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CREATED:20171022T185400Z
DESCRIPTION:I am reaching out to the activist community to support my son Kerry Baxter 
 Senior, and our family. As many of you know, Kerry has been incarcerated 
 for the last 15 years under a wrongful conviction. I have been working to 
 appeal his case, and we now have the opportunity for a resentencing 
 hearing. We will be able to share new evidence, but it comes at a risk 
 because the same judge who initially sentenced and convicted him will be 
 presiding over the new sentencing hearing. I know that with enough people 
 on our side, we will win. I am reminded of the words my son shared with me, 
 "as long as I am not alone, I am powerful."\n\nIn order to provide Kerry 
 with the best opportunity for a successful hearing that will lead to his 
 release, I am reaching out to my community to come together and help us. We 
 already have the invaluable support of Essie Justice Group and Silicon 
 Valley De-Bug and are now asking for community support. Will you join me 
 and the supporters of Kerry Baxter as we come together to strategize how to 
 develop a community campaign to win his release? \n\nBelow is more 
 information about our story and why your support is so invaluable. I’ve 
 also included links to news sources and our facebook group. \n\nThank you 
 so much! \n\nIn Community, \n\nAnita Wills \n\nBACKGROUND ON KERRY'S 
 STORY\n\nKerry was originally sentenced (in 2003), to 66 years-to-life 
 under three strikes for 2nd degree murder.  That sentence has now been 
 reduced to 16 years to life after some of the enhancements were dropped. 
 Many of you who know me also know that I have been saying my son was 
 wrongfully convicted. I continue to stand by that statement however this is 
 a separate matter.  Prior to his trial the Alameda County District Attorney 
 offered my son a 40-year plea which he refused. After his refusal the then 
 assistant District Attorney Colleen McMahon told Kerry there were going 
 after him.  That Assistant DA continues to work for DA Nancy O’Malley. 
 The judge overseeing Kerry’s trial was Jeffrey Horner, who at 79 years of 
 age is still on the bench. He was a former prosecutor and an appointee of 
 Governor Deukmejian. The other players are Homicide Detective Brian Madeira 
 and the informant who was given blanket immunity Jahmari Jones.\n\nSince 
 his sentencing in 2003 we have filed numerous appeals on Kerry’s behalf.  
 Kerry filed a habeas appeal in August of 2016 for ineffective assistance of 
 counsel. Although his petition has not been addressed the appeals court 
 sent a motion to Judge Horner and District Attorney O’Malley stating that 
 he was illegally sentenced. That ruling and request for resentencing was 
 ignored by the judge and district attorney. We could go to the Attorney 
 General, however, in 1985 the Attorney General stated they would no longer 
 interfere in these cases. That means that Kerry’s case is now in limbo 
 waiting for the judge and DA to respond. However, they have written on the 
 letters from the Appeals court, “No Action Taken!”  So, if the judge 
 (who wrongfully convicted Kerry), and the DA (who were a part of the 
 Wrongful Conviction), do not respond to the Appeals Court nothing will 
 happen.\n\nFor the above reasons I am beginning a campaign to push for a 
 hearing for my son. I believe the hearing will lead to his freedom. At the 
 hearing he will need an attorney to introduce evidence that was left out of 
 his original trial. I am also going to push for a different judge to 
 oversee the hearing and possibly a change of venue, to Santa Clara or 
 another county.\n\nThe Judge in Kerry’s case should have recused himself 
 for the following reasons:\n\n1. He knew the victim that Kerry was accused 
 of killing. \n2. He knew the attorney who represented Kerry was being 
 disbarred and that his license was suspended during Kerry’s trial (the 
 attorney Richard Hoves’ father was a Judge in the same court as this 
 judge).\n3. He allowed an informant to perjure himself 3 times on the 
 stand, including stating he was not given blanket Immunity to testify 
 against Kerry.\n4. He allowed the informant to be named as a victim of 
 Kerry although there was evidence showing that he had shot at Kerry and the 
 shot from Kerry was in defense.  Because of that determination no evidence 
 of the informants record could come into court. Including testimony proving 
 that he attacked Kerry and Kerry defended himself!\n\nAlthough Kerry was 
 accused of 2nd degree murder there was scant evidence of his guilt. The 
 person he was accused of killing was almost two blocks from where Kerry and 
 his assailant were. According to Oakland Police the innocent bystander was 
 hit by a ricocheting bullet shot from Kerry’s gun. Although the Officer 
 testified the man was hit in the chest, the bullet went into his left 
 Clavicle.  Witness Testimony that did not make it into court stated that 
 the man was shot by a drive by shooter while Kerry and Jahmani Jones were 
 almost two blocks down the street.  The courts allowed a mock gun to be 
 demonstrated by homicide detective Madera.  At trial Kerry was called a 
 drug dealer, gang member (he was 33 years old), and the jury was told that 
 he had threatened his girlfriend so she was afraid to testify against him.  
 Every fearful stereotype of a black man was played in front of the White 
 Jurors. \n\nAlthough Kerry had a difficult time finding employment due to 
 his juvenile record he got around that with his personality and work ethic. 
 Kerry worked at the Naval Air Station, was a Journey Level Machinist, and 
 at the time of his arrest was a Journey Level Member of the Carpenters 
 Union. We were not allowed to refute any of the negative testimony by the 
 DA or Officer Brian Madera. All the black jurors were struck and even at 
 that it took the all-white jury two weeks to find him guilty. He was not 
 only tried in court but by the Oakland Tribune which reiterated what the 
 district attorney and Officer Madera said about him. Prior to Kerry’s 
 sentencing the probation department told me that I could not present 
 evidence that Kerry worked,  paid taxes or was a hands on father to his 
 children. The courts also refused to allow anyone else to come in and 
 testify to his good character.\n\nThis Judge Jeffrey Horner is still on the 
 bench and still giving harsh sentences to black and brown people. The 
 assistant district attorney who carried out a threat against my son because 
 he would not take a plea is still practicing.  I recently learned that 
 Nancy O’Malley wanted Governor Brown to appoint her Attorney General and 
 he refused her request.  Even he is appalled at her over prosecution of 
 black and brown people in Alameda County. She is up for reelection and we 
 must call her out now!\n\nWrongful Conviction of Kerry Baxter Senior San 
 Francisco Bay View \nKerry Baxter Senior on facebook\n 
 \nhttps://www.facebook.com/events/146113046000285/?acontext=%7B%22ref%22%3A%223%22%2C%22ref_newsfeed_story_type%22%3A%22regular%22%2C%22feed_story_type%22%3A%22117%22%2C%22action_history%22%3A%22null%22%7D\n\n\n 
 https://www.indybay.org/newsitems/2017/10/22/18803817.php
SUMMARY:Strategy Session Kerry Baxter Senior
LOCATION:		Thursday, November 2nd \n		6:00-8:00pm \n   		Essie Justice Group 
 Office\n   		300 Frank Ogawa Plaza, Suite 420,   (Rotunda Building) \n   
 		Oakland, CA 94612\n\n
URL:https://www.indybay.org/newsitems/2017/10/22/18803817.php
DTSTART:20171103T010000Z
DTEND:20171103T090000Z
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