INKSTER COP DARIAN WMS. EXTORTED DRUG DEALERS DURING CASE V. MICH. LIFER MICHAEL DEGRAFFENRIED

Michael DeGraffenried, convicted of Inkster murder in 2000,  is set for an evidentiary hearing Fri. April 12,  WCCC Judge Tracy Green, FMHJ Rm. 604

Witness expected to testify he was not the shooter, was not present at crime

Inkster, MI Police Car 2004

Former Inkster Police Sgt. Darian K. Williams, OIC in case, was robbing, extorting drug dealers using his police car from 1999 through 2001, convicted 2003

Inkster PD’s Gregory Hill and Anthony Abdallah, also involved, cited in cases of exonerees George Clark, Kevin Harrington

Exoneree Alphonso Clark, Jr. others still in MDOC, cite role of  Inkster police  Sgt. Anthony DelGreco in wrongful convictions

Michigan Supreme Court ruling in People v. Hammock, 946 N.W.2d 546 | Casetext Search + Citator is relevant to witness testimony expected at April 12 evidentiary hearing on Degraffenried’s case

By Diane Bukowski

April 2, 2024

DETROIT — As Michael Degraffenried was being tried for murder and sentenced to 30 to 50 years on March 3o, 2000, the officer in charge (OIC) of his case, Inkster Police Sgt. Darian K. Williams, was robbing and extorting drug dealers using his official police car.

Sgt. Williams was charged with those activities, which occurred from May 1999 to December, 2001, in the U.S. District Court in Chicago, according to court documents. He was convicted in 2003 and incarcerated in a federal prison until Sept. 1, 2005.

U.S. District Court Judge Amy St. Eve

“At trial, the Government presented evidence that from May 1999 through December 3, 2001, Steele conspired with co-conspirators Darian Williams, Ernest “Newt” Butler, and Andre Patterson to extort money from drug dealers through wrongful use of fear and under color of official right,” wrote U.S. District Court Judge Amy St. Eve. “At the time of the conspiracy, Williams was employed by the Police Department of Inkster, Michigan and held the rank of Detective Sergeant.” See: http://voiceofdetroit.net/wp-content/uploads/Daryl-Steele-et-al-inc-Darian-Williams-US-District-Court-opinion-and-order.pdf.

(VOD has contacted the Inkster Police Department for information on whether they terminated Williams after learning of his federal charges but has not received a response yet.)

Williams, with other Inkster detectives including Gregory Hill and Anthony Abdallah, fingered Degraffenried as the drive-by shooter who killed one man and wounded two others June 15, 1999 on Florence St. in Inkster.

WCCC Judge Tracy E. Green/LinkedIn

One of the two wounded men, Willie Wimberly, is expected to testify at an evidentiary hearing April 12 that Degraffenried was not the shooter and was not present during the shooting.  At issue is Degraffenried’s claim on appeal of  “ineffective assistance of counsel,” which cites his trial attorney’s “failure to investigate” matters such as Wimberley’s statements to Dets. Williams and Hill.

The hearing is set to take place in front of Wayne 3rd Circuit Judge Tracy E. Green, Courtroom #604, Friday, April 12 at 9 AM.

“On June 15, 1999, I was wounded, shot in the leg, in a shooting incident that happened on Florence Street in the City of Inkster,” Wimberly says in a sworn affidavit dated July 19, 2019.

“Another person, Raymond Williams was also wounded and Alondre Davis was killed by the gunfire. . . .I saw the person who fired the shot that injured me but I did not recognize his face. . . After I was released from the hospital, Detective Williams and Detective Greg Hill came to my house and interviewed me again. At that time they mentioned Michael Degraffenried and asked me if Degraffenried was the person who shot me. I told them Degraffrenried was not the person who shot me.”

(Top l to r) George Clark, Alphonso Clark Jr., Kevin Harrington; (bottom l to r) Marco and Vargas Johnson.

Wimberly says he knew Degraffenried from the neighborhood and would have recognized him.  Later in the affidavit, he says he testified at the preliminary exam with the same  statement, but was not called to testify at trial.

“If I had been called to testify at the trial I would have testified, as I did at the preliminary hearing, that I did not recognize the shooter and the shooter was not Degraffenried,” he said.

Wimberly also says that his cousin Broderick Ward, who identified Degraffenried at the exam, was not present during the shooting.

Detectives Hill and Abdallah were cited in the wrongful convictions of  George Clark and Kevin Harrington, exonerated in 2021. Wayne County Prosecutor Kym Worthy appealed Harrington’s case FOUR TIMES causing him to suffer through FOUR TRIALS before finally agreeing to his release.

Clark and Harrington are shown in the photo at right (top), with Alphonso Clark, Jr. whose case involved another Inkster officer, Anthony DelGreco.

Wayne Co. Prosecutor Kym Worthy

Wayne County Prosecutor Kym Worthy appealed Harrington’s case FOUR TIMES causing him to suffer through FOUR TRIALS before finally agreeing to his release.

Gregory Hill was also involved in the cases of Vargas and Marco Johnson, which were covered in the Voice of Detroit in 2021, with claims that he elicited false witness statements for trial. DelGreco has been involved in the cases of two other men who are appealing what they say are their wrongful convictions, jncluding Robin Emmanuel Hammock.

 

Robin Emanuel Hammock won a ruling from the Michigan Supreme Court validating a witness affidavit obtained from another MDOC prisoner at People v. Hammock, 946 N.W.2d 546 | Casetext Search + Citator.

Michigan Supreme Court Justice Megan Cavanagh

In that ruling, Michigan Supreme Court Justice MEGAN CAVANAGH wrote in part:

Justice MARKMAN expresses disbelief that Carter was selling marijuana at 2 a.m. when he was 13 years old, that Carter and defendant happened to be incarcerated together eight years later, and that Carter happened upon the Court of Appeals opinion affirming defendant’s conviction. In Justice MARKMAN’S view, this version of events “lacks an air of credibility ….”

“And yet, it is true that people in prison run into past acquaintances, that some people serving long prison sentences spend long hours in the law library falling down legal rabbit holes, and that some of those people were selling marijuana at 2 a.m. when they were 13 years old. These experiences are unlike my own, and though I cannot speak for him, they may also be unlike Justice MARKMAN ’s. But maybe for exactly that reason the judicial function in this matter is not to pass on the credibility of Carter’s story, but only to ask “whether a reasonable juror could find the testimony credible on retrial,” Johnson, 502 Mich. at 567, 918 N.W.2d 676 (emphasis altered).

Former MI Supreme Court Justice Stephen Markman

“Justice MARKMAN weighs these and other considerations and is left with “serious questions regarding Carter’s affidavit ….” Whether or not there are serious questions about Carter’s affidavit, Carter’s corroborated account raises serious questions about Pippen’s account, which sent defendant to prison. And an evidentiary hearing presents the opportunity to answer both sets of questions.”

The ruling in Hammock is now case law binding on all subordinate courts in Michigan, according to VOD’s legal analyst, and certainly applies to the affidavit of Willie Wimberly, who is being writted out from the MDOC for the April 12 hearing in front of Judge Green.

RELATED DOCUMENTS:

http://voiceofdetroit.net/wp-content/uploads/Daryl-Steele-et-al-inc-Darian-Williams-US-District-Court-opinion-and-order.pdf.

Kevin Harrington exoneration at  https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5727

George Clark exoneration at https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5728

Alphonso Clark, Jr. exoneration at https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=6597

RELATED:

MICH. LIFERS VARGAS & MARCO JOHNSON FIGHT 30-YR. FRAME-UP; CITE INKSTER COP FROM 2 EXONEREES’ CASE | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

WRONGLY CONVICTED, ALPHONSO CLARK JR. LOST MOM BEFORE RELEASE; PUBLISHES BOOK ON GRIEF IN PRISON | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

MICH. LIFER NOSAKHARE ONUMONU WON NEW TRIAL BEFORE JUDGE TRACY GREEN DEC. 2021, FIGHT GOES ON | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought⁤  See recent article on this case at Key case looms for nonprofit trying to reform system (freep.com)

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VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. In addition to quarterly web hosting charge. other expenses include P.O. box fee of $226.00/yr., costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

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VICTORY! JUDGE KIEFER COX DISMISSES CHARGES V. EWING, SEARCY, CITING DUE PROCESS VIOLATIONS

“For the reasons placed on the record, I hereby dismiss all charges.” Judge Kiefer Cox March 25, 2024

Judge Cox cites due process violations by police, prosecutors after failure to disclose evidence despite multiple “Brady” motions filed by Darrell Ewing 

Courtroom supporters cheer and cry; Dep. Sheriff issues only mild warning to take it outside the courtroom

WCPO says they “plan to appeal,” but does not remark specifically on ruling

By Diane Bukowski

March 25, 2024/updated March 29, 2024

DETROIT—In a stunning development today in the murder re-trial of Darrell Ewing and co-defendant Derrico Searcy, Wayne Co. 3rd Circuit Judge Kiefer Cox passionately dismissed all charges against the two.

He said the prosecution and Detroit police committed gross due process violations that made it impossible for him to conduct a fair re-trial on charges involving the 2004 murder of J.B. Watson.

Ewing walked out of the Wayne County Jail in downtown Detroit, into the arms of family and friends screaming and crying with joy. Ewing’s supporters helped him carry out boxes of legal documents kept in his jail cell.

“They just want to solve the crime to get it off the books, it’s not about getting it right,” Ewing told Mara McDonald of WDIV Channel 4 News. “This is how you get free. You have to have these—it’s all about case law. . .What I have to do now is get with the prosecutor’s office and try to usher in reforms about wrongful convictions, despite [their] rate in Detroit.”

Derrico Searcy has a case in a separate conviction pending, and remains in the Wayne County Jail.

Delmerey Morris

In that separate case, charges against Searcy’s co-defendant Delmerey Morris were vacated by WCCC Judge Miriam Bazzi March 27, subsequent to an evidentiary hearing, according to Morris’ attorney Michael Dezsi. He told  VOD that Morris’ case was overturned due to lies told by a prosecution witness. He said the ruling applied only to Morris at this time. VOD is following up with Dezsi for a story on that case.

Morris was serving a sentence of 35-50 years in that case, according to Michigan OTIS.

Darrell Ewing degree

“Regardless of what happened with Morris,” Searcy’s defense attorney Blase Kearney told VOD, “we believe Mr. Searcy is entitled to a re-sentencing on that case, because we believe the J.B. Watson murder in this case was factored into that original sentence.” He said a motion is to be filed shortly.

Ewing chose to represent himself during a year of pre-trial hearings. He studied law through 14 years of incarceration and earned a paralegal degree from the Blackstone Career Institute in the stark confines of the Jail.

Darrell Ewing (top center) embraces stand-by atty. Christopher Sinclair as he and Derrico Searcy (r) leave; other attys. shown are Blase Kearney (for Searcy), Adam Clements of Perkins Law Group (for Ewing) Insets: Searcy, Ewing embrace during ruling/VOD screenshots

Judge Cox cited dozens of hand-written motions Ewing filed since June of last year. Ewing argued that prosecutors routinely denied those motions, citing violations of Brady v. Maryland and related cases, which require the disclosure of evidence favorable to the defense.

“This Court’s not satisfied,” Judge Cox told Wayne County Assistant Prosecutor Brendan Sawyer during the hearing today. “I get a motion on Friday at 4:20 pm to adjourn the trial, [about] interrogation recordings with respect to Mr. Ewing and Mr. Searcy, evidence that for months since last June when Mr. Ewing first filed his motions to compel, requested and addressed and demanded.”

Darrell Ewing (l) Derrico Searcy (r)

“Mr. Ewing stated Williams said, ‘I know you didn’t commit this crime, but If you don’t tell me who did,  he would make Mr, Ewing go down for it,’” Judge Cox continued. “This was reported to have been around the time of his arrest. [At the hearing on] March 19, I pushed back a little bit, asking did you talk to Mr. Williams, did [current OIC Lisa Johnson] speak with Mr. Williams.” (See remainder of Judge Cox’s ruling in video, box above).

Judge Cox asked defense attorneys for any motions. Attorney Adam Clements of the Perkins Law group [representing Ewing]  joined by defense attorney Blasé Kearney of Neighborhood Legal Defenders, representing Searcy, moved to dismiss all charges.

Asst. Prosecutor Brendan Sawyer withdrew a motion asking for an adjournment, but said issues could still be addressed during a trial by by curative jury instructions and a missing evidence instruction, reasoning rejected by Judge Cox. Cox said the re-trial already had been postponed multiple times.

