Thelonious (Sean) Searcy (r, seated) listens as his attorney Michael Dezsi (standing center), plays Vincent Smothers’ recorded confession to the 2oo4 murder of Jamal Segars into the record on (Smothers is on stand with head bowed, listening.) Smothers then testified in explicit detail about the crime, for which Searcy is currently serving Life Without Parole. Smothers said he used a .40 caliber gun to kill Segars, firing repeatedly from behind Segars’ car before he shot him directly through the driver’s door. Smothers stated he did not know Searcy and that Searcy had nothing to do with the killing. While claiming that he did not know what caliber gun killed Segars, Pros. Patrick Muscat presented a .45 caliber gun as the murder weapon.
Searcy’s appeal of Judge Timothy Kenny’s Dec. 3, 2018 denial of his motion for a new trial based on actual innocence currently pending
Grievance targets repeat offender AP Patrick Muscat, who also falsely prosecuted Davontae Sanford, later freed after nine years in prison
“I SEE MY LIGHT COME -SHINING”
Searcy’s complaint among of a number of recent shocking revelations about deliberate misconduct in Wayne Co. Prosecutor’s Office, DPD, including police murder of Terrance Kellom
(Editor’s Note: Voice of Detroit broke the story of Mr. Thelonious Searcy’s false conviction, and extensively covered the evidentiary hearing he won through a pro se complaint written after his own thorough research and documentation, aided by other outstanding jailhouse lawyers. Searcy’s success in winning that hearing is a beacon of light for hundreds of other falsely convicted individuals behind MDOC walls.
Links to VOD’s stories on Searcy’s case are below this copy of Searcy’s grievance.)
THELONIOUS SEARCY GRIEVANCE VS. AP PATRICK MUSCAT
Dear Attorney Grievance Commission: February 11, 2019
I submit before this commission that Wayne County Prosecuting Attorney Patrick Muscat, is in violation of the MICHIGAN COURT RULES OF PROFESSIONAL CONDUCT, RULE 8.4 MISCONDUCT (B) & (C).
AP Patrick Muscat testifies at Searcy evidentiary hearing May 9, 2018.
Attorney Muscat, engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law where such conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer. In accordance with Violation (C), Muscat has engaged in a conduct that is prejudicial to the administration of justice.
Muscat was the Prosecuting Attorney in the People v. Thelonious Searcy, case number 04-12890-01. This violation occurred on May 6, 2005 during jury deliberation. The foreperson for the jury sent a letter to the court, specifically asking “What type of caliber weapon or bullet killed the deceased?” The court responded, after speaking with both attorneys they agreed that the bullets were too deformed to determine the type of caliber that killed the deceased . . . . (trial transcripts, volume 5, May 6, 2005, pg. 89, lines 5-13).
Upon receiving this information from the court, the jurors found Searcy Guilty of Premeditated Murder, Assault with the Attempt to Murder and Felony Firearm (trial transcript, volume 6, May 9, 2005).
This question asked by the jury was critically serious for multiple reasons. (1) First and foremost the jury was deliberating on a First Degree Murder charge. (2) Secondly, this question showed that the jury had doubt. This assertion can be supported by the question posed to the court. “We want to know what type of caliber weapon or bullet that killed the deceased.” The jury could not or would not render a verdict until this specific question was answered about the weapon that killed the deceased.
Thelonious Searcy
Prosecuting Attorney Muscat had a legal, ethical duty as a sworn Officer of the Court to provide truthful information to the jury in the above case mentioned in this Formal Complaint.
This attorney’s deceitful, malicious actions caused Thelonious Searcy to suffer irreparable harm as a criminal Defendant. Searcy was sentenced to Life Without Parole in the Michigan Department of Corrections because this Prosecuting Attorney chose to deliberately lie to the jury about not knowing what type of caliber weapon killed the deceased.
On May 15, 2018, Thelonious Searcy had an evidentiary hearing before 3rd Circuit Court Presiding Judge Timothy Michael Kenny. During this hearing it was factually proved that Prosecuting Attorney Patrick Muscat deliberately lied to Searcy’s jury about the caliber bullet found in the deceased. The Prosecuting Attorney representing the Wayne County Prosecuting Office during this evidentiary hearing was Thomas Chambers. Mr. Chambers commissioned Sergeant Patricia Little from the Wayne County Conviction Unit to retrieve the following evidence property tags listed below:
E07191604, E0719704, E07191804 and E07191504
The above property tags were identified as being 40 calibers.
Independent firearms expert David Balash identified these bullets as 40 calibers. Balash further stated that no other caliber bullet weighs the same as a 40 caliber bullet. He also testified that these bullets were found in the deceased’s body. A Laboratory Firearm Analysis Report dated 1-7-2005 was listed as People’s Exhibit #23 by Prosecutor Patrick Muscat during trial. This specific report shows that Muscat knew the caliber of the weapon that killed the deceased. Detroit Firearm Expert David Paunch identified those tags listed above as 40 calibers (see laboratory report number F-0436E).
Ignoring the exculpatory findings from the Detroit Police Firearm Experts David Paunch and Lloyd Allen exposes that Prosecutor Muscat deliberately committed perjury to obtain a criminal conviction. Thus, disregarding Searcy’s constitutional right to have a fair trial, which was utterly adverse to the judicial system.
Presiding criminal court Judge Timothy Kenny, who was Searcy’s trial judge, has since been appointed Chief Judge of the 3rd Judicial Circuit Court.
It is well said that the Prosecutor may not use knowingly false testimony to obtain a criminal conviction. A Prosecutor’s duty to prevent lies from entering the evidence in the guise of truth stems not from any particular role in the adversary process; rather it is derived from the prosecutor’s duty to represent the public interest and to place the pursuit of truth and justice above the pursuit of a conviction.
In this particular case, the false information given to the jury has not been corrected. Nor has this prosecutor been held accountable for this malicious misconduct. Searcy prays that this Honorable Commission would conduct a fair and impartial investigation into the inflammatory, corrupt tactics utilized in this formal complaint.
Above is Vincent Smothers’ confession to the murder of Jamal Segars, taken by Private Investigator Scott Lewis.
VOD stories on Thelonious Searcy’s wrongful conviction in 2005, evidentiary hearing 2017-18, in chronological order:
