My attorney admitted he was aware of this witness and the medical conditions and affects on my ability to engage in strenuous activities. But he never interviewed or called the doctor to testify at trial. It was his decision not to present any witnesses. Exhibit Q
My brother, Daniel O’neill, was not called at the evidentiary hearing, because he is now deceased. Mr. Ciccone, my attorney, testified to the following:
Q. Specifically Danny O’neill, did he discuss this matter with you?
A. Absolutely.
Q. Mr. Ciccone, do you specifically recollect Daniel O’neill telling you the sneakers
that were confiscated were his?
A. I remember having a conversation with Danny. I remember having a conversation with Francisabout the sneakers and I remember Danny specifically telling me, Danny told me they were his and when I told Francis what Danny had said he laughed and said of course, I told you they weren’t mine, they were Danny’s. It was my judgment that at this point in time his (Danny’s) entry into the case would not absolve his brother. It would just implicate him as part of the group. The case was a highly charged racial killing. It was made up, it was on the front page of the Daily News every day and if Barbara Christie could have gotten the entire O’neill family involved, she would have. It went on and on and on and my feeling at the time was that whatever Danny had to say would only get him right into the box and help nobody.
Judge Blake stated: “The defendant has fallen woefully short of meeting this burden. The testimony of the proffered witnesses was incredible and counsel would have been foolish to present them at the trial. Moreover, there is no showing that the witnesses were ever made known to counsel prior to or during the course of the trial…in short, the physician’s testimony had it been presented at trial would not have helped the defendant and might well have further weakened his case. Under these circumstances, trial counsel decision not to use such testimony was a reasonable one”. Trial Court Opinion
In 1999, I retained attorney Gregory Knight to represent me in my application for clemency. He investigated the case. In doing so, he spoke to Mr. Lawrence, who requested a release form from liability prior to speaking with him. Mr. Knight and his legal advocate, Ms. Wilt, interviewed and obtained a statement from him, which he stated he told detectives and the prosecutor it was not me he had seen on June 17th, 1979, but they wanted him to say it was and they would do the rest. Lawrence also added the prosecutor and her boyfriend took him out of prison to dinner repeatedly and prepped him for his testimony. Lawrence's Statement and Exhibit R
IT’S BEEN AN UPHILL STRUGGLE FOR JUSTICE:
I’ve faced roadblocks at every turn. The upshot is to whipsaw me back and forth between the courts with no hope of obtaining justice. My access to the courts has become more limited, almost non-existent. The courts now refuse to address the case or any newly discovered evidence, claiming I am time-barred from justice due to new anti-terrorism laws since enacted. It is hard to believe that the war on terror stops justice dead in its tracks, even when you’re innocent!
Recently, the Pennsylvania State Senate established a new “Innocence Commission”. Ironically, they review cases that already have been overturned by the court and the person in which has been already released from prison. But they do not review cases of innocent people in prison! Exhibit S
It was a terrible crime that was committed, but I was in no way connected with it.A young man lost his life, my brother paid with his life, and Forbes, the self confessed triggerman, died in prison some years ago.I am still paying with mine in a case of mistaken identity.My only hope for vindication in clearing my name lies in the voice of the people like YOU!!I badly need your assistance.I can’t afford to “purchase” freedom, but YOU can help make it possible for me to achieve it.