The Wayne Co. Prosecutor’s Office told WDIV Channel Four News that they will appeal Judge Cox’s ruling.

However, VOD’s legal consultant says, “Looking to the Judge’s reasoning for his ruling, that any instructions he would give could not restore the defendant’s right to a fair trial under the Due Process clause of the United States Constitution, any success on appeal is unlikely.”

Judge Cox noted that the defendants have been waiting for the re-trial since the overturn of their convictions in 2019. During an evidentiary hearing then,  WCCC Judge Michael Hathaway ordered a new trial after an evidentiary hearing.

AFTER THE VICTORY IN COURT (MORE PHOTOS TO COME):

Below, Larry Darnell Smith, exonerated of murder charges after 26 years in prison, addresses prayer circle after the hearing March 25.

Darrell Ewing/by LaSonya Dodson

VOD Field Editor Ricardo Ferrell (r) Darrell Ewing’s mother LaSonya Dodson display Ewing’s discharge papers March 25, 2026.

Larry Smith in Tshirt celebrating victory

 

 

 

 

 

 

 

 

 

Please DONATE TO VOD at:

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 Cash App at (313) 825-6126

Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

************************************************************************************See previous VOD article which includes all VOD stories from the past seven years on the Ewing/Searcy case at:

DARRELL EWING INVOKES RIGHT TO ATTY. FOR RE-TRIAL MARCH 25, CITES COX’S CRIPPLING ‘RULES OF THE ROAD’ | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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DARRELL EWING INVOKES RIGHT TO ATTY. FOR RE-TRIAL MARCH 25, CITES COX’S CRIPPLING ‘RULES OF THE ROAD’

2nd trial of Darrell Ewing, Derrico Searcy begins Monday, March 25, 8 am, Frank Murphy Hall, Gratiot at St. Aubin, Judge Kiefer Cox courtroom #602

Public encouraged to attend 

Ewing to be represented by attys. Christopher Sinclair & Adam G. Clements due to Cox’s trial restrictions; Searcy by attys. Blase Kearney & Glen Oh

Defense has moved to dismiss all charges. In limine motions will be addressed prior to jury selection March 25.

Cox will also address defense requests regarding jury voir dire, witnesses

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Darrell Ewing (l) and Derrico Searcy (r) during earlier pre-trial hearing.

By Diane Bukowski

March 23, 2024

DETROIT–During a pre-trial hearing March 19, Darrell Ewing invoked his right to counsel at his and co-defendant Derrico Searcy’s retrial, set to begin Monday, March 25 at 8:30 a.m.

Third Circuit Wayne County Judge Kiefer Cox had ordered crippling restrictions on the trial conduct, rights and privileges of defense and prosecution representatives, calling them his “rules of the road.”

“Due to the rulings that you [Cox] put in, I’m going to let my stand-by counsels be my voice at trial,” Ewing told Cox. “I’ll let these guys do what they do, so we can have a good trial, without any disruption or security risks. The trial has to be done in a proper and orderly fashion.”

He alleged that Cox’s restrictions targeted him as a pro se defendant, deriving from “security matters” about his approaching and impeaching witnesses, and other matters.

Attys. Christopher Sinclair and Adam G. Clements will now represent Ewing at trial March 25. They appeared in court March 19.

Also appearing to monitor proceedings were Searcy’s attorneys Blase Kearney and Glen Oh of Neighborhood Defense Services Detroit. They consulted with Ewing’s attorneys during breaks in the proceedings.

Ewing and Searcy are being re-tried for the Dec. 2004 murder of J.B. Watson on Detroit’s east side and other charges, after multiple state and federal courts overturned their convictions.

On March 19, Cox said the restrictions applied to both sides, but appeared to focus primarily on Ewing.

“With respect to any sort of disruptions in the court—previously there was floated information that there may be a disruption or there was a disruption in the past trial,” Cox said. “One warning outside the presence of the jury will be given. . . after that, the defendant will have the remainder of trial  [outside courtroom], be provided with a laptop, and [stand-by] counsel will be provided with opportunity to step into the back to consult with defendant.”

Ewing’s stand-by Counsel Sinclair earlier countered Cox’s claim about disruptions during a previous pre-trial hearing, noting that he had not witnessed any such problems. That involved murmurs from the audience, not any act by Ewing.

Judge Kiefer Cox at hearing March 19, 2024.

Cox ordered restrictions severely limiting witness selection and approach by the parties, confining attorneys to the podium for opening and closing statements and examination of witnesses.

“Just know that I’m going to need an offer of proof for any individual you want to call, if there was no involvement with facts and circumstances of the 2009 incident,” Cox said. “I can’t imagine they have anything relevant to say.”

Ewing has filed numerous motions citing violations of Brady v. Maryland (failure to disclose evidence favorable to the defense) before, during, and since his trial in 2010. Kearney, on behalf of Searcy, joined in many of those motions. They cite many post-trial occurrences, including a Mirandized confession to the murder of J.B. Watkins by Tyree Washington, given to a state trooper in 2017.

Defense attorney cross-examines witness at trial.

Cox said March 19 that he will address “in limine” motions from both sides before jury selection March 25.

Cox ruled that defense and prosecution representatives will be confined to the podium during their opening and closing statements, and during examination of witnesses. He said the Wayne Co. Sheriff’s deputy assigned to his court would give witnesses any documents needed during testimony.

He barred attorneys from conducting voir dire of prospective jurors, which he intends to do, including any issues submitted by attorneys.

Atty. Clements countered, “I have done voir dire during three trials held before you with no problem.”  Atty. Sinclair obtained an assurance from Judge Cox that he will address the matter again before jury selection.

During the hearing, Ewing clarified to the Court that there were two separate files on the case kept during and after the 2010 trial, one by the state, and one by the federal government, which was dealing with a separate case involving witnesses in the state case. Ewing said his defense had to go through a “Touhy” hearing with the U.S. to get various pieces of evidence in their possession.

Toward the hearing’s conclusion, Cox said, “I’m not satisfied with the responses I’m getting from the people. I would like the people to follow up specifically with not only the OIC (DPD Officer in Charge Lisa Johnson), but the federal contact they’ve been using . . .I’m asking the people to present an order in consultation with the stand-by counsel, for the court to sign today to the extent that there’s any documentation in the federal (file).” He said he will possibly hold an evidentiary hearing on the matter March 25.

