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He missed his filing deadline; as a result the Federal Courts are banned from ruling on whether or not the Courts violated his rights.
Why Did He Miss The Filing Deadline?
During the time he was supposed to be filing his legal paperwork, the County of San Mateo (California) along with State Prison Personnel were trying to get him killed in prison; simply put, most of his mental/spiritual energy was spent on staying alive in Maximum Security Prisons.
Why Would They Do That?
LaMerle spoiled a gangster's murder plot to kill an adult witness, and to kidnap/kill the young daughter of another witness in order to prevent negative testimony against him. Prior to spoiling the plot which was concocted in the County Jail, LaMerle and others tried to reason with the plotters, to no avail; eventually the plot was within days of being acted on and LaMerle revealed it to authorities which gained him the label of “snitch”.
LaMerle was/is to be killed for saving the life of the man and child; upon revealing the plot he became a marked man.
But, Why Government Involvement in Trying to Kill a Witness?
LaMerle was a reluctant “snitch”; his conscience led him to stop the two murders. It was not until months later that he agreed to testify, and that was primarily because the level of danger to his life was so great that he needed the protection the government was offering. That testimony also took him from a life-sentence, to a l7 year, 8 month plea agreement, which would have resulted in him being released from prison in 2001.
After testifying in open court; LaMerle awoke months later to County/Government personnel placing one of the people he had testified against in his cell, slamming the door and laughing. Predictably that placement led to violence.
After testifying truthfully in one hearing, Officials placed a man named Stephon Williams (1994) in LaMerle's jail section, Stephon delivered threats, telling him that when they got to prison that he was dead and that he had better change his testimony. Stephon was eventually found to be in the wrong part of the jail and removed, that's when the deputies took over as follows:
- LaMerle was beaten by deputies in the cell.
- He was then dragged to an elevator, taken downstairs to an immensely cold observation room, and all of his clothes were removed by being cut away from his body until he was stark naked.
- During this entire time deputies were telling him that he was a “snitch”, that they were going to make sure his “snitch jacket” followed him to prison, that they would ensure that he would be killed in prison, that the District Attorney's Office was lying about being able to protect him, and that there was a “cop-side” and an “inmate-side”, and that he had better choose one. Most of the threats came during the time that he was stark naked; the beating occurred primarily prior to that.
LaMerle, insufferably afraid, recanted his testimony, stating that it had either been fed to him or he had made it up. This caused the District Attorney's office to investigate; they then uncovered the aforementioned abuses and much more. He eventually recanted the recantation and explained to the court and jury that he was terrified, did not know who to believe, and he listed some of the duress he had endured up to that point.
Whether to save his case or simply because it was the moral thing to do, when responding to a motion to ban LaMerle's testimony due to perjury, Prosecutor Charles Smith stated:
"And, (as to the argument) that it should be stricken as being completely unreliable regarding LaMerle Johnson. Your Honor, you heard his testimony: The first version, the second and the third.
And what is clear is that the system failed him ultimately, because I'm responsible for any witness safety ultimately. And, the fault is mine; not his."
Prosecutors lost the case, they then filed a motion to take LaMerle’s plea agreement…because he perjured himself. LaMerle was given new counsel, Edward Pomeroy. Pomeroy advised LaMerle not to contest the motion, ensuring him that he would fight for his safety and a reasonable sentence in prison.
LaMerle later learned that Edward was the former lawyer for one of the codefendants he had testified against, the one whom he awoke to being placed in his cell. Pomeroy had withdrew from representing the codefendant because he became a potential witness for him; meaning, that if Pomeroy had salvaged LaMerle’s plea, LaMerle would have been testifying against the codefendant, and Edward would have been testifying for him. LaMerle complained to the Court about this conflict and the court made him keep Edward as counsel. He went to trial on his case, lost, and was given Life + 11 years for the kidnap/ransom of Ellis Foots, a convicted drug dealer.
- San Mateo County did not officially inform prison officials of any danger to LaMerle’s life.
- LaMerle was placed with enemies at the very first 2 prisons he was sent to. Eventually, he was stabbed/sliced by Stephon Williams and other's during a failed attempt to kill him, this occurred at the infamous Corcoran State Prison, during the time the prison was under investigation for setting inmates up for gladiator-fights and to be killed.
- In 1994, Stephon Williams is the inmate County Jail Deputies placed in his jail section to threaten him; there were 30+ adult male prisons in the California prison system to keep LaMerle and Stephon apart. Somehow they ended up on the same prison yard so that the threats could come true.
- The attempt on his life was made in 1998.
- There have been other close encounters, but LaMerle has stayed alive.
But, why? No State or Federal investigation has ever taken place to answer that question. During oral arguments before the Ninth Circuit Court of Appeals, Justice Hawkins asked the State Attorney about whether or not an investigation had taken place. She admitted that a County level investigation in 1994 had confirmed some of the abuses alleged by LaMerle but stated that it is not a government policy to investigate claims that are barred from Federal Courts to consider.
Why Change The Law (AEDPA)?
Although LaMerle conceded that he should have come to prison for his wrongs, the government should not be able to hide behind a law like AEDPA to avoid addressing unconstitutional, outrageous conduct. Yes, the guilty should be punished, but not in a way that defies logic and common decency.
Tens of thousands of incarcerated people have been adversely affected by the AEDPA law, it has basically turned into an “anything-goes” clause for State Governments as long as the inmate does not file his/her paperwork on time. Some inmates do not write or speak English, some inmates can not even read, let alone grasp the intricacies of law (which it takes those who practice law years to master).
In LaMerle’s case he was literally trying to stay alive. Under those conditions how many could reasonably be expected to be attentive to properly filing legal papers when government officials are co-conspiring to have you killed?
Miscarriage of Justice
If you're not a lawyer or work in the legal field, legal documents can sound like Greek. Simply stated, there was a "failure in the administration of justice". On a humanitarian level, this needs to be fixed.
Many courts have misinterpreted the law to mean that for a miscarriage to occur, someone must be actually innocent. This is substantial because if the Court accepts that a miscarriage has occurred (despite innocence/guilt), then that is an exception to the filing deadline and will allow people like LaMerle and other's to be heard.
Nonetheless, courts have rejected the argument. In essence, there is a strong possibility that LaMerle will die in prison, albeit from the successful execution of an attack on his life, or from old-age. His original discharge date would have been in 2001 (over 9 years ago).
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