To: President Donald Trump, The Indiana State House, The Indiana State Senate, Governor Eric Holcomb, The United States House of Representatives, and The United States Senate
Requesting A Federal Investigation Into The Malicious Prosecution of Steve Gilmore
More than 7 years ago, a jury unanimously found Steve Gilmore not guilty of the self-defense shooting of his ex-stepfather, Billy Akers; He is now again to stand trial a second time, June 20, 2012 for this same tragedy.
Akers was known to local authority to be unstable, violent, and "always" armed. He “walked” to Gilmore's secluded residence on February 18, 2005 after a confrontational phone call ended in disagreement and attempted to break into his home after being adamantly told to leave. Gimore fired two shots to scare him off. The first hit the corner of the door, shattering and covering him (Akers) in glass, proving he was coming in the house, the second hit Akers’ shoulder, and he later died as a result of the wound. Gilmore called 911 and reported what had happened.
Immediately, before any investigation and even before the assailant had died, he was placed under arrest and charged with murder. He was told by County Deputy Prosecutor Drew Dickerson that he could ‘Prove later it was self-defense’, contrary to Indiana State Law IC 35-41-3-2; "No person in this state shall be put in legal jeopardy of any kind what-so-ever for protecting himself."
There was no grand jury hearing. There was no proper probable cause hearing(s) as mandated by Due Process. There was no probable cause affidavit presented even though Gilmore has requested it numerous times over a 6 year period.
Without probable cause ever being established, In August 2005 he stood trial for murder. In less than an hour, the jury arrived at a unanimous not guilty verdict.
Due to an error in the presentation of the verdict and both the Judge Webster’s and his appointed counsel’s negligent handling in not clarifying the error before the jury was dismissed; the verdict was disregarded, and a mistrial was declared, allowing the state to ignore double jeopardy and try Gilmore a second time for a charge he had already been found innocent of committing.
During a motion to Dismiss in 2007 the Jury was summoned, presented and prepared to testify in open court, under oath, of their not guilty verdict, however, Judge Webster refused to allow them to verify and validate their verdict.
The 4th Amendment to the U.S. Constitution requires that “no [search or arrest] warrants shall issue, but upon probable cause.” An arrest without a warrant must be supported by probable cause. Lack of probable cause in a warrantless arrest makes that arrest an unreasonable seizure. In criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted.
A law that explicitly forbids any legal jeopardy... of any kind..."what-so-ever", a debunked scenario by their own expert, altered evidence and the only judge in all history to suppress a not guilty verdict...after he himself declared Gilmore acted in self-defense
The judges own instructions throws the entire case out, as if the lack of probable cause and with the debunked States scenario hadn't or the LAW IC 35-41-3-2 from the onset.
Please help Gilmore in demanding a federal investigation of the people responsible for the extreme mishandling of this case and more importantly his rights and freedom!
Akers was known to local authority to be unstable, violent, and "always" armed. He “walked” to Gilmore's secluded residence on February 18, 2005 after a confrontational phone call ended in disagreement and attempted to break into his home after being adamantly told to leave. Gimore fired two shots to scare him off. The first hit the corner of the door, shattering and covering him (Akers) in glass, proving he was coming in the house, the second hit Akers’ shoulder, and he later died as a result of the wound. Gilmore called 911 and reported what had happened.
Immediately, before any investigation and even before the assailant had died, he was placed under arrest and charged with murder. He was told by County Deputy Prosecutor Drew Dickerson that he could ‘Prove later it was self-defense’, contrary to Indiana State Law IC 35-41-3-2; "No person in this state shall be put in legal jeopardy of any kind what-so-ever for protecting himself."
There was no grand jury hearing. There was no proper probable cause hearing(s) as mandated by Due Process. There was no probable cause affidavit presented even though Gilmore has requested it numerous times over a 6 year period.
Without probable cause ever being established, In August 2005 he stood trial for murder. In less than an hour, the jury arrived at a unanimous not guilty verdict.
Due to an error in the presentation of the verdict and both the Judge Webster’s and his appointed counsel’s negligent handling in not clarifying the error before the jury was dismissed; the verdict was disregarded, and a mistrial was declared, allowing the state to ignore double jeopardy and try Gilmore a second time for a charge he had already been found innocent of committing.
During a motion to Dismiss in 2007 the Jury was summoned, presented and prepared to testify in open court, under oath, of their not guilty verdict, however, Judge Webster refused to allow them to verify and validate their verdict.
The 4th Amendment to the U.S. Constitution requires that “no [search or arrest] warrants shall issue, but upon probable cause.” An arrest without a warrant must be supported by probable cause. Lack of probable cause in a warrantless arrest makes that arrest an unreasonable seizure. In criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted.
A law that explicitly forbids any legal jeopardy... of any kind..."what-so-ever", a debunked scenario by their own expert, altered evidence and the only judge in all history to suppress a not guilty verdict...after he himself declared Gilmore acted in self-defense
The judges own instructions throws the entire case out, as if the lack of probable cause and with the debunked States scenario hadn't or the LAW IC 35-41-3-2 from the onset.
Please help Gilmore in demanding a federal investigation of the people responsible for the extreme mishandling of this case and more importantly his rights and freedom!
Why is this important?
He was Trayvon Martin and George Zimmerman...only he was at home being attacked by an armed man...and won...and have been wrongfully persecuted every since...was Ihe suppose to lose and lose his life to be afforded his legal and constitutional rights why is he not the victim...? Because he won and saved his life?