He highlighted issues of concern to him including, alleged statements by Tyree Washington and William Beal on the J.B. Watson murder; recording of trial OIC DPD officer Theophilus Williams allegedly telling Ewing that he knew he wasn’t guilty, but that he would charge him with the murder anyway if he didn’t identify the real killer; and other recordings by Williams; the recording of a conversation between Beal and Ewing’s mother LaSonya Dodson.

Tyree Washington has confessed in multiple venues, including to a Michigan State Trooper which was videotaped, a video by private investigator Scott Lewis, and affidavits. He is currently serving a federal sentence at the Oklahoma City FTC, with a release date in 2068.

Previously in this case, Wayne Co. Criminal Court Chief Judge Pro Tem Donald Knapp denied Darrell Ewing’s motion to disqualify Judge Kiefer Cox due to his employment in the Wayne County Prosecutor’s Office for four years directly prior to his assuming the bench, and other matters.

Judge Kiefer Cox previously denied motions filed by Searcy’s defense attorneys objecting to the presentation of original trial witnesses including Raymond and Jendayi Love, and others related to the testimony of expert witnesses, after three days of “Daubert” hearings.

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Please DONATE TO VOD at:

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 Cash App at (313) 825-6126

Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

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RELATED:

JUDGE KIEFER COX DENIES DARRELL EWING’S MOTION TO DISQUALIFY FOR ACTUAL BIAS; APPEAL HEARING FEB. 23 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

DERRICO SEARCY JOINS DARRELL EWING MOTIONS TO DISMISS CASE, ET.AL.; EWING WINS V. WCJAIL CONDITIONS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

RUN-AWAY JUDGE? DARRELL EWING MOVES TO DISQUALIFY KIEFER COX, IN BLANKET DENIAL OF DEFENSE MOTIONS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

VOD WAS THERE DEC. 1 FOR DARRELL EWING HEARING; HELP KEEP US ON THE WEB–$460 FEE DUE DEC. 4 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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STOP THE GENOCIDE! FREE PALESTINE! REMEMBER AARON BUSHNELL! MASS MARCH IN DOWNTOWN DETROIT MAR. 2

 

Lawyers Guild Condemns Detention & Citation of Staff, Legal Observers, Protesters by DPD

March 3, 2024 

FOR IMMEDIATE RELEASE

Hundreds of protesters marched through downtown Detroit March 2 to honor Global Palestine Day. They took over Woodward Ave. in a militant, peaceful protest. Evidently the mainstream media refused to cover it.

 

From the National Lawyers Guild Detroit/Michigan Chapter

DETROIT — On the afternoon of March 2, 2024, two dedicated volunteers and a staff member from the National Lawyers Guild (NLG) Detroit & Michigan Chapter were unjustly detained and issued citations by officers of the Detroit Police Department while diligently performing their duties as Legal Observers (LOs) Concurrently, several protesters also experienced unwarranted detention and citation. These citations were given following a demonstration that was part of a Global Day of Action demanding an end to the genocide in Palestine.

Detroit March for Palestine March    3  2 2024

Said Lisa Carlson, the LO Coordinator for the chapter, who was one of the people detained:

“LOs were clearly targeted for citations at this action, which feels very much intended to have a chilling effect on our program and the movement for Palestine at large. Throughout the march, there was heavy police surveillance, yet no dispersal orders were issued. Police picked people off and gave blocking traffic citations when people were out of the street and trying to safely leave.”

Protesters targeted Israel and US Pres. Joe Biden for crime of genocide.

The NLG, Detroit & Michigan chapter, vehemently condemns the egregious targeting of peaceful demonstrators and the interference with and intimidation of our Legal Observers. We strongly denounce the use of the law as a tool against peaceful protesters and those tasked with safeguarding their rights. We stand in solidarity with all of those cited today, and demand that all charges against both our volunteers and staff and protesters attending the march be dropped.

They marched to support Aaron Bushnell,, the active-duty USAF member who immolated himself to protest the Gaza genocide.

Legal Observers, identified by their distinctive neon green hats prominently displaying “National Lawyers Guild” and “Legal Observer,” are well-known to the Detroit Police Department. Their primary role is to monitor police conduct during protests and offer a connection to legal assistance for any arrested protesters. These neutral observers, unaffiliated with the event organizers, attend hundreds of actions across the state each year without incident.

The right to peacefully protest the government, as well as to observe and document law enforcement activities, is well-established and fundamental for all individuals in this country. The actions of the Detroit Police Department in this instance serve not only to provoke peaceful protesters and discourage the exercise of free speech, but to intimidate our staff and volunteers who are protecting protester’s rights. We adamantly demand the immediate dismissal of these baseless charges against all involved.

Over 20 percent of Democratic voters in Michigan voted “Uncommitted” in the Dem. Primary Feb. 22

For media inquiries, please contact:

Sara Habbo, President
National Lawyers Guild, Detroit & Michigan Chapter
habbo.sara@gmail.com

About NLG, Detroit & Michigan Chapter:

The National Lawyers Guild, Detroit & Michigan Chapter, serves as the legal arm of social justice movements. Founded in 1937 as the first integrated bar association in the United States, NLG chapters nationwide fight against fascism, imperialism, and oppression by advocating for the legal rights of those most marginalized in our society and around the world.

RELATED: 

SAY NO TO GENOCIDE JOE! CEASE-FIRE NOW! VOTE UNCOMMITTED IN DEMOCRATIC PRIMARY FEB. 27, 2024 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

FREE PALESTINE! CEASE FIRE NOW! MASSIVE RALLY IN WASHINGTON, D.C. NOT SEEN ON MAINSTREAM MEDIA | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

MUSLIM LEADERS FROM MICHIGAN AND ACROSS THE U.S. #ABANDONBIDEN AS GAZA DEATH TOLL PASSES 11,000 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

U.S. CORPORATE WORLD HEGEMONY BEHIND ISRAELI GENOCIDE IN GAZA: 20,000 DEAD, 1/2 MILLION STARVING | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

U.S. REP. RASHIDA TLAIB HONORED AT DETROIT ‘SHABBAT’ AFTER ISRAEL RESTRICTS TRIP TO SEE GRANDMOTHER | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to the U.S. PRISON NATION/POLICE STATE, and the GENOCIDE taking place in Gaza, known as the world’s largest outdoor prison.  Funds are needed regularly to pay our quarterly web hosting fee of $460.00 and other expenses.                                            VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

