed the shooting and that says nothing about the veracity or disputes not what McCray eye witnessed. Yet the CT state appellate and supreme courts have upheld that erroneous ruling denying my petition for a new trial or exoneration.

Ms McCray was a known witness before anyone was a suspect, before the state's witness Spears was a suspect and yet the jury never heard from her but they did from a person convicted of the shooting as a convicted incentivised witness. This is not only an egregious violation and miscarriage of justice, it is also offensive.

Become proactive and support grassroots organizations like those who are advocating for me and the many others who have been wrongfully convicted and incarcerated. Demand transparency and accountability for public officials who misuse their office's or the powers entrusted in them. Demand answers as to why, given all of the facts and evidence of official misconduct, my case wasn't reversed in state court? Why have I remained in prison after the recantations and confession, the suppressed detective's field notes reappearing mysteriously after the exclusion denied a credible witness, or eyewitness McCray finally testifying Maleek was not one of the 2 culprits - information they knew 2 days after incident but suppressed?? Two of my attorneys admitting making mistakes and being unprepared. One even stating he believes I am innocent. SHT 3/31/15 pp 19, 79. Why is he still in prison? Ask the New Haven State's Attorney's Office, the CT Supreme and Appellate courts.

I was convicted on the basis of the uncorroborated inculpatory testimony of a defendant turned state's witness alone. It was never disclosed this sole witness received a favorable plea agreement and consideration at his sentencing. He later confessed to it after testifying before the jury there was no deal. He was sentenced to 8 years incarceration (serving 6) for manslaughter. There was absolutely no physical evidence linking me to this crime and, no evidence supporting the state witness's testimony. The state never recovered a firearm linked to the shooting or me and I have been wrongfully incarcerated for over 3 decades.

It is a marriage of convenience between the two (The NHPD and DA's Office). They oblige each other even when it involves misconduct and are fingers on the same hand. They're interrelated. State's attorney's are equipped to know when charges are bogus or trumped up. They rarely refuse to pursue cases brought by the police no matter how suspect a case may be. The system is set up in a way where D.A.'s or A.D.A.'s can get convictions of innocent, indigent Black and Brown accused defendant's despite the case being extremely weak or insurmountable evidence of innocence. We as a society have become comfortable trusting whoever the DA says is a credible witness and discrediting whoever the prosecutor says is not. The process is systemically "stacked against" or rigged in the state's/police's favor. But in most of these situations they don't care or they have an interest and instead of ensuring they are pursuing the right people they use the weight and resources of their office to build cases against the wrong or innocent individuals. It's more about convictions at all cost than the truth or justice. This is wrong, illegal and immoral.

On the night in question, I spent the night at my friend Terry’s house. Terry obviously knows I was not involved in that incident as I went to her apartment to use the bathroom and we ended up fooling around. It was something that ended up happening we were both not comfortable disclosing. However, it never came out at trial. There is an explanation. My court-appointed trial attorney only met w/her for the 1st and only time the morning of court before she was put on the stand to testify. They spoke for 10 minutes. The attorney actually admitted this during her examination. This frustrated her in that she contacted him months prior to trial expressing a desire to testify. The A.S.A. was also combative w/her during her testimony when she has never been in trouble. He also accosted her in the courthouse hallway. Terry also knew the condition of my left hand in soft cast, splint and sling, wrapped from my fingers to my elbow.

My Uncle Jerry who has since passed away. He testified in 2nd Habeas. He was with me the entire time except the period I was in Terry's apartment. My Mother made him my driver because of my injured hand and the Dr's order to not operate a vehicle because of the dosage of prescribed percocets I was on.

The eyewitness!

Spears initially told police I was not involved. He then implicated me in order to extricate himself when his charges were reduced from murder to manslaughter. Before that, he consistently stated he was w/Pepper. Once Pepper was not viable he fabricated me into this scenario. He then came clean and recanted and confessed in 2009 - that not only did he lie when falsely implicating me but that he committed this offense. He confessed and recanted again in 2015 after being fingered in 'open habeas court' by the eyewitness. The eyewitness the police and hospital security knew of.

Leroy Bember knew I was not involved or there the same morning of the shooting 6 - 7 yrs later. According to the police report, Detective Trocchio's field notes, Bember went to the police station of his own volition after 2 females approached him. The notes say he told the detective Pepper implicated TY and himself. Those notes were suppressed from the trial.

The state has made my incarceration unfair and system failed me in many ways;

1) They knew by ballistics Bailey's statements were false but still held me in jail until trial.

