In the past everyone wanted me to give up pursuing my fight to go back in court for my freedom. God doesn't help those that give up. Picking up your cross means to me, to pursue your dreams, your goal. Imagine what life would have been if Jesus had given up, not allowing his suffering and death on the cross?
This evidence that was found, may not be enough. I'm still pushing all my issues that I have been challenging in the court. My #1 issue is my indictment.
I was charged with murder, armed robbery and rape. I was sentenced for all three, 20 years for rape, 20 years for armed robbery and death sentence for murder.
They say a gun was used. But I was never charged or indicted for a gun, nor possession of a fire arm during commission of a crime, nor aggravated assault. The essential element; I was not indicted on any of them, so my indictment is defective. It must be thrown out, meaning overturn my conviction and the state can not use the same evidence in trial and to re-indict me.
Georgia law says every essential element of the crime must be charged. A lesser included offense must be charged to support a greater crime charged which is not there.
Lawyers over here don't like nor don't want to challenge arrest warrants or indictments; most cases that be over turned were filed by inmates, not lawyers.
Georgia inmate asks for new DNA testing in decades-old case.
By KATE BRUMBACK - Associated Press - Tuesday, August 25, 2015
COLUMBUS, Ga. (AP) - A Georgia man who has spent nearly 40 years in prison for the rape and killing of a young German woman in her apartment has consistently maintained his innocence and is asking a judge to allow new DNA testing in the decades-old case.