*******Im going to try to describe some of the issues we have raised on appeal, while also keeping away from a lot of the “legal speak” used by most attorneys. I m only going to talk about a few issues though, since we only raised eight errors on my appeal it wont be hard to break down the facts in my point of errors on appeal. I also want to point out in effectiveness of my trial attorneys for completely ignoring their responsibility to investigate my case or evidence. That was submitted to the jury in my trial. Plus I also want to explain how I was dealt a bad deal after the trial, once they appointed me a direct appeal attorney. Once you see how my attorneys at trial were incompetent, when we went to trial, then when you see how my direct appeal attorney put together a rush job on the legal bring for my appeal, hopefully you will be willing to help me in this journey to save my life.*******

 

1.  POINT OF ERROR

The indictment, the jury charge and appellant’s role in the murder. I’m not going to explain the jury charge I’m only going to explain the indictment and the role the state is saying I played in murder. Heres how the grand jury wrote the indictment up :    The duly organized grand jury of Harris county, Texas, present in the district court of Harris County, Texas, Elijah Dwayne Joubert, here after styled the defendant, heretofore on or about April 3rd 2003, this then and there unlawfully, while in the course of committing and attempting to commit the robbery of Alfred Jones, intentionally and knowingly cause the death of Alfred Jones by shooting Jones with a deadly weapon namely, a firearm.  It is further presented that in Harris County, Texas, Elijah Dwayne Joubert, hereafter styled the defendant, heretofore on or about April 3rd 2003 did then and there unlawfully during the same criminal transaction, intentionally and knowingly cause the death of C. Clark by shooting with a deadly weapon namely, a firearm, and intentionally and knowingly cause the death of A. Jones by shooting with a deadly weapon to-with a firearm.

Now as you can see in my indictment I was charged with shooting Alfred Jones, which I never even had a gun, then in a second indictment they also charge me with the shooting of the police officer C. Clark, then also in the same indictment they stated I caused the death of A. Jones and C. Clark. It’s no way I can shoot both of those people, when it was two different guns used in those killings. Also I have a statement from the wrecker truck driver, who followed officer Clark to the scene of the crime, in the statement of Mrs Jones, Mr. Wheat stated he seen the scene of Brown (the gunman) & Gillespie run out of the business and that he never seen me, because I was in the car. That further proves my point I never had a gun or shot nobody out there that day.

 

 

2. POINT OF ERROR

They accomplice testimony: well Gillespie admitted that he planned the robbery, he’s the one put the plan together came got all parties to play a role in this robbery and even uses his girlfriend’s car in the robbery because a woman’s car won’t bring attention to police when they see that car… Now as I stated once before Gillespie always kept his gun the 45 calibre, Alfred Jones was killed with that 45 calibre. We know from other witnesses Gillespie always had that gun, why would he give it up on a Robbery that just don’t make sense. We also know that Lamurcus also heard Gillespie say “Bitch got out of line so I had to shoot her”. So now with all of this said and done the state gave Gillespie a deal for 30 years to testify against me in trial, now as the low states the jury can’t convict me with the soul statement of an accomplice witness testimony, the jury must have other facts and evidence to prove my guilt…

Because an accomplice witness can be making up his story to save his own self… which that’s all Gillespie did he made up that whole story to he could save his own self. All the facts show and prove Gillespie killed Alfred Jones…

Now the rest of those eight errors are only dealing with the violation of my Rights so really it s not need to brings those errors up. But let me please show you how my trial attorneys were ineffective in trial, first of all those attorneys never filed a nation for dismissed for the way I was indected on these charges behind the way those indict aments were wrote.”Second* they never stated to the jury that the gun which was a 45 calibre was Ilaspie’s gun, but they brung Ilaspie’s bulletproof Vest and the box he kept his drugs and gun into my trial, all this did was taint the jury’s mind about me. My attorneys never went out and spoke with none of the eye witnesses who seen me with Ilaspie that morning. Plus they didn’t go out and talk to those people in the community who actually knew me, so they could use those people as character witnesses in my trial…   Really my trial attorneys sat back and let the courts rail road me, so really I never had a chance in this story. Then after I was convicted and sentences to death I was appointed a direct appeal attorney by the name of Henry Buchholder, this attrorney only filed 8 errors on my direct appeal, that s unsual for a capital murder trial. But this attorney Henry Buchholder filed my appeal, then 6 months later got off my case, well the bad thing about that is, once I received a new attorney, he couldn’t go in and change nothing, Mr. Buchholder had filed or neither could he file his own issues, he could only argue those 8 issues of errors that Buchholder had filed on appeal. So I was dealt another bad hand because this guy gave me a rush job, plus he got off my case then I was left with another attorney who couldn’t even help me. A year later on October 3rd 2007, I was turned down on my direct appeal, the supreme court on my behalf, these attorneys are not trying to help us, they are only out to get paid, I m going to enclose the letter my new attorney wrote to me, I hope by reaing all this, you will be willing to help me in anyway you can to save my life, I just want my fair chance at justice…