This guy was confessing everything, and I appreciated it.
"Okay, so I guess after talking with you, I’m going to have to file a writ as soon as possible, and get into court as soon as possible. I really am going to have a judiciary hearing on everything you just told me, and I'm sorry, I know that you probably don't want to be thrown under the bus like this, but this could be the only way that I can get this kid out of prison. I'm hoping that the appeals court can hear this as soon as possible, and maybe go ahead and overturn the conviction and order a new trial. I'm very sorry, but after what you told me, I really don't think that there is any more of a clear-cut case of ineffective assistance of counsel. I know that this is going to probably put you in the crosshairs of the California bar, again, but I really don't see any choice."
He nodded his head. I think he knew that he was defeated. "Listen, I know what you're saying, and I can say that there has not been a night that has gone by since Jamel was convicted that I have not laid awake thinking about it. I feel terrible about what happened to that poor kid. Just awful. So, yes, I'll do whatever it is you need me to do. If you need to have an evidentiary hearing on a writ, then go ahead and apply for that writ, and I will show up for the hearing. I will tell the judge what I told you. I have nothing to hide. I mean, as you probably know, I'm still drinking. That has not changed. But there might be a way that I can have a little bit of peace of mind, if I could help get that kid out of jail.”
I took a deep breath, knowing that I was going to have to approach this appeal in a much different way than I thought I was going to have to in the first place. I was going to have to file a writ of habeas corpus, as I could not present evidence about the ineffective assistance of counsel to the appellate court on a regular appeal because the appellate court was going to only review mistakes that court might've made. That was not going to get me to where I wanted to go, but this probably would.
It was still long shot, but it was less of a long shot than it was before.
Chapter 10
I had to tell my law student that I was going to have to go exclusively with case law that would help me with my ineffective assistance of counsel claim, and that she was going to have to help me prepare a writ of habeas corpus so that I could get Jamel out of prison as soon as possible, and get this matter before an appellate court. So I filed my writ, and my student and I did research for the better part of the weekend, and I waited for the opportunity to hopefully have a hearing on the writ.
Two weeks later, I got my answer – the appellate court was willing to hear what I had to say about the ineffective assistance of counsel, and it set an evidentiary hearing for the following week. I was immediately giddy, beyond measure. I knew from my research that writs are not easy to win, and I didn't believe that this one was going to be easy, either, but at least I was getting a shot. The appellate court did not necessarily even have to grant an evidentiary hearing on this matter, so I knew that the petition that I had put into the court was good. I knew that it was well- researched, based upon facts, and I had included an affidavit from Jim in my petition, along with as much case law as I possibly could find on the matter.
So now it was up to me to put Jim on the stand to admit to the court about his problems during the trial, and hope for the best. If this writ of habeas corpus did not succeed, I still had the notice of appeal out, and I could still try to appeal the case on other grounds. However, I still was having trouble finding anywhere that the court had erred during the trial, so I did not believe that that would have gone very far. In other words, it was either win on an IAC claim or bust.
I called Avery to tell her the good news about the evidentiary hearing I was going to be getting on my writ, and she was ecstatic.
"What happens if your writ is granted?" she asked.
“Well, here's what happens. The appellate court could just order him released, which I don't think is going to happen, or, probably more likely, he will order a new trial. But, if Jamel gets new trial, at least we’re still in the game. Avery, I reviewed the transcript for this case exhaustively, and I really do believe that if Jamel gets a proper attorney on his retrial, he'll win. He’ll be acquitted. I just know it.”
“Well, good luck." She paused for a few minutes. "When are you coming back down to San Diego again?”
I’d been up in Los Angeles for the better part of the past two weeks, feverishly working on Jamel’s writ of habeas corpus. I knew that my San Diego cases were suffering because of it, but it could not be helped. I’d thrown myself into this case, wholeheartedly, and there was just no way that I could possibly not give it my all. Especially after meeting Aisha, and Jamel himself.
When I told Aisha that the appellate court had agreed to hear evidence on my writ, she was over the moon. But I could also tell that she was also wary not to get her hopes up again. I told her that even if the appellate court reversed the trial court's decision because of the ineffective assistance of counsel, we were not out of the woods yet. We had to probably go through another trial, and that was going to be hard on everybody involved. But I hoped that I could come up with evidence, or Regina could come up with evidence, about who the real perpetrator was in this case, and there would be the possibility that I could convince a prosecutor not to bring another case against Jamel, if the evidence that I found was compelling enough.
So, that night, I was working at my office late, when I got a phone call from somebody.
That somebody was Felicity McDaniel herself