Please DONATE TO VOD at:

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ALEXANDRE ANSARI’S $10M FALSE CONVICTION VERDICT: NO CHARGES V. DPD’S JIMENEZ, COPS IN OTHER CASES

$10 M FALSE CONVICTION PAY-OUT THE HIGHEST TO DATE INVOLVING CITY OF DETROIT; AT LEAST 17 OTHER CIVIL LAWSUITS PENDING

CO-DEFENDANT MOISES JIMENEZ, A FORMER DPD COP, ALSO KEY TO WRONGFUL CONVICTION OF KENNETH NIXON 

JIMENEZ NOT CRIMINALLY CHARGED IN EITHER CASE; NO CHARGES V. DPD COPS, PROSECUTORS INVOLVED IN DOZENS OF OTHER CASES

By Diane Bukowski

February 25, 2024

DETROIT — Alexandre Ansari won a $10 million jury verdict Feb. 9 for damages from his wrongful conviction, the highest amount paid out to an individual involving the City of Detroit to date.

He told ABC News he was so distressed at his life-without-parole sentence that he tried to kill himself shortly after he was incarcerated.

“I believe the jury came away with two things in this trial,” Ansari’s attorney Wolfgang Mueller told VOD. “That Alex Ansari was innocent . . .and that the defendant, Det. Moises Jimenez, was lying and was protecting a major Mexican drug cartel leader from going to prison by focusing on my client, whom he called  ‘a nobody,’ to protect Jimenez’s own family from harm if he tried to charge the cartel leader.”

Atty. Wolfgang Mueller also won $9.95M on behalf of exoneree Mubarez Ahmed.

“We are happy that the jury saw through Jimenez’s defenses and realized that he was not telling the truth about his misconduct.  The verdict reflects the harm he caused Mr. Ansari, not only in the past but for the long term as well.”

Jimenez also helped engineer the wrongful conviction of Kenneth Nixon in 2005.

He interviewed jail-house informant Stanley January after Wayne Co. Asst. Prosecutor Patrick Muscat asked police in the jail to interview the “cell-mates” of Nixon and his co-defendant to get information bolstering a weak case. Wayne County Prosecutor Kym Worthy overturned Nixon’s conviction in 2021, citing January’s false testimony.

Muscat

Ansari was falsely charged with the 2013 murder of Ileana Cuevas and the shooting of Cuevas’ sister Rosalind Barley and Miguel Figueroa. He was exonerated in 2019, after investigations by the federal Appellate Defenders Office and the Wayne Co. Conviction  Integrity Unit (CIU). He was also charged in the murder of  Figueroa’s brother in a separate incident later, also involving DPD’s Jimenez, but was acquitted by a jury.

The investigators found that Jimenez concealed evidence favorable to Ansari, including a witness statement describing a heavy-set 300-lb. man as the shooter, not Ansari, in keeping with testimony from other witnesses. Working closely with the U.S. Department of Justice, investigators obtained FBI reports that Jose Sandoval, an alleged drug dealer living in southwest Detroit, committed the shooting in retaliation for the theft of his drugs by Barley and Figueroa, along with Figueroa’s ex-girlfriend.

The complaint says Sandoval was present at the scene of the Cuevas murder and the subsequent murder of Figueroa’s brother “20 minutes before and after” according to the civil complaint in the case.  Investigators said Jimenez was aware of Sandoval’s  connections, but did not disclose them. See full complaint  at  http://voiceofdetroit.net/wp-content/uploads/Ansari_v_Jimenez_et_al__miedce-20-10719__0001.0-2-Complaint.pdf

Jimenez still has a lawsuit pending against CIU Attorney Carole Stanyar, the WCPO, and Detroit, alleging discrimination because he is Mexican. It is set for trial in 2025.

MI AG Dana Nessel, WCPO Kym Worthy

John Roach, chief of City of Detroit media relations, for comments regarding the role of the Detroit Law and Police Departments in the case, and whether DPD Officer Jimenez deliberately concealed the role of the alleged drug dealer in Ansari’s case. VOD also requested to know if criminal charges or disciplinary actions have been brought against Jimenez in the Ansari and Nixon cases.

In the Ansari case, charges against Jimenez were allegedly requested either by the CIU or the Detroit Police Department, with the Michigan Attorney General’s office refusing to file them for unknown reasons.

VOD also requested to know whether any other lawsuits are pending against him or other DPD officers involved in wrongful conviction cases. They include Ernest Wilson, Monica Childs, Ronald Sanders, David Pauch, Donald Stawiasz, Donald Hughes, Michael Russell, James Tolbert, Dale Collins, and Michael Parish, among others.

Roach has not responded to date.

    THESE DPD COPS HAVE COST DETROIT $45M+/MORE $$ PENDING

VOD has also filed a Freedom of Information Act request with the City for information on all City expenses in the cases of 61 Detroit residents exonerated since 1989, including lawsuit pay-outs and legal expenses for private attorneys.

Wayne County Prosecutor Kym Worthy provided the following statement on the verdict:

The WCPO and the City of Detroit disagree on whether trial prosecutor Ericka Tusar knew about Moises Jimenez’ role in the Ansari convictions. Ansari was tried in two connected cases, the murder of Ileana Cuevas and that of Miguel Figueroa’s brother, which took place later in a separate incident. He was exonerated in 2019 in the Ileana Cuevas case, and previously was acquitted of the murder of Figueroa’s brother by a jury.

The City argued that Jimenez disclosed his role in the two cases to the WCPO’s trial counsel Tusar, at least in between the two cases, implying Jimenez’ failure to disclose key evidence would have placed culpability for damages on the WCPO as well. However, case law holds the prosecutor responsible for a police agency’s failure to disclose exculpatory evidence, even if the prosecutor was not aware of the failure.

