August 12, 2011

Your Honor,

During the trial, I told the jury the same truth I told the investigators on Nov.23, 2006. But the prosecutor purposely misled the jury concerning my account of the events that took place on Nov. 23, 2006. She literally put words of her own choosing in my mouth before the jury, claiming I said things I did not. She did so in order to support her preferred version of events; the version she needed to unjustly convict my brother and me.

Specifically, she claimed that I explicitly told the investigators that Regbe opened the door and she stood by the front door. However, her claim is groundless and pure fabrication because I did not tell the investigators that Regbe opened the door and she stood by the front door. What I told them is exactly what I told the jury which is that Regbe opened the door and she sat there in the living room.

The prosecutor falsely accused me of giving inconsistent statements in order to mislead the jury to disregard my truthful account of what actually happened so that they would believe her deceptive statement. There is no doubt that she misled the jury to believe that Regbe did not open the door for me by means of criminal deception and perjury. Click here.

When I strenuously objected to the prosecutor’s inaccurate portrayal of my testimony as inconsistent, she not only failed to recant or excuse her lies as mistakes, but she obstinately held to her deceptive claims. Even worse, she persuaded the lead investigator in this case, Sgt. Morris, to testify falsely under oath in order to support her lies.

During his direct and redirect examination by the prosecutor, Sgt. Morris deliberately testified falsely under oath that I told him Regbe opened the door and she stood there. Click here. This is an unmistakable lie as it is clear that I said she opened the door and she “sit there”, as I pointed to where she sat down in the living room after opening the door for me. (Please click here to listen to the audiotape.) Hearing is believing, so it’s obvious that the prosecutor committed subornation of perjury, and Sgt. Morris committed perjury.

The tape and the facts don’t lie, unlike the prosecutor and lead investigator who not only lied, but did so before a jury. Evidently they were prepared to undertake whatever means were necessary to win their case against my brother and me. Because they could not win their case based on the facts, they deliberately changed the "facts" to suit their needs. Thus, they are guilty not only of wrongly and unjustly convicting my brother and me, but they are guilty of undermining the credibility of our judicial system. Their inappropriate and criminal behavior has resulted in a travesty of justice. Justice should not be thwarted because of the career aspirations of unethical prosecutor and law enforcement officials such as Sgt. Morris and Inspector Beal.

Your Honor, given the egregious criminal misconduct of the prosecutor and law enforcement officials witnesses, I respectfully request that an evidentiary hearing be held, and that the prosecutor, Sgt. Morris and Inspector Beal be ordered to testify at that hearing. There is no question or doubt that one of the reasons my brother and I have been wrongly convicted is because of Sgt. Morris and Inspector Beal’s perjured testimony.

Sincerely,                                                            Asmerom T. Gebreselassie


P.S. Perjury is committed when a witness deliberately testified falsely under oath.

Your Honor, the evidence tells you unequivocally that the prosecutor committed subornation of perjury, and her key witnesses Angesom, Sgt. Morris and Inspector Beal committed perjury relevant to the case. As we all know, when law enforcement officials such as the prosecutor, Sgt. Morris and Inspector Beal violate the law, they are not only undermining the credibility of our judicial system, but they are an insult to it as well. Thus, the integrity of our judicial system demands that the prosecutor, Sgt. Morris and Inspector Beal be investigated for their inappropriate and criminal behavior.

Cc:   
Commission on Judicial Performance
The State Bar of California
Nancy O’Malley, District Attorney of Alameda County
ACLU
NBC
San Francisco Chronicle