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To: District Attourney of Maricopa County, Office of Arizona Governor Doug Ducey
Life without the possibility of parole are unconstitutional for juvenile offenders.
William Hawkins has been incarcerated since 2002 for a crime he did not commit. He was just 16 years old at the time and charged with second degree murder and misconduct involving a weapon which 5 months later was changed to first degree murder and he was sentenced to life in prison without the possibility of parole -- even though no DNA evidence, fingerprints, physical evidence, collected ever linked William to the crime. There were several deficiencies in his representation, he had a public defender who believed he was guilty, 3 other co defendants were coached and forced to false claims against William on the stand in front of the jury. A clear violation of due process. William and all 3 co- defendants were charged and convicted of the same murder however William was the only one convicted of a crime that carries a higher mandatory maximum sentence. The court improperly aggravated his sentence based on evidence the jury did not get to see or determine. After 2 denied appeal attempts due to not having proper representation, and understanding of the laws and his rights he had William was determine to give it another shot when he was presented with the opportunity to file a P.C.R. due to Miller Vs. Alabama. Arizona courts denied it again claiming that did not apply to him because he was not sentenced to natural life he was sentenced to life with the possibility of parole after 25 years. His attorney filed another motion for review as he was improperly sentenced. In 1993 the Arizona Legislature revised who commit felony offenses before Jan 1, 1994 remain eligible for parole. Well in Williams case his felony was committed AFTER 1994 so he is not eligible for parole. The Arizona supreme court has held that release after 25 years does NOT include parole, but instead limited to other forms of release such as executive clemency.
Why is this important?
Now 18 years later William is still challenging his conviction. He poses one key question: If an incarcerated person
learns that the state knowingly presented false testimony and no evidence proving he committed this crime in order to secure a conviction against him, how likely does it have to be that knowledge of the truth could have affected the jury’s verdict. This therefore violates the defendant’s due process rights and requires the conviction to be set aside.
William has now been in prison for 18 years, for a crime I know and thousands of others know he didn’t commit. I am even more shocked to learn that over 10,000 people may be wrongfully convicted of serious crimes each year and that prosecutorial misconduct is rampant in communities across the United States. I am dedicated and determined to help William And it’s why I need your help today. I urge you to join me in asking Maricopa County Attorney Allister Adel, Govenor of Arizona Doug Ducey, and the Arizona Board of Parole to take into account the undeniable facts of Williams case, and provide him executive clemency, justice and a chance to live a normal life outside of the prison walls.