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DID WAYNE CO. APA MUSCAT SUBORN PERJURY IN CASE OF DETROITER KENNETH NIXON? HAS HE DONE IT BEFORE? | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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DOES KYM WORTHY WANT 54 MICH. JUVENILE LIFERS TO DIE IN PRISON, VIOLATING U.S. SUPREME COURT ORDERS? | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

DONATE NOW!! KEEP VOD STORIES UP!! ON MICHIGAN DOC & WAYNE CO. JAIL PRISONERS, AND MURDERS BY POLICE | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

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JUDGE KIEFER COX DENIES DARRELL EWING’S MOTION TO DISQUALIFY FOR ACTUAL BIAS; APPEAL HEARING FEB. 23

“IT’S ME VS. KIEFER COX, NOT ME VS. THE PEOPLE.” — Darrell Ewing on motion to disqualify Cox for “the appearance of impropriety, due process infringements, and actual  bias/prejudice,” including 4 yrs. with WCPO

“I had little if any interaction with Kym Worthy and Jon Wojtala . . . Kam Towns was not my supervisor.” —WCCC Judge Kiefer Cox

APPEAL HEARING FRI. DEC. 23, 9 AM–PRESIDING JUDGE DON KNAPP

2ND TRIAL FOR DARRELL EWING/DERRICO SEARCY SET FOR MARCH 25

By Diane Bukowski

Feb. 20, 2024

WCCC Presiding Judge Donald Knapp, elected to bench in 2021, previously Livonia’s city atty.

DETROIT — “It’s me vs. Kiefer Cox, not me vs. the people,” Darrell Ewing told Wayne 3rd Circuit Court Judge Kiefer Cox after the judge denied Ewing’s motion to disqualify him Feb. 9. “They [assistant prosecutors] haven’t said a peep in any hearing—it’s been you defending them and certain of their positions.”

In denying the motion. Cox said his four years with the prosecutor’s office before taking the bench did not create an “appearance of impropriety” or “actual bias,” citing case law. He announced that Ewing’s appeal of the motion to disqualify will take place in front of Presiding Criminal Court Judge Donald Knapp Friday, Feb. 23.

Knapp was elected to the bench in 2021, after serving as Livonia City Attorney while working for Fausone Bohn, LLP. Previously, he was a Livonia City Council member. He is a member of the Livonia Chamber of Commerce and Livonia Kiwanis. Judge Cox and family members are from Livonia, where his election campaign was headquartered.

Darrell Ewing (l) Derrico Searcy (r)

Ewing told VOD that regardless of the appeal’s outcome,  he is ready to take on a second trial,  He is representing himself.

Atty. Blase Kearney, who represents Searcy, joined many of Ewing’s pre-trial motions. Among other issues, he cited due process violations by Cox conducting separate pre-trial hearings for Searcy and Ewing. The trial is to proceed jointly.

Ewing and Searcy are being retried for the Dec. 2009 murder of J.B. Watson on Detroit’s east side, after multiple federal and state courts overturned their 2010 convictions due to jury misconduct. Another man, Tyree Washington, confessed to the murder to Michigan State Police in a Mirandized interview, multiple affidavits, and a videotaped interview with private investigator Scott Lewis.

Before Ewing’s Feb. 9 hearing, a Wayne Co. Deputy Sheriff warned observers for the first time, “There will not be any outbursts, there will not be any clapping, there will not be any noise in general. We’re going to have consequences if that happens, please be respectful to everyone in the courtroom.”

His motion cites “the appearance of impropriety, due process infringements, and actual  bias/prejudice.”

Ewing contends Cox’s four-year employment in the prosecutor’s office directly before he took the bench  in 2023 violates  MCR 2.003(e), which says a judge can be disqualified, if  “[he/she was partner of a party, atty. for a party, or member of a law firm representing the party within the preceding two years.” He contends Cox’s rulings on his motion have almost exclusively favored the prosecution’s written positions.

Darrell Ewing’s family: mother LaSonya Dodson (ctr) and father Ricky Ewing (2nd from r) Feb. 9, 2024.

Cox denied the motion to disqualify, citing various U.S. Supreme Court and state court rulings on disqualification motions.

“Actual bias is based on an objective, reasonable perception,” Cox said. “It is  not established by repeated rulings against the defendant.” He said he himself had not been involved in any prior adjudication involving Ewing.

He cited a state case involving Attorney Geoffrey Fieger, where disqualification was not allowed due to “offensive statements” Fieger had made against the court. He said, “All a party would have to do is call the judge a name; that’s judge shopping.”

He denied his previous WCPO employment created “actual bias” or “an appearance of impropriety.”

Under former Pres. Donald Trump, the USDOJ’s Operation Legend sent federal troops to major U.S. cities including Detroit, Chicago and Milwaukee in 2020 to stem protests against the police murder of George Floyd.

“I had little if any interaction with Kym Worthy and Jon Wojtala,” he said. “Regarding [Ewing’s trial prosecutor] Kam Towns, I recall her being in homicide and the non-fatal shootings and community prosecutions units. When I was there Kam Towns had already left the office. When she was there, she was not my supervisor.”

He said he “could not recall” if Towns was there during his involvement with Operation Legend. The WCPO says its Operation Legend unit “assists in the investigation and vertical prosecution of gangs/groups, drug trafficking, gun crimes and high impact offenders driving crime within the city of Detroit . . .collaboratively with the United States Attorney’s Office and our law enforcement partners.”

Tyree Washington (l) former AP Kam Towns (r). Towns is now with the Michigan AG’s office.

Under Towns in 2010 and during appeals in front of Wojtala, the prosecution contended the murder of J.B. Watson resulted from a feud between two rival gangs. Tyree Washington confessed to the murder in a Mirandized confession to a Michigan State Trooper in 2017, and in multiple affidavits and a video interview by private investigator Scott Lewis. He denied it had anything to do with a gang feud, saying he and Watson had a personal dispute over a woman.

Federal and state courts overturned the convictions of Ewing and Searcy due to the jury’s review of internet and Facebook information about gangs, prompted by the prosecution’s theory of the case.

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Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

Please DONATE TO VOD at:

https://www.gofundme.com/donate-to-vod

 Cash App at $MDianeBukowski (313) 825-6126

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FREE DEM BOYS! JAY LOVE SHOW WITH DIANE BUKOWSKI, ON DARRELL EWING/DERRICO SEARCY, FRI. FEB. 9 @8:30 PM

Please DONATE TO VOD at: https://www.gofundme.com/donate-to-vod Cash App at (313) 825-6126

ALSO FEATURING LASONYA DODSON,  MOTHER OF DARRELL EWING

Darrell Ewing and mother LaSonya Dodson.

