My name is Carl Hubbard. I have been wrongfully convicted since 9-23-1992 for the murder of Rodnell Penn. I have always maintained my innocence. Not only am I actually innocent, but they also appear to be Brady Violations in my case.
In 2011 an eyewitness to the actual murder stated in a sworn affidavit: “I was on my way to the store on the corner of Gray and Mack on January 17th, 1992…. when I saw assailant [John Doe] arguing with somebody in front of Uncle Peter’s house,”...“Then I saw the other guy turn his back and start to walk away from [John Doe], Then I heard some gunshots fired and the guy arguing with [John Doe] fell to the ground. Then [John Doe] stepped over him and started shooting the guy again.” This eyewitness says “...the killer was DEFINITELY NOT Carl Hubbard.” and the reason I did not come forth sooner is “because I have to live in that neighborhood.”
Another witness who lived nearby said “After Carl Hubbard got convicted for the murder in front of ‘Uncle Peter's house, everyone was saying that [John Doe] was the one who really killed the guy. This was due to [John Doe] believing that the victim had something to do with his brother‘s murder on Gray Street.”
In addition, there is an arrest report in my homicide file regarding a female suspect in Penn’s murder, who was seen arguing with Penn just prior to the event. Her name is redacted from the report. It appears Detroit Police failed to provide the names of other witnesses and suspects favorable to my defense. It also appears Detroit Police failed to interview witnesses who saw the female suspect and Penn arguing; or others in the neighborhood who identified [John Doe] as the killer.
The prosecution’s lead witness at my bench trial was my childhood friend Curtis Collins. Collins provided an affidavit backed by a polygraph exam, stating that police forced him (by threatening him with imprisonment) to falsely testify that he witnessed me run away from the scene of the crime. On cross-examination at trial he testified that his pre-lim testimony was false. Collins was then arrested by Sgt. Gales for perjury in the courtroom at the direction of AP James Gonzalez and Attorney Giles. Collins reversed his testimony at trial the next day, in exchange for the perjury charges to be dropped. Collins was only 19 at the time.
Collins told the Voice Of Detroit in an interview that his mother and friends encouraged him to come forward and tell the truth and help free me. Collins said “...I did not witness Carl Hubbard fleeing from where Mr. Rodnell Penn was found dead, Collins says in his affidavit. “Sergeant [Joann] Kinney forced me to testify falsely at the preliminary examination that Carl Hubbard was running from the scene. . .I was threatened by Homicide Officers Sergeant Kinney and Sergeant [Ronald] Gale that I would be charged with the murder of Mr. Penn if I didn’t say that I saw Carl Hubbard at the murder scene of Mr. Penn.”
The truthfulness of Collins’ statements is backed by a polygraph exam, as set forth in the polygraph report by former police officer Michael Anthony, of Forensic Polygraph and Accounting Services dated 2-1-18, as follows:
1. “Did you see Carl Hubbard shoot that man?” Collins answered: “No”.
2. “Did you see Carl Hubbard shoot anyone at Gray and Mack in January of 1992?” Collins answered: “No”.
3. “Were you present when Carl Hubbard shot that man?” Collins answered: “No”.
Anthony concluded: “It is the opinion of the undersigned examiner based upon the examination given that this subject is being truthful regarding this issue.”
My Trial Attorney Giles says, “I represented Mr. Carl Hubbard in his Bench Trial in Recorders Court. ...In my representation of Mr. Hubbard, there came a time during the testimony when the Prosecution called one Curtis Collins to the witness stand...on cross-examination, he drastically changed his testimony and according to my recollection, testified contrary to his testimony at the preliminary examination… Mr. Collins was arrested and detained following his trial testimony. To the best of my information and belief, Mr. Collins was released and not charged when he changed his testimony the following day… Mr. Collins’ testimony was especially critical to the Judge’s verdict of guilty against Mr. Hubbard.”
An arrest report signed by Sgt. Ronald D. Gale dated 8-31-92, states: “Writer responded to Recorders Court. Courtroom #202 and talked with APA James Gonzalez. Writer was directed by APA Gonzalez to arrest the above subject (Collins) for perjury. The above subject was a witness in a homicide case and testified at an exam held in 36th District Court and testified at a trial being held in Recorders Court this date. After being sworn the above subject in the direct opposite (sic) to his testimony at 36th District Court.” Collins goes on to say that Asst. Prosecutor James Gonzalez, Sergeant Joann Kinney, and Sergeant Ronald D. Gale continued to threaten him afterward. Before her retirement in 2006, Kinney was exposed as a corrupt cop in at least two cases.
This information alone is overwhelming evidence of the miscarriages and tactics the police and prosecutors employ just to get a conviction. I am actually innocent, while the real killer is still at large.
All stated herein is true correct and complete in accordance with Federal Law 28 USC 1746.
Carl Hubbard #205988
Carson City Correctional Facility
10274 Boyed Rd.
Carson City, MI 48811