Denver, Colorado (PRWEB) January 30, 2014
Advocacy group, A Just Cause, seeks expert input on 200 pages of transcript being omitted from the official record in the IRP6 case (D. Ct. No. 1:09-CR-00266-CMA).
The IRP6 argues that key elements of the court transcript, which are critical to their appeal, were omitted from the official record (D. Ct. No. 1:09-CR-00266-CMA). A Just Cause, seeking grass roots support for the IRP6, continues to obtain signatures via Change.org, write to members of congress, and request intervention of Attorney General Eric Holder.
During a January 28, 2014 interview on A Just Cause (AJC) Radio, former Ohio Attorney General Jim Petro and his wife Nancy shared highlights of their book “FALSE JUSTICE: Eight Myths that Convict The Innocent” (AJC Radio archive: http://www.ajcradio.com , January 28, 2014). A Just Cause asked the Petros to speak specifically about “Myth 2: Our system almost never convicts an innocent person, Myth 4: Wrongful conviction is the result of innocent human error, and Myth 6: Conviction errors get corrected on appeal” (FALSE JUSTICE: Eight Myths that Convict the Innocent (Kaplan Publishing, Hardcover, October 5, 2010). “A Just Cause was intrigued by what the Petros had to offer, so naturally it spilled over into conversations about the IRP6," states Sam Thurman, A Just Cause.
During the interview of Jim and Nancy Petro, Cliff Stewart, AJC Radio, raised the issue of the IRP6 case and the over 200 pages of transcript being omitted from the official court records (D. Ct. No. 1:09-CR-00266-CMA). “Six men have been sitting in prison for over 18 months while their case is under appeal, with over 200 pages of the transcript missing," argues Stewart.
Court records show that the IRP6 argue that court transcripts pertaining to a sidebar bench conference are missing from the official court record (D. Ct. No. 1:09-CR-00266-CMA). Records show that Darlene Martinez (Federal Court Reporter in the IRP6 case) affirmed in court to federal Judge Arguello that the unedited/original transcript of the bench conference consisted of 200 pages. Court records confirm that the IRP6 asked Judge Arguello for the unedited version of the transcript. Judge Arguello questioned Martinez, “How many pages is it?” Martinez affirms, “Over 200 pages.” Judge Arguello further states, “Over 200 pages...for no purpose that I can see that would be served by having that at this time. I am not going to have an expedited, and unedited version (of the transcript) delivered to the defendants (IRP6),” concludes Arguello. (D. Ct. No. 1:09-CR-00266-CMA, October 2011, Court transcript pages 2062 - 2063).
Upon hearing the circumstances of the IRP6 transcript Jim Petro commented, “If there was a legitimate argument that could be made by the defense counsel on the appeal that there is a missing transcript, (that) becomes error that is no longer harmless, then I think the appellate court has a responsibility to act on this very quickly.”(AJC Radio Interview, http://www.ajcradio.com, January 28, 2014) Speaking on the position that the appellate court is likely in, “There’s no record. The full record of the trial is not before us (speaking of the appellate court), so we (the court) are not able to legitimately review this on an appeal basis and therefore we are sending it back; it needs to be retried," comments Jim Petro. “I can’t imagine that part of the record that might be significant and meaningful in terms of guilt or innocence, if it’s missing I think the appellate court has a duty to act with all deliberate speed," concludes Petro (Jim). ”(AJC Radio Interview, http://www.ajcradio.com, January 28, 2014)
“According to Federal Rule of Appellate Procedure, if an appeal involves issues of fact or evidence, a transcript of at least part of the proceedings in the trial court is necessary (Fed. R. App. P. 10(b)),” states Thurman. “In the case of the IRP6, the part of the transcript that has been omitted is absolutely necessary to the appeal,” Thurman adds.
According to 28 U.S. Code § 753 – Reporters (Court Reporter’s Act), all proceedings in criminal cases had in open court shall be “…recorded verbatim...”. 28 U.S. Code § 753 further states, “The reporter or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years.” (28 U.S. Code § 753 – Reporters (Court Reporter’s Act))
The case of IRP Solutions (IRP6) is currently under appeal (US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492). The IRP executives (Gary Walker, David Banks, Kendrick Barnes, Demetrius Harper, Clinton Stewart and David Zirpolo) have been incarcerated for nearly 18 months at a Federal Prison Camp in Florence, Colorado. (Ct. No. 1:09-CR-00266-CMA, US District Court for the District of Colorado). IRP Solutions Corporation developed the Case Investigative Life Cycle (CILC) criminal investigations software for federal, state, and local law enforcement.
Appellate Court panel includes the Honorable Senior Judge Bobby R. Baldock, Honorable Judge Harris L. Hartz, and Honorable Judge Jerome A. Holmes.
For additional information on the IRP6 case, or for copies of the legal filings go to http://www.freetheirp6.org. Related press releases: http://www.prweb.com/search.aspx?search-releases=irp6&hitsPerPage=20&x=10&y=13
Additional information on Jim and Nancy Petro is available at http://www.falsejustice.com or http://wrongfulconvictionsblog.org/author/nancybpetro/