"I will employ such means as are consistent with TRUTH and HONOR"

To comprehend the extent of misconduct perpetrated by state actors (i.e., police, District Attorneys, Public Defenders, and multiple judges) in my unlawful arrest and wrongful conviction, we must first understand the law, how it was deliberately misapplied, and identify the actors who violated their Oath of Admission.

"...I will support the Constitution of the United States and the Constitution of the State of Colorado..."

As stated in the Colorado Supreme Court case, People v. Moreno (17 Colo. 488, 492 (Colo.1971): "To support the issuance of an arrest warrant, the complaint must comply with the probable cause requirements of the 4th Amendment to the United States Constitution, Article 2, Section 7 of the Colorado Constitution, and rules 3 and 4 of the Colorado Rules of Criminal Procedure".

- Fourth Amendment to U.S. Constitution -- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

- Colorado Constitution (Article 2, Section 7) -- "Security of person and property, searches, seizures, warrants. The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing"

- Colorado Rules of Criminal Procedure 3a -- "The felony complaint shall be a written statement of the essential facts constituting the offense charged, signed by the prosecutor and filed in the court having jurisdiction over the offense charged."

- Colorado Rules of Criminal Procedure 4a2 -- "If a warrant is requested, the felony complaint must contain or be accompanied by a sworn statement of facts establishing probable cause to believe that a criminal offense has been committed, and that the offense was committed by the person for whom the warrant is sought. In lieu of such a sworn statement, the felony complaint may be supplemented by sworn testimony of such facts. Such testimony must be transcribed and then signed under oath by the witness giving the testimony.

- Colorado Revised Statutes 16-23-103(1)(b)(II) -- "(1) The following persons shall submit to collection of a biological substance sample for testing to determine the genetic markers thereof, unless the person has previously provided a biological substance sample for such testing pursuant to a statute of this state and the Colorado bureau of investigation has that sample:

(II) In cases where a booking process occurs on or after September 30, 2010, the law
enforcement agency conducting the booking process shall collect the biological substance sample from the charged adult as part of the booking process."

 - Colorado Revised Statues 16-23-103(4) -- "An agency collecting a biological substance sample pursuant to this section shall make reasonable efforts to determine if the Colorado bureau of investigation already holds a biological substance sample from the adult. If, but only if, the agency determines that the Colorado bureau of investigation already holds a sample from the adult, then the agency need
not collect a sample."

As stated Colorado Supreme Court case Fishback v. People, 851 P.2d 884, 893 n.18 (Colo.1993): "Once a match has been declared, its statistical significance must be determined. This is usually expressed in terms of the likelihood that the crime scene samples came from a third person who has the same DNA profile as the suspect."

 "...I will use my knowledge of the law for the betterment of society and the improvement of the legal system..."

After the 2 year search for the perpetrator of an alleged sexual assault, I was one of many people identified by one of three partial license plate numbers submitted by the victim. Initially, the victim identified her attacker as a 6' 0'' tall, 280-plus lbs, dark-skinned Black American with long braids or dreadlocks. 

 

I am 6'2'', light-skinned Black American, bald since the 1990s, and at the time, weighed 215lbs.

 

My only commonality with the described perpetrator is our black skin.

 

"...no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause..." (Colorado Constitution, Article 2, Section 7)

 

Aurora Police Detective, Ronald Hahn, acquired a warrant to surreptitiously collect my DNA in order to match it to the "DNA mixture" collected from the victim.

"If a warrant is requested, the felony complaint must contain or be accompanied by a sworn statement of facts establishing probable cause to believe that a criminal offense has been committed, and that the offense was committed by the person for whom the warrant is sought..." (Colorado Rules of Criminal Procedure 4a)

 

I was arrested in Lone Tree, Colorado and booked in at the Douglas County Detention Center where a second DNA sample was taken.

 

"...the law enforcement agency conducting the booking process shall collect the biological substance sample from the charged adult as part of the booking process." (Colorado Revised Statues 16-23-103(1)(b)(II))

 

I was later taken to the charging county, Adams, booked in a second time, and a third DNA sample was taken.

 

During my September 7, 2011 preliminary hearing, District Attorney David Blackett specifically requested a fourth post-arrest collection of my DNA.

 

Ultimately, DA Blackett was allowed to request and receive 5 post-arrest collections of my DNA - up to 4 months after my arrest.

 

"An agency collecting a biological substance sample pursuant to this section shall make reasonable efforts to determine if the Colorado bureau of investigation already holds a biological substance sample from the adult." (Colorado Revised Statues 16-23(4))

"...I will treat all persons whom I encounter through my practice of law with fairness, courtesy, respect and honesty..."

The only probable cause for my arrest was an alleged DNA match to the current case, and two cases obtained from CODIS (the national law enforcement DNA database).

 

In her August 9, 2011 report, Colorado bureau of investigation DNA Analyst Beth Hewitt noted a "match" between my DNA and the "DNA mixture" collected from the victim which "did not qualify" for upload to CODIS. As such, the two cases obtained from CODIS could not be attributed to me. Further, my DNA could not have been a match to any of the charged offenses because statistical analysis was not performed.  

 

The general acceptance of this final step [i.e., statistical analysis] is critical for the admissibility of DNA typing evidence because a declared match, unaccompanied by its statistical significance, is essentially meaningless.