2) The state knew 2 days after shooting eyewitness Sheila McCray told detectives I was not one of two men one shoot her friend the victim in a photo array interview. However, they never disclosed it to the defense or jury. It was first disclosed at first habeas 3/26/09 p. 6.

3) The state withheld that ballistic report taken 7 days after shooting for over 2 years until trial. The report refuted Bailey and their accused witness's trial testimony/theory.

4) The state disingenuously had Leroy Bember's testimony erroneously excluded. That the same day as shooting, of his own volition, he told the detectives someone he knew confessed he and accused state's star witness, committed this offense.

5) The police left a recoverable bullet in the car and never tested it because it contradicts their case of multi-shooters. Appointed counsel never did an investigation either. This bullet would've proved all the bullets recovered and tested were from the same weapon proving the state's witness's trial testimony to be indeed false.

6) The police received a letter 1 month after the incident from an anonymous eyewitness describing the shooting consistent to that of S. McCray, fingering state witness Spears as the principal culprit. The letter was never disclosed until 17 years later.

** The system failed Maleek in many ways

a) Inadequate representation. Counsel was ineffective, incompetent, admittedly under performed - pick one or all.

b) Prosecutor or Official Misconduct / Interference

c) No investigation by court appointed counsel to show the state's case was fabricated. An independent Ballistic's Expert finally testified in 2015 - 23 yrs later - that the uncorroborated testimony of the state's witness wasn't supported by ANY evidence. Meaning it was false. The state as well never investigated their only material witness's testimony, which is their duty.

The state did everything to exclude all of the evidence of my innocence. Going so far as illegally suppressing it. In the same token, doing everything to bolster their incentivised witness who they manipulated and allowed to testify falsely.

The fundamental and inalienable rights enunciated in the preamble to the constitution dictates that every U.S. citizen is guaranteed "Life, Liberty, and the pursuit of happiness." The wrongful deprivation of Liberty is axiomatically unconstitutional.

Article 1st 8 (CT) and the 6th and 14th Amendment of the U.S. Constn's read in part: "no person shall be deprived of life, liberty, or property, w/o due process of law, the unabridged right to a FAIR/impartial trial by jury, the right to competent counsel, the right to be confronted with the witnesses against him, and the compulsory right to have witnesses testify in one's defense." The state clearly in my case interfered, abridged, and violated those rights. They improperly kept out all of the evidence of my innocence, rendering my trial fundamentally unfair. That's not pursuing justice or in good faith.

1995 trial resulted in a guilty verdict based on the sole uncorroborated testimony of a witness who was accused and plead to the shooting. No witness or ballistics evidence to support the testimony. The state interfered and dictated who could testify for my defense by either suppressing or improperly getting my witnesses excluded. The state also allowed their witness to lie to the jury about not having a deal for his inculpatory testimony. This amongst other errors resulted in a wrongful conviction.

Appeal was denied where court-appointed appellate lawyer stated trial counsel's failures to preserve claims hurt appeal. However, I still believe the CT appellate and supreme court affirmed a conviction that went against clearly established federal law.

1. Denied the claim of a due process violation that my undenied mid-trial declaration to the court that court-appointed trial attorney never hired an investigator with available funds at the Public Defender's Office. All the trial court said was, "All right!" The state alleged it was a collateral issue not appellate. They were wrong. Trial atty never denied it as it turned out to be true and accurate. However, nothing was done, even where one of the CT Supreme Court Justices dissented the courts ruling on this and the Bember issue (the denial to present a reliable declaration of a confession) to the jury.

And other prejudicial errors like allowing uncharged Misconduct that prejudiced me. There is also a racial component that the attorneys never addressed. In fact, if there are unaddressed claims, as the state has argued or court has ruled, that is in essence an admission that counsels were ineffective. According to SCOTUS precedent, they are required and trained to pursue errors of constn'l or reversible magnitude . Though, the courts are "holding me captive," a lay person, responsible for counsel's failures.

* If an accused cannot obtain enough evidence to defend himself he cannot have a fair trial; Traynor

* When a state's attorney aggravates an accused lack of ability to obtain evidence by not revealing to him material evidence the constitution has been violated;

* Brady, 373 U.S. 83, 88 (1963) [W]e state that the trial of a serious offense or any other trial, no longer can be considered properly a game of wits and skill. It is clear that men on trial for their lives are entitled to all pertinent facts relating to their defense. In Maleek's case these legal authorities or precedents were abridged - why? And why haven't the courts in all of these years with the facts before it - not correct a blatant and obvious miscarriage of justice?

How is it the courts let people out on technicalities but here they are keeping me captive for technicalities? Is that right?