To all whom it may concerns NEW CASE FACTS!!! Issues raised by:Eric Koselke in the Post –Conviction Relief (PCR) case of Leon Benson (Cause #49G02-9808-PC-134837)
Eric submitted Leon with a PCR draft in August 2013 with the following issues he plans to raise in the petition to the Indiana Court:
1.Ineffective Assistance of Trial Counsels (Timothy Miller) as follows:
a) Failure to properly prepare defense witness & private investigator, James Hendrix, to testify;
b) Failure to make an “offer of proof” after defense witness, James Hendrix, was denied to testify as to his crime scene analysis of the state’s witness viewpoints observing the crimes;
c) Failure to properly cross-examine state’s eyewitness, Christy Schmitt;
d) Failure to present exculpatory witnesses (Dakari Fulton, Timothy Gaither, etc.,) ;
e) Failure to present exculpatory 911 tapes (made by state’s eyewitness Christy Schmitt ) ;
f) Failure to object to the admission of state’s witness, Donald Brooks’ erroneous unsworn statement;
g) Failure to present exculpatory expert testimony:
1) Eyewitness expert
2) Latent fingerprint expert
h) Failure to object to erroneous final Jury instruction #11 ( the erroneously highlighted a witness’s testimony & confused jurors: “ A conviction may be sustained by the uncorrobored testimony of a single eyewitness, if you find that witness to be credible”).
There are the issues Eric Koselke (Leon’s attorney) is presenting the courts on Leon’s behalf .Only suggestions Leon made to Mr. Koselke was that he present a “Brady violation” issues (because prosecution withheld two pieces of evidence on Leon’s behalf : (1) Schmilt’s on scene recorded statement & (2) the 911 tapes of Schmitt’s call) & a “Newly Discovered of evidence” issue (“The vision & distance scientific analysis” by Dr.Geoffrey R. Loftus (2004) & “visualization ofLatent print technique” by Dr. John Bond (2008) became this science was discovered after trial, where trial counsel could have used it because it did not exist in 1998-99).
Meanwhile, the PCR petition is being filed in the Marion County Superior Court in Indianapolis, Indiana as you read this memo. We trust Koselke’s approach to this whole heartedly (plus you know Leon know the law & won’t allow no b/s). He can amend the PCR petition at any moment 7 add the additional issues if needed to be.
A word from Leon:” The PCR issues presented to me by Koselke are powerful. Several of the issues merit a new trial by themselves (c,d,e,f,i) & with them all combined should destroy my wrongful “murder” conviction by U.S. constitutional law. I respect Koselke’s decisions to present these issues because I directed him to them & he investigated them & found that they were valid. We’ll amend the PCR petition after it is filed, but I’m very confident in the law behind this appeal. In fact, I strongly suggest we prepare for a new trial by fundraising. I’m on my way to the house. Please continue your support & interest in my plight. Thank you all in advance. I look forward to meeting you in person as a free man soon. J
In addition, we will post the filed copy of the PCR petition when it is available. When court dates emerge we will appear to support Leon in numbers too many to count. For now, our agenda is to raise $£€ & gain publicity. Let’s keep things moving positively.
Remember: “Truth never dies…it is only rediscovered!”
Thanks for your time. God bless.
Sista of the struggle, Valerie Buford.