Written by John:
Note: the blank spaces ( *) are witnesses names and have been removed for legal reasons.
"My trial and its many flaws that has cost me my life of freedom:
It came out at the trial that there were many things that were uncovered by the police, that could have cleared me, that were not followed up on. I will go through my trial notes and quote things of significance.
Officer Lamb dusted for finger prints and got several sets from Mr Rodes house (where the crime took place) and off his truck. He testified at trial that he tried to match them to several people including me and none matched my prints at all, or others that he tried. So he basically quit trying.
The I.D technician for Beaumont Police Department confiscated 150 video tapes and all were gone and destroyed by the time the trial started. Why were they destroyed?
At the beginning of the second day of trial a juror came before the judge and told the juror his car was stolen the night before and the judge wouldnt dismiss him.
I had two mistrials in my case before a jury was ever seated.
The states key witness was in jail in Louisiana on several charges and he was on parole. It came out that his charges (felonies) were dropped and he got out the day I was arrested, on 3rd of January. The state hid it from us until we discovered that the D.A had made serveral phone calls and sent them a fax to his parole officer and the parole board and got his "blue warrant dropped". The D.A denied making any deals with anyone.
The Dectective who was supposed to be the one who gave the state keys witness his alibi, and was supposed to be the one who went to the police station in Beaumont, after been bonded out in Louisiana and also told the Dectectives what the state witness has told him that "he was involved with a murderer". He could not be located at all for some reason now. The state would not call him in and we could not find him anywhere. He was direcly implemented in the state keys witness testimony but was not called in and could not be located for some reason!
So we asked for a "Motion of Continuance" to locate him and get his vital testimony to show the state his fabricating evidence by making their witness lie, but the judge denied it.
That was the 2nd person the D.A made disappear!
The alledged murder weapon and some stolen property was given to the police by a man after police arrested him. He was later released and testified for the state saying he brought the stuff from my brother. He first gave police a VCR then later the next day or so he gave them a pistol and another VCR. The pistol was later identified as one of the murder weapons. This man had it in his possession and had no proof my brother gave it to him at all.
Not only did the state withhold the evidence of the deals with the witnesses, it came out - when we found it, that the D.A was withholding a letter from a man that had written to Mr Rode while that man was in prison, telling Mr Rode to "watch out for a man named ( *)"!
We asked for a mistrial which was denied, then a continuance to check out these people and that was denied also!
There were a few people (not just one), a few that heard the state key witness bragging that he committed this crime and also an affidavit was secured from a man who worked alongside the state key witness at a convention in Houston,Texas. He gave an affidavit that the witness was bragging to him about being involved in a murder in Beaumont.
There was evidence missing out of the police property room! There was a desk calender for '90' , '92' , '93', '94' and the last month Mr Rode was alive of December was torn out, missing! Also a pocket calender was produced and the last month Mr Rodes was alive of December 1994 was torn out of this one too! These items were conviscated from his office at Lamar University and his home. Why were they torn out?
Also found was a hand written note left stating: "Nothing illegal or wrong happened while at Elmor Rodes house" and it was not signed. The sergeant of the Beaumont police testified he found it but that no tests were run on it to find out who's hand writing it was. Why not? It was found at the murder scene! It was brought up at trial but just brushed aside! Why was something so important brushed aside? Again: It was found at the crime scene!!
A Dectective with the Beaumont Police testified that they were working on several leads they had receiced off people claiming to have seen a man with Mr Rodes truck. They were investigating at least 7 others whose names were found in a diary of Mr Rodes in his house.
And the Dectective testified that all of them were put aside and never followed up on on after ( *) came to the station and told them what ( *) told him. He said "all of the Dectectives were happy that ( *) and his dad came to them and that they jumped on it"! ( *) dad, knew all of them Dectectives in Beaumont because he had a small practice there as a attorney!
The Dectective also testified that some of the suspects who were talked to did not even have their alibis checked out once they received the information from ( *). How come? Why not? Why was this not done as propoer protocol?
They in essence dropped all leads and focused on the easiest target, a 17 year old kid who was poor, that they knew had no way to fight them or defend myself against their unjust ways.
It had also been about ten days since Mr Rodes body was found and there was a big public outcry and alot of pressure on the police to make an arrest.
There were drugs found in the freezer at Mr Rodes house, two bags of Marijuana.
There were also several hairs that were found and taken from the right pocket region of the shorts Mr Rode was wearing, as stated in the autopsy report .
There was a test done with my hair and my hair did not match! Then we asked the Dectective was it tested on anyone else? And he said "No"! Once again: Why not? How could they not test it on anyone else? And according to police there was a major struggle before his death. No further testing was done!
The Police gave a polygragh test to certain suspects and they failed! But after it, they focused on my brother and I and they didn't follow up on the other suspects.
I was tested for my finger prints for this crime and the did not match. It did not match for one reason, because I DID NOT COMMIT THIS SHOCKING CRIME!
This is a brief description of the shocking inadequacies, major flaws & incustice and some of the things and events that went on in my trial.
But even though they convicted me and gave me the Death Penalty they didn't stop there.They appointed me a direct Appeal Attorney who was actively a special prosecutor in a Death Penalty retrial and was actively seeking the Death Penalty in the new trial.
And as if this is not enough of a mess 5 of the jurors knew the victim! Two of them are husband & wife! That is immediately Conflict of Interest!
Thank you for your valuable time."
John CP Dewberry
John Dewberry #1306204
3001 South Emily Drive
Beeville, TX 78102