Henry Lee Hurt-EL | 160388
Henry Lee Hurt-EL | 160388
160388
79-28929-FC
11/15/1960
Murder
01/31/1980
03/07/1980
Life
Genesee County,
Court Review
Henry Lee Hurt-EL | 160388
Respectfully, my name is Henry Lee Hurt-EL. This factual narrative of my case is based upon court records and testimony of the state's eyewitness, Nancy Cowens, and the decedent's son, Clarence Boose Jr.
I was forcefully taken from society and placed inside the Michigan judicial system at the age of 18 in 1979. I am now 61 yrs old. In March of 1975, I was placed on State Wardship status and committed to several training schools. I subsequently absconded from the Adrian Training School (now closed) in 1977 at the age of 16. Two yrs later I was taken from a home on Page Street in the city of Flint. Officer Steve Buzek drove me down to the police station where I was illegally interrogated by several officers. I explained to them that I had absconded from the Adrian Training School and that I was a juvenile. One of the officers asked me how old I was and when I replied 18 the officer said that I was grown and that I would be tried as an adult. The interrogation continued and I was asked where I was on June 9th, 1979. I replied that during the day I was hanging out in the hood but that when it turned dark I was with my girlfriend and our 6-month-old son. One of the officers asked me would she verify my whereabouts and I simply gave him her number (313-931-6382). When my whereabouts were confirmed the officer thanked her and hung up the phone. He then turned to me and stated that my alibi checked out.
The officers attempted to continue the interrogation but I stated that since my alibi had been confirmed could I leave and that is when the officer said "No, you can't leave!" That is when I stated that the interrogation was over and that I wanted a lawyer. The officers all stood & told me to stand up because I was being placed under arrest for the murder of Clarence Boose Sr.
I was forced to go to a lineup without counsel and made to adorn similar clothing worn by the two suspects. The public defender told me that I had not been positively identified by the eyewitness. I was later taken before a preliminary examination, during this action the eyewitness gave an in-court positive identification based on facial features. The fact that coercion played a role became obvious when both the eyewitness and the decedent's son admitted on the stand that they spent the night together and talked about the case, despite the judges' order not to discuss the case outside the courtroom. The eyewitness admitted that she changed her statement after having spent the night with the decedent's son (TT 303-304). This amounted to Fruit of the Poisonous Tree, Wong Sun v. United States.
Subsequently, I was bound over to circuit court with a "John Doe". The district court had appointed Richard King as counsel, but he didn't do much of anything either. He was ineffective as well which was made clear from the record. He negated to investigate the juvenile issue and failed to argue that a John Doe could not be bound over to circuit court. Where in America is that done? Mr. King also failed to argue the impermissibility of the in-court identification as it manifested this injustice. At a bare minimum, he should have requested an Anderson hearing.
During the trial, I explained everything to (retained trial counsel) James J. Zimmer, now deceased. To my dismay Mr. Zimmer was derelict. He failed to show up for court certain proceedings and postponed others. He negated to call my alibi witness and failed to effectively cross-examine the states' eyewitness and the decedent's son concerning what they discussed about the case when they spent the night together. He failed to make sure the record was clear and to make their statements part of the record. At a minimum, he should have challenged the admissibility of their testimony and or move to have them both dismissed because their testimony was likely tainted. The ineffectiveness of trial counsel could have been attributed to his addiction to cocaine and alcohol. This fact was determined by the findings of the Attorney Grievance Commission.
Zimmer further showed ineffective assistance when the judge stopped the trial and ordered both defendants and their attorneys to his chambers and offered us a 15-25 yr plea bargain. The judge made it clear that we had just one minute to decide. In light of the circumstances, the attorneys should have given the advice to take the plea. Richard Austin, my co-defendant's attorney did not say anything. The judge opened the door to his chamber and ordered everyone back into the courtroom stating that it was too late.
We were found guilty on January 31, 1980. On appeal of right, the court-appointed John Gudgel. Attorney Gudgel never made any contact with me and then he informed the court that he was unable to represent me because he was leaving the city of Flint, and left. Gudgel's actions violated my rights and forfeited my mandatory right to appeal. By not filing a claim of appeal within 60-days, instead of my appeal being mandatory with all the panoply of rights, it reduced my appeal status to a discretionary request. The court then made a mistake in appointing me the wrong lawyer as counsel (Jennings) and later corrected the mistake, but by then my appeal of right had already been forfeited.
The court then appointed Steven M. Lazzio, who also misrepresented me by not filing my appeal for over 18-months and had to be ordered to appear before the Court of Appeals to show cause as to why he allowed the case to appear upon the NO PROGRESS DOCKET for so long. Lazzio appeared before that court and filed a vexatious proceeding and then appeared before the COA panel.
I also filed a MCL 770.1 Proceeding with the trial court on March 25, 2020, a motion for bond and have rebutted the prosecutor. I have also filed official letters of intent with the court. The judge has not issued an order to date.
I state under penalty of perjury that these statements are true to the best of my knowledge and belief pursuant to 28 USC 1746.
Please contact me at www.jpay.com or write me:
Henry L. Hurt-El #160388
CARSON CITY CORR. FACILITY
10274 Boyer Road
Carson City, Michigan 48811