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DERRICO SEARCY JOINS DARRELL EWING MOTIONS TO DISMISS CASE, ET.AL.; EWING WINS V. WCJAIL CONDITIONS | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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NEW: DPS COP SAW 2009 MURDER IN EWING, SEARCY CASE; JUDGE REMOVES DARRELL EWING’S CUFFS, DENIES BOND | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

WRONGLY CONVICTED DARRELL EWING, DERRICO SEARCY: JUSTICE SHACKLED, DELAYED 13 YRS. IN MDOC, WC JAIL | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

DID PROS. KYM WORTHY AND DPD SUPPRESS KILLER’S CONFESSION IN EWING/SEARCY CASE? HEARING DEC. 1 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

DID WAYNE CO. PROS. HIDE KILLER’S CONFESSION TO MSP IN EWING-SEARCY CASE, USE DPD TO STOP RETRIAL? | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

8 JUDGES SAID EWING, SEARCY DENIED ‘FAIR TRIAL’ IN 2010; KYM WORTHY: WE WILL PRESENT SAME CASE MAY 19, 2021 | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

https://voiceofdetroit.net/2019/10/27/darrell-ewing-derrico-searcy-win-new-trial-in-murder-case-after-nearly-two-decades/

JUROR IN 2010 EWING/SEARCY MURDER TRIAL: VERDICT TAINTED BY JURY’S “GANG-RELATED” INTERNET RESEARCH | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought

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https://voiceofdetroit.net/2017/11/27/fed-judge-strikes-down-darrell-ewing-conviction-due-to-jury-discussion-of-gang-social-media  

DARRELL EWING, DERRICO SEARCY IN DETROIT COURT APRIL 13, NEW TRIAL ORDERED BY 8 STATE, U.S. JUDGES | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought 

APPEALS CT. UPHOLDS NEW TRIAL ORDER IN ‘GANG’ SOCIAL MEDIA CONVICTIONS OF DARRELL EWING, DERRICO SEARCY | VOICE OF DETROIT: The city’s independent newspaper, unbossed and unbought 

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Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to our PRISON NATION and POLICE STATE. Funds are needed regularly to pay quarterly web hosting fee of $460.00 and other expenses. VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

Please DONATE TO VOD at:

https://www.gofundme.com/donate-to-vod

 Cash App at $MDianeBukowski (313) 825-6126

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SAY NO TO GENOCIDE JOE! CEASE-FIRE NOW! VOTE UNCOMMITTED IN DEMOCRATIC PRIMARY FEB. 27, 2024

 

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Voice of Detroit is a pro bono newspaper, now devoting itself entirely to stories related to the U.S. PRISON NATION/POLICE STATE, and the GENOCIDE taking place in Gaza, known as the world’s largest outdoor prison.  Funds are needed regularly to pay our quarterly web hosting fee of $460.00 and other expenses.                                            VOD will disappear from the web if fee not paid.

VOD’s editors and reporters, most of whom live on fixed incomes or are incarcerated, are not paid for their work. Ongoing costs include quarterly web charges of $460.00, P.O. box fee of $180/yr. and other costs including utility and internet bills, costs for research including court records and internet fees, office supplies, gas, etc.

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RAY GRAY, FREED AFTER 48 YRS. SERVED ON WRONGFUL CONVICTION, HOLDS ART EXHIBIT-RECEPTION FEB. 10, 2024

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DERRICO SEARCY JOINS DARRELL EWING MOTIONS TO DISMISS CASE, ET.AL.; EWING WINS V. WCJAIL CONDITIONS

Derrico Searcy, Darrell Ewing were co-defendants in case involving 2009 murder of J.B. Watson; convictions vacated by Fed, State Courts in 2019

Wayne Co. Pros. Kym Worthy is retrying them despite Mirandized confession by Tyree Washington, violations of Brady v. Maryland, alibi witnesses

Ewing representing himself; Searcy, Attorney Blase Kearney have joined multiple Ewing pro-se motions, one to dismiss due to 7 Brady violations

Next hearing on Ewing’s motion to disqualify WCCC Judge Kiefer Cox from case set for Friday, February 9 at 9 AM, Cox Courtroom 

“Daubert” hearing on Searcy’s identification motion Feb. 21, 22, 23;  trial set for March 25

Ewing wins ruling from U.S. District Court Judge Sean Cox Jan. 17, granting in part motion for preliminary injunction v. Wayne Co. Jail conditions

By Diane Bukowski

January 31, 2024

Judge Kiefer Cox at Derrico Searcy hearing Jan. 5, 2024

As Darrell Ewing’s motion to disqualify Wayne 3rd Circuit Court Judge Kiefer Cox was pending a Feb. 9 hearing, his co-defendant Derrico Searcy appeared at a pre-trial hearing Jan. 5 on motions filed by his attorney Blase Kearney.

They included an “Omnibus Pleading Joining Motions of Darrell Ewing.” The pleadings include Ewing’s motion to dismiss the charges due to Brady violations. In addition to joining the motions, Kearney expanded on several with additional legal arguments.

See full pleading at  http://voiceofdetroit.net/wp-content/uploads/Derrico-Searcy-Omnibus-Pleading-Joining-Motions-of-Darrell-Ewing.pdf

Ewing and Searcy are being re-tried for the murder of J.B. Watson in 2009, after multiple courts overturned their convictions, despite repeated confessions by Tyree Washington to the murder and other issues.

Chief U.S. District Court Judge Sean Cox

Meanwhile, motions filed by Ewing and other Wayne County Jail detainees in front of U.S. District Court Chief Judge Sean Cox, challenging conditions at the Wayne County Jail, where Ewing and Searcy have been held over two years pending their re-trial, have resulted in a partial victory.

On Jan. 21, Judge Cox (an uncle of Judge Kiefer Cox)  entered an injunction requiring jail administrators to “allow Ewing to engage in outdoor recreation for a two-hour session at least once per  month, and if resources allow . . . . Ewing to attend two two-hour sessions per month,” partially granting motions filed by Ewing and six others in the sweeping federal lawsuit. Cox upheld the following finding by Magistrate Judge Patricia Morris at:   http://voiceofdetroit.net/wp-content/uploads/Darrell-Ewing_et_al_v_Wayne_County_Sheriff__miedce-22-11453__0146.0-1-17-18-Grant-of-WCJ-motion-2.pdf

The 41-page finding in Judge Sean Cox’s court investigates the jail detainees’ claims seriously and in depth.

Attorneys who have knowledge in this area of law, after reviewing Searcy’s omnibus motion and the federal injunction issued in Ewing v. Wayne Co. Jail, have noted that Ewing’s pleadings are on all fours with case law, court rules, statutes and constitution.

During Searcy’s Jan. 5 hearing, Judge Kiefer Cox denied his “Omnibus Pleading Joining Motions of Darrell Ewing” as untimely, saying it should have been filed by Aug. 14, 2023, the general filing deadline for motions from both sides.

Kearney objected.

“It would be prejudice to Mr. Searcy’s constitutional rights to deny those constitutional motions as being untimely,” he said.

“In this case, there have been substantial complications by holding [Ewing and Searcy’s] hearings separately. The court is  severing the pre-trial proceedings but will join this case for trial. I did not receive service of Mr. Ewing’s motions. When I was made aware of them,  I filed the omnibus joinder.”

With regard to the two defendants’ motion to sever their trials, Judge Cox said he would rule on them in limine as the trial began. He said if “outbursts” at the trial occurred that were prejudicial to Searcy, he would deal with them himself, and referred to some of Ewing’s filings as “self-serving.”

Ewing’s standby Atty. Christopher Sinclair (r) as Ewing leaves hearing with 3 boxes of his legal files.

At Ewing’s hearing Dec. 1, his stand-by attorney Christopher Sinclair strongly objected to Judge Cox’s warning about “outbursts” in the courtroom, which referred to the audience, not Ewing. He noted he had heard NO such outbursts behind him.

“Mr. Ewing feels strongly that he is being railroaded and that he has been wrongfully convicted. . .” Atty. Kearney responded. “When the court says its not going to permit any outbursts of any kind, I could see it turning into a circus. If it’s case that Mr. Ewing is being restrained throughout the course of the trial, or something is happening, there is significant case law that specifically addresses this particular issue. I don’t’ want to be midway through a trial that we’ve been waiting a number of years for, for it to end in a mistrial. I don’t think Mr. Ewing’s statements . . . are self-serving. I don’t think there’s evidence of that.”

SEARCY JOINS EWING MOTION TO DISMISS CHARGES DUE TO BRADY

In his Omnibus motion, at no.9, Kearney said, “Regarding Mr. Ewing’s Motions to Compel and for In Camera Review; Motion to Dismiss Due to Brady, and Motion to Dismiss under MCR 6.201(J), Mr. Searcy joins these motions. . .Mr. Searcy believes the prior judge was incorrect in denying discovery of Brady information, denying an evidentiary hearing, and denying a hearing to evaluate discovery sanctions under MCR 6.201. . .The prosecution has never been required to answer any of the questions proposed by the defense in those pleadings.” See summary of Brady violations cited below in Ewing’s motion.

Summary of Darrell Ewing’s motion to dismiss charges due to Brady violations.

Joins Ewing’s Motion to Prohibit Shackling in the Courtroom.

Judge Cox granted Ewing’s motion to stop his shackling because he was representing himself and needed to access paperwork and other matters during hearings. But Searcy is still shackled. Ewing’s motion asks for an end to shackles in court for all detainees.

“People are entitled to the presumption of innocence, and treating them indistinguishably from convicted persons blurs the already fuzzy practical line between pre-trial detainee and convicted person,” Kearney wrote. “While the Supreme Court of the United States reversed the 9th Circuit en banc opinion in U.S. v Sanchez-Gomez . . .it did so on mootness and other procedural grounds. Sanchez-Gomez, cited by Mr. Ewing, is still strong persuasive authority.” See http://voiceofdetroit.net/wp-content/uploads/United-States-v.-Sanchez-Gomez-No.-13-50561-9th-Cir.-2017-__-Justia.pdf.

DPD Theopolis Williams testifies in 2012,  at pre- exam of Chauncey Owens, uncle of Aiyana Jones.

Motion to disclose records of DPD’s Theopolis Williams, Andrew Guntsviller.

Kearney also joined Ewing’s motion to disclose the previous disciplinary records of two Detroit police officers in the case, the Theopolis Williams (Officer in Charge) and Andrew Guntzviller. He said the legal authority cited by the prosecution (as well as Judge Cox when he denied the motion) referred to “privileged employment records” in civil cases.

“It is inapposite to a criminal case where the prosecution has a constitutional obligation to produce information in the police department’s possession that could impeach a police officer witness . . .U.S. v Gaskin states that it is an abuse of discretion for the court to deny discovery of a personnel file without conducting an in camera review.”

SEARCY MOTION TO EXCLUDE I.D.

Introduction to Forensic Science, 9/E. By Richard Saferstein. PRENTICE HALL. ©2007

Kearney and AP  Sawyer discussed arrangements for experts to testify at the upcoming Daubert hearings Feb. 21, 22, and 23, which Kearney has requested. Searcy’s motion to exclude identification testimony from the Love eyewitnesses is at: http://voiceofdetroit.net/wp-content/uploads/Derrico-Searcy-motion-to-exclude-id.pdf

(In Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), the U.S. Supreme Court required judges to assess the methodology and reasoning behind an expert’s opinions, rather than simply relying on the expert’s credentials or reputation, to curtail the admission of pseudoscientific or unreliable expert testimony. Daubert Standard | Wex | US Law | LII / Legal Information Institute (cornell.edu))

TYREE WASHINGTON CONFESSION

Regarding the prosecution’s review of Tyree Washington’s 2017 Mirandized confession to the murder of J.B. Watson, Kearney says in the Omnibus motion, “The versions of Tyree Washington’s confession during the 2010 trial w[ere] starkly different than the 2017 confession in ways that made it powerfully exculpatory and make PO Guntsviller’s statements claiming otherwise misleading at best, and mendacious at worst. . . The Court should reject this argument.”

Scott Lewis

Kearney and Sawyer also addressed how confessions of Tyree Washington to the murder of J.B. Watson, including a 2017 Mirandized and recorded statement given to the Michigan State Police would be addressed at trial, and whether Washington himself would be expected to testify.

AP Sawyer alleged that a detective met with Washington in the federal prison where he is housed in Aug. 2022 and has a three-minute transcript from the meeting with new findings. But a prosecutor’s reply to one of Ewing’s motions indicated such a meeting took place in Sept. 2022 and nothing new was obtained. Kearney said any such statement could not be offered for the truth of the matter against the Mirandized, recorded statement “against penal interest” from 2017. Washington also recorded an interview admitting to the crime with private investigator Scott Lewis in 2017.

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