WHAT HAPPENED TO INNOCENT UNTIL PROVEN GUILTY

by jfdye33 | June 15, 2007 at 04:09 pm | 1055 views | 7 comments | 2 recommendations

I AM NOT ASKING FOR SYMPATHY!! ALL THAT I AM ASKING FOR IS TO STATE MY SIDE OF THIS CASE.
MY NAME IS ONIS M. KELLEY CURRENTLY IN JcJ/cF PINE BLUFF UNIT Bks2 . I HAVE ALREADY DONE 7yrs OF A 10yr SENTENCE , SO YOU SEE I HAVE ALREADY DONE THE TIME. I AM UP FOR PAROLE JULY 17, 2007 , BUT THEY WILL PROBALLY DENIE MY RELEASE, BECAUSE THEY WANT ME TO GO THROUGH RSVP PROGRAM, AND SIGN A FORM TO ADMIT THAT I DONE THE CRIME, I CAN'T ADMIT TO SOMETHING THAT I DID'NT DO. DON'T GET ME WRONG, I AM NOT KNOCKING THE LAW, WITHOUT THE LAW SYSTEM JUST IMAGINE WHAT KIND OF WORLD WOULD WE LIVE IN. OUR LAW MAKES MISTAKES. DNA IS 99.9% ACCURATE , WITH EXPERTS IN THAT FIELD WILL TELL YOU THAT IF A RAPE HAS ACCURED THERE WOULD BE DNA EVIDENCE TO PROVE THAT A CRIME HAS BEEN COMMITTED. THEY STATED IN MY CASE , THE LAW USES DNA TO PROSECUTE PEOPLE FOR CRIME. THEY REFUSED TO USE THE DNA TO FREE ME, THE RAPE KIT AND TEST PROVED THAT NOTHING HAPPENED, JUST AS I HAD TOLD THEM . THESE ARE EXPERTS IN DNA, AND DOCTORS THAT RAN THESE TEST, AND READ THE RESULTS, NOTHING FOUND.

MY CONSTITUTIONAL RIGHTS WERE VIOLATED , AMMENDMENTS 14, 6 OF THE BILL OF RIGHTS IN OUR CONSTITUTION. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.THIS IS JUST ONE OF MY RIGHTS THAT WAS VIOLATED.

I WAS PICKED UP ON AUGUST 22, 1999 IN MONTICELLO , AR FOR THE CRIME OF RAPE, THEY ASKED ME WHY THIS GIRL WOULD STATE THIS IF IT DID'NT HAPPEN, MY STATEMENT WAS I DON'T KNOW, MAYBE SHE WAS MAD, OR EVEN PAID TO LIE, I JUST DON'T KNOW. MY QUESTION WAS ( WHY DO KIDS TAKE GUN'S TO SCHOOL AND KILL OTHER KIDS, OR PEOPLE BLOW UP TALL BUILDING'S), MY POINT IS , IF I COULD ANSWER THE WORLDS WHY'S , " I WOULD BE A VERY SMART MAN ". ANYWAY,

SHE STATED THAT THIS SO CALLED RAPE WAS SUPPOSE TO HAVE TAKEN PLACE IN MONROE , LA , SHE THEN CHANGED IT TO BASTROP , LA AND THEN FINALLY TO ARKANSAS , DO YOU SEE THE WAY THINGS BEGAN!!! SHE WAS MOST LIKELY DRUNK.

POLICE SGT. MIKE WHITE OF MOREHOUSE PARISH ( BASTROP , LA ) CAME TO MONTICELLO , AR TO PICK ME UP. I WAS ARRESTED BY HIM ( SGT. MIKE WHITE ) IN MONTICELLO , AR ( BY HIS OWN ADMISSION IN THE COURT TRANSCRIPT ). THIS IS A VIOLATION OF MY CONSTITUTIONAL RIGHTS. ( I WAS ARRESTED BY A LOUISANA POLICE OFFICER IN ARKANSAS ). I COOPERATED WITH THE POLICE, TELLING THEM EVERYTHING THAT I KNEW ABOUT THE DAY IN QUESTION. I SIGNED AN AFFIDAVIT TO GO TO ARKANSAS WHEN THEY ASKED , BECAUSE I WANTED TO GET THIS MATTER CLEARED UP. I AM THE ONE THAT ASKED FOR A DNA TEST TO PROVE MY INNOCENCE.
ALSO, ON AUGUST 22, 1999 THERE WAS A RAPE KIT TEST DONE ON THIS GIRL, ( MOREHOUSE MEMORIAL HOSPITAL ) IN BASTROP , LA 4 TO 8 HOURS AFTER SHE CLAIMED THIS RAPE HAD OCCURED. A CERTIFIED DOCTOR ASKED HER QUESTIONS, AND DONE THE RAPE KIT. ( EXPERT MIND YOU ) NOTHING WAS FOUND ON THIS TEST TO INDICATE A RAPE HAD OCCURED , NO BRUISES, ABRAISIONS, OR FORCED ENTRY. ANOTHER DOCTOR ( EXPERT ) READ THIS TEST AND TESTIFIED TO THE SAME THING (NOTHING FOUND). REMEMBER NOW, I TOLD THEM THE RESULTS BEFORE THE TEST WAS TAKEN.
THEY TRANSFERED ME TO (ASHLEY COUNTY) HAMBURG , AR . Sgt. WHITE FOOLED AROUND WITH THE RAPE KIT TEST, AND THEN SENT IT TO THE CRIME LAB. HE WENT BACK AND GOT IT WHEN THEY TRANSFERED ME TO ( ASHLEY COUNTY ) , AND THEN FOOLED WITH IT SOMEMORE, AND THEN GAVE IT TO JOHNNY OLIVER ( ASHLEY COUNTY DEPUTY) . THIS IS A CLEAR CASE OF TAMPERING WITH THE EVIDENCE.

FEBUARY 10-11, 2000 A KANGAROO COURT WAS HELD , THE PROSECUTOR ( DAVID CHAMBERS ) STOOD UP IN FRONT OF THE JURY AND MY SO CALLED ATTORNEY ( DAVID HARROD ) AND STATED THAT HIMSELF AND THE JURORS HAD ALL BEEN FRIENDS FOR ALONG TIME, AND THAT THIS GIRLS WORD ALONE WOULD BE SUFFICIENT ENOUGH TO GET A GUILTY VERDICT FROM THE JURY. NOW COME ON NOTHING THIS GIRL HAS SAID WAS BACKED UP , THE RAPE KIT PROVED THAT NOTHING HAPPENED, EXPERTS TESTIFIED TO THAT FACT. HOW IS ANYONE'S WORD BETTER THAN EXPERT TESTIMONY , EVEN SO, I HAVE DONE 7 YEARS ON A 10 YEAR SENTENCE BECAUSE THE PROSECUTOR WAS FRIENDS WITH THE JURORS, AND A GIRLS WORD TAKEN , ( POSSIBLY DRUNK ) WAS BETTER THAN THE EXPERTS TESTIMONY.
DURING THIS KANGAROO COURT TRIAL, I ASKED MY STATE APPOINTED ATTORNEY ABOUT MY WITNESSES TO THE TIME IT TAKES TO DRIVE FROM BASTROP , LA TO MONTICELLO , AR, THERE WERE WITNESSES TO THE TIME WE LEFT AND TO THE TIME THAT WE ARRIVED ( HER STATEMENT WAS THAT SHE WAS RAPED 4 TIMES WITHIN AN HOUR, ON A GRAVEL ROAD, GET REAL , IT WOULD TAKE SUPERMAN TO GO THAT MUCH.( IM NO SUPERMAN ). IT IS EXACTLY 76 MILES FROM THE OLD SPORTSMANS LOUNGE IN BASTROP, LA TO THE Jr. FOOD MART IN MONTICELLO , AR . THE PLACE CLOSED AT 4 AM , WE ALL STOPPED 2 TIMES BEFORE LEAVEING BASTROP , LA . WE ACTUALLY LEFT BASTROP , LA AROUND 4:20 - 4:30 AM AND WAS IN MONTICELLO , AR AT 6:00 AM . HOW LONG DOES IT TAKE TO DRIVE 76 MILES??

(DAVID HARROD) MY STATE APPOINTED ATTORNEY SAID THAT WE DIDN'T NEED THESE WITNESSES FOR THE TIME IT TOOK TO MAKE THE TRIP FROM BASTROP , LA TO MONTICELLO , AR ( BECAUSE THE DNA ALONG WITH THE RAPE KIT WOULD CLEAR ME). THE LAST DAY OF THIS SO CALLED COURT (FEBUARY 11, 2000) WHEN THE JUDGE ORDERED THE JURY TO THE JURY ROOM, HE EXPLAINED TO THEM ( DON GLOVER) THEY WERE NOT TO COME OUT OF THAT ROOM UNTIL THE BAILIFF CAME FOR THEM, SOME OF THEM DID'NT LISTEN . THEY WERE SEEN BY MYSELF AND MY SO CALLED ATTORNEY AND THE BAILIFF ( TED RIALS) , AND IF THE PROSECUTOR (DAVID CAMBERS) WOULD ADMIT IT, HE SEEN THEM TOO!!! THERE WERE SEVERAL CAUGHT OUTSIDE SMOKING, AND DISCUSSING THEIR DECISSION. THIS WAS GROUNDS FOR AN IMMEDIATE MISTRIAL. AGAIN, MY CONSTITUTIONAL RIGHTS WERE VIOLATED. EVERYONE IGNORED AND SAID THAT IT DID'NT MATTER. HOW IS IT THAT MY RIGHTS DON'T MATTER , BUT EVERYONE ELSE'S DOES.
( DAVID HARROD ) SAID THAT HE WOULD FILE FOR AN APPEAL, ( I WOULD LIKE TO KNOW WHAT WAS THE GROUNDS FOR THE APPEAL). PROBABLY NOTHING TO DO WITH THIS CASE!!!

I (ONIS M. KELLEY) HAVE FOUGHT THIS CASE FOR THE PAST 7 YEARS TO THE BEST OF MY ABILITY. I HAVE A FRIEND THAT HAS HELPED ME GET TO THE SUPREME COURT, WHICH THEY ( REVERSED AND REMANDED ) MY CASE BACK TO THE LOWER COURTS, ( SO THEY KNEW THAT THE LOWER COURTS WERE WRONG ) , OR THEY WOULD'NT HAVE DONE THAT. THE LOWER COURTS DENIED MY BRIEF, SO MY FRIEND AND I CARRIED IT BACK TO THE SUPREME COURT, IN WHICH THEY DENIED IT THEMSELVES THIS TIME. WE THEN DONE A WRIT OF " HABEAS CORPUS" FOR THE FERERAL COURTS, THE ATTORNEY GENERAL QUOTED " THAT IT DOES'NT MATTER ABOUT THE EVIDENCE OR THAT IM INNOCENT OR NOT, THEY CLAIM THE BRIEF WAS'NT DONE IN A TIMELY MANNER". SOMETHING WAS SAID ABOUT "RULE 37" , I DIDN'T COMPLETE THE 9TH GRADE IN SCHOOL , BUT PEOPLE IN MY POSSITION ARE SUPPOSE TO KNOW WHAT THE LAW READS . THE FEDERAL JUDGE WENT ALONG WITH WHAT THE ATTORNEY GENERAL SAID, AND NOT THE ACTUAL INNOCENCE OF THE CASE. HE ALSO STATED THAT IGNORANCE OF THE LAW DIDN'T MATTER, LIKE I HAVE SAID , I DID'NT COMPLETE THE 9TH GRADE, AND NEVER SEEN A LAW BOOK UNTIL I WAS RAILROADED INTO PRISON. ALSO, STATE APPOINTED LAWYERS DON'T TELL ANYONE ABOUT THINGS LIKE ( RULE 37 ), OR ANY OTHER BRIEF , BUT THEY EXPECT EVERYONE TO KNOW THESE THINGS. THIS IS JUST ANOTHER WAY FOR THEM TO RAILROAD THE LITTLE MAN.

MY CASE ALONE , PROVEN FACT . THE LAWYERS, AND THE JUDGES OF THE STATE OF ARKANSAS DON'T CARE ABOUT JUSTICE , OR INNOCENCE AS LONG AS THEY GET THEIR CONVICTION. FROM THE WAY IT LOOKS THE GOVERNMENT TOO!!

MY NAME IS RUINED NOW!!! HELL, MY WHOLE LIFE HAS BEEN RUINED . SO I DON'T HAVE ANYTHING TO LOOSE BY STATEING THE TRUTH !!! MAYBE , SOMEONE CAN LOOK AT MY CASE AND SEE THE WAY THAT THE STATE OF ARKANSAS HAS DONE ME, AND BENEFIT FROM IT. IF ARKANSAS WOULD COME OUT OF THE 1960'S AND MOVE INTO MODERN TIMES, MAYBE THE JAILS AND THE PRISONS WOULD'NT BE OVER CROWED.
EVERYTHING IS IN BLACK AND WHITE , DON'T TAKE MY WORD FOR IT , SEE IT FOR YOURSELF, ( PURE FACT ). IF ARKANSAS OR ASHLEY COUNTY WILL LET YOU SEE THE DOCUMENTS, BUT THEY PROBABLY WON'T , BECAUSE THEY ARE ASSHAMED OF THE SYSTEM THAT THEY WORK FOR, EVEN SO YOU HAVE MY PERMESSION!!!!!!

AS FOR INEFFECTIVE COUNCEL, MAKING MISTAKES COST PEOPLE THEIR FREEDOM, THE LAWYERS TURN THEIR HEADS, OR JUST DON'T DO AS THEY ARE SUPPOSE TO FOR THEIR CLIENTS , THE SUPREME COURT SAY'S IT'S JUST A MISTAKE. LAWYERS ARE SUPPOSE TO BE PROFESSIONALS, WHEN THEY MAKE MISTAKES , THAT IS HOW AN INNOCENT MAN GETS 10, 20 TO LIFE, FOR A CRIME HE DID'NT COMMIT.

HUMAN LIFE IS NOTHING TO PLAY WITH, WE ALL HAVE RIGHTS AND MINE HAS BEEN VIOLATED , I WANT THE WHOLE WORLD TO KNOW .

PROSECUTING ATTORNEY ( DAVID CHAMBERS ) WAS MY ATTORNEY IN 1990-91 FOR A LAWSUIT AGAINST GEORGIA PACIFIC CORP. , HE SOLD ME OUT TO THEM , AND I CONFRONTED HIM BACK THEN, AND HE GOT ALL UPSET. 1999 -2000 I TOLD MY STATE APPOINTED ATTORNEY , HE SAID THAT IT DID'NT MATTER. ( I GUESS HE GOT HIS REVENGE FOR ME CONFRONTING HIM ABOUT SELLING ME OUT).

IT IS MY FEELING THAT THE LAW SYSTEM OF ARKANSAS HAS DONE ME WRONG, AND IT IS FACT. THE FEDERAL LAW IS IN IT TO, THEY DENIED MY BRIEF, BECAUSE OF ( RULE 37) , SOMETHING THAT I DIDN'T KNOW ABOUT, AND BECAUSE THE BRIEF WAS'NT PRESENTED IN A TIMELY MANNER, AND IGNORANCE OF THE LAW IS NO EXCUSE. GET REAL WE ARE NOT ALL LAWYERS, MOST LIKE MYSELF DIDN'T EVEN PASS THE 9TH GRADE.

THANK YOU

ONIS M. KELLEY

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Actual News Geezer

at 16:18 on June 15th, 2007

Readers, please have a look at this: it's the denial of his application to quash his conviction:

It is clear from the record that identity was not an issue at trial, and appellant failed to make a prima facie casefor relief under Act 1780. At trial, the victim testified that she had gone to a nightclub in Louisiana with a group of people that included appellant. The group was traveling in two separate cars, and during the drive back, after some individuals changed to a different car, the victim was alone in the car driven by appellant. Appellant turned the car onto a different route than the car they had been following, and stopped the car on a gravel road where the victim testified the rape took place. At trial, appellant did not contest the victim's story as to appellant's presence in the group and that he was eventually alone in the car with the victim, or that they stopped on the gravel road. His defense was that no intercourse occurred as the victim had testified. Appellant did not contest identity as an issue, therefore his petition did not present a claim under which relief could be granted pursuant to Act 1780.

The court turned him down. Are there any NP members who may want to look into this further?

rea_music

flagged this story as Good Stuff

at 17:42 on June 15th, 2007

jfdye33, I like this story. It's good stuff. You have my support.

jbhannah

at 23:02 on June 15th, 2007

Any more court records, police reports, state attorney general documents, anything else that can be found on this?

Google search for the exact name turns up ten Arkansas state court documents dated from 2004 to 2006; the one quoted above is from 27 April 2006. I'll work my way through them and see if I can't piece together a better picture of this man's appeal process; anyone else who wants to can do the same, or who can turn up any more anything on this--feel free to contact me with what you find.

jbhannah

at 23:04 on June 15th, 2007

Stupid interwebs. Sorry for the double-post. :P

jfdye33

at 04:42 on June 16th, 2007

THANK YOU FOR YOUR SUPPORT IN THIS CASE, I AM ONIS'S NEPHEW. HE IS TRUELY AN INNOCENT MAN. IT IS A SHAME THAT HE HAS SPENT ALL THESE YEARS BEHIND BARS AND WAS'NT ALLOWED A FAIR TRIAL. THE WORD'S IN THIS POST IS HIS OWN. I ONLY PUT THEM OUT THERE FOR EVERYONE TO KNOW HOW HE HAS BEEN DONE IN THE ARKANSAS SYSTEM. THANK EACH OF YOU FROM THE BOTTOM OF MY HEART , YOU HAVE NO IDEA HOW MUCH IT MEANS TO ME AN MY FAMILY TO KNOW THAT SOMEONE ELSE FEELS AS STRONG ABOUT THINGS AS WE DO. WE APPRECIATE WHAT EVER ANYONE CAN DO TO HELP ONIS M. KELLEY.

THANK YOU VERY MUCH.

jfdye33

anner

at 18:43 on June 19th, 2007

I also want to thank everyone for there support.. I am his niece. We all love him very much and feel like we have been done dirty by the State of Arkansas on more than this... We also have a cousin that was killed in the Ashley county jail by one of the jailors.. How horrible is that. He was mentally dissabled and they beat him and sprayed him with cold water and just left him there... From what I've heard.. justice was somewhat served but, He is still dead... This place is no place to get into any trouble... I can tell ya that... I think they all are a bunch of mickey mouse losers.... Sorry so blunt but, that's just the way i am.... But, again.. Thank you John for fighting for our uncle and thank you fine folks for looking in to this matter.. His kids and grandkids will be truely grateful to you.... God bless you all...

mkelley226

at 09:23 on June 21st, 2007

Thanks to all who have read this . I am Onis M Kelleys oldest son . Anyone that might be able to help with this would be greatly apreciated . Sevin yrs my dad has been paying for a crime he didn't commit , convicted because she said he did , regardless of dna evidence showeing that nothing had happend . WHAT A HELLOFA JUSTICE SYSTEM WE HAVE . I should end this before I rant anymore .

THANKS AGAIN

Michael L. Kelley