Now it is almost a shame that people outside of these prison walls (lack knowledge about the process which most people go through when it comes to the avenues which the prosecutors and the court judges utilyze in order to obtain a conviction). I really do anticipate that my experience below could give you an eye opener towards some of the many ways, which one can be finessed of their freedom, justice and equal liberty.
I was arrested on Aug 20th, 2012 and convicted on Jan 7th, 2013. Sitting inside of the Mahoning County Jail, I was facing Capital homicide charges. Trial court employed two court appointed attorneys named “Ronald Yarwood” and “Edward Hartwig” to represent me and help defend my rights. (you should know that court appointed attorneys are only here to prevent their clients constitutional rights from being violated. Other than that they are often satisfied with giving the prosecutors a conviction as long as it is done properly.) That is what they are paid for (by the state, for the state). Nowadays one have to have the proper funds themselves to afford a well respected attorney that is sold on obtaining your freedom or the least harsh penalty. In my case I was not afforded neither of the two. I was sitting in the county stressing because I didn’t know nor understand what was going on and why I am being deprived of my family and freedom. In and out of mental health observation and suicide watch (due to my frustrated depression) my attorneys finally gave me a copy of my discovery. Your discovery is evidential information (in paper form) which either supports a conviction or supports a defense against the indictment charges. After they seen how unstable I was my attorneys requested the court to have a psychiatrist (M.D.) evaluate my mental capacity in order to see if I have the competence (a grounded understanding about the charges and the courts procedure etc) to proceed to trial or accept a guilty plea. (which I did not) The doctor that the trial court utilyzed and employed for that duty was “Dr. Anil C.Nalluri”. He was facing felony fraud charges at the time and although I had no knowledge of this at the time, my attorneys should have investigated the use of this doctor. At the competency hearing I was not present nor given the “opportunity to testify, defend myself against the doctors findings of ‘competent’ nor bring witnesses on my behalf”. The U.S. gurantees ‘that’ fundamental fairness. Without that is a violation of ones due process rights. (inadequate competency hearing) In between time I was diagnosed with auditory hallucinations, stress, anxiety, depression etc… and the Mahoning County Psychologist (different doctor) prescribed me with an anti-psychotic medication called ‘Haldol’. (a dangerous and tranquilizing drug) This drug was one of the main reasons why I lacked the ability to control my decision making functions and it also caused physical side effects, like stiffness and uncontrollable/ involuntary actions and movements in the face and neck. (look up ‘Haldol’). Eventually “Dr. Anil C. Nalluri” (who evaluated my mental capacity) made a deal with the state and ended up paying back over $71.000.00 (seventy thousand dollars) and plead guilty to a lesser degree of offense.The knowledge of the doctors guilty plea was not disclosed to me neither was it made a part of the trial courts record in order to immediately taint and discredit his testimony of my competence in this case and my defense team could have requested a different doctors professional opinion. I eventually was further decieved into taking a guilty plea which was neither knowing, willing, intelligent, or voluntary. I signed a plea contract. (when I think about it now Im like, ‘wow’ I truly cannot believe I did that.) Although I was coerced and decieved by my attorneys into signing over my life, it was an invalid contract. (I agreed to an illegal sentence.) Two of my charges was ‘Improperly Discharging a Firearm into a Habitat’. (felony of the second degree) Post-Release Control is statutorily mandated for felony twos and certain felony ones. It is a mandatory part of the sentencing package and without it, it is a void contract and the conviction must be vacated because first of all; 1. The judge cannot make up its own sentence and 2. One cannot agree to an illegal sentence. That is state and federal law. Well, the judge failing to advise/impose ‘PRC’ and make it a part of my plea agreement therefore invalidated ones guilty plea. I am currently awaiting the pending decision of the federal judge in my now federal civil case.
Shawn Wilson (aka: Mr.EsWils)
Categories: Shawn Wilson
American justice? An American joke.