PLEASE HELP ME TO PRESENT THIS EVIDENCE... After sitting through two extensive post-conviction hearings held for my jointly tried codefendant, on separate appeal, the trial judge stated the following:
"This is the worst situation, I have ever seen. The prosecutor and defense counsel both hid important information from the court and jury".
People v. Hence and Gallagher, No. 79-911862 (Wayne Co. Cir. Ct., 10/30/1980 ) pp. 5-7 fn. V. Baum, J.
After making a large number of other very important factual findings, the trial judge reversed Gallagher's convictions, and appointed counsel so that I could also raise the same claims about the hidden alternate suspect, and other reverseable issues. But counsel passed, and the new attorney disappeared for two years.
When he resurfaced, he simply used the issues raised in my appeal as of right, which, like the new attorney's pleading, did not contain any of the very favorable findings made by the trial court in his 80-page post-conviction opinion. The horrible result was that I have never received a merits review on the issue of the alternate suspect.
It was charged that my codefendant and I had conspired to kill the deceased, a police informant.
The new evidence proved that the alternate suspect had arranged the killing, that one of the state's two, plea bargaining witnesses had admitted that his conspiracy testimony involving Gallagher and I was totally false, and that the other person was the payer for the killing.
There was no forensic evidence to support that lie or that liar's tales, nor the similar one one told by another plea-bargaining witness. That person had left his fingerprint on the body and had given totally different stories to the police and at his separate trial earlier.
Please contact me and I will send you some very well documented material proving my innocence of these charges and total and complete innocence altogether. Polygraph results, the sole eye witnesse's exonerating testimony, police files about an interview with the alternate suspect, the trial judge's credibility findings, and determination that my codefendant was innocent, and I should have a similar hearing.
And very importantly, proof from that judge and two court of appeals findings that only one theory was used at our joint trial and so all favorable finding must apply to me also. Please see Ashcraft v. Tenn., 322 U.S. 143, 155-158. For a shockingly similar case, where, also, it was alleged that a white person had paid a black man to kill a person.
There the Tenn. Atty. Gen. agreed that if the alleged payer was reversed, then the black man should be also. The main difference being that here, the black man has spent over 45 years in prison, for a crime that he proveably did not commit. and still he sits, nearly blind, 73 years old, but still fighting to obtain a merits review of the evidence.
Please help me finally see the light of freedom. Contact me at the below address and I will send a well-documented description of all of the evidence proving actual innocence. If you send your email address I will send you a digital copy.
I also have some of the issues arising from this evidence already briefed. Please help me to end "the worst thing I ever seen...."
Most truly yours
Henry Hence 141983
10274 E. Boyer Rd.
Carson City, Mi. 48811