David Powell | 353302
David Powell | 353302
353302
00014001-01
06/01/1967
Other
11/30/2000
10/04/2001
Life
Wayne County,
Private Investigator, Attorney, College Law Clinic, Innocence Projects
David Powell | 353302
DETROIT MAN FIGHTS FOR JUSTICE
I’m David Powell, a man Wrongfully Incarcerated and serving Natural Life for a non-violent crime. November 30th, 2000 was the beginning of the end of my life when I was arrested in Detroit and charged with Possession of Cocaine with Intent to deliver over 650 grams. I was eventually convicted and sentenced to mandatory life in prison without the possibility of parole. I sit here more than 22 years later waiting to die in prison for a non-violent crime.
The substance in question was never tested in a laboratory to determine if, in fact, it was cocaine or even a controlled substance at all. Instead, the state, court, and jury relied solely on arresting officers field testing to label the substance as cocaine. It was further proven through a Freedom of Information Act request that absolutely no scientific testing was completed on the substance. This faulty evidence from notoriously unreliable "field tests" should have never been allowed in the court as evidence. This constitutes an insufficiency of evidence and plain error.
The Due Process of the United States Constitution requires that the state proves beyond a reasonable doubt all the elements of their case. Without crime lab test results proving it was a controlled substance entered into the record, not only did they not prove this critical element of the crime, but I was denied due process of law. Furthermore, the defense was never provided a chance to have an independent lab test the substance.
PLEA FOR HELP AND EVIDENCE
My conviction was built on falsehoods and there is a long culture of internal corruption within the DPD. The police tampered with evidence by not testing any of the cocaine, using biased witnesses, and invalid warrants. My past reputation made me an easy "scapegoat" for the DPD.
My entire incarceration has been a struggle to prove my innocence of this falsehood and at every turn, the Wayne County Prosecutor’s office has blocked my attempts to obtain the necessary documents to prove my innocence to the court.
I did obtain copies of the search warrant which appears to be fabricated after the fact, resulting in an illegal entry, search & seizure. The search warrant also lacks the requisite Date for the probable cause hearing and also the actual judicial Order. Furthermore, The search warrant affidavit relies upon an unregistered and never relied on before confidential informant, who never made a purchase from the residence in question.
REPUTATION VS. REDEMPTION
Although in my younger years I may have lived a negative lifestyle, I’ve accepted responsibility for my actions and the resulting consequences of my bad choices. In an attempt to right my wrongs, I’ve worked hard over these past 22 years to become a man worthy of redemption.
I lack the ability, knowledge, or resources to fight this case alone, so I am seeking an attorney or any other person who may have time and/or financial support to devote to setting me free. "It is better for 1,000 guilty people to go free than for one innocent person to be convicted".
All stated herein is true under penalties of perjury per federal law 28 USC 1746.
I am humbly requesting your help in my fight for freedom. Thank you for your time and consideration.
If you would like to assist me in my fight for freedom PLEASE CONTACT ME by mail:
David Powell #353302
Cotton Correctional Facility
3500 N. Elm Road
Jackson, MI 49201
or Email me at: www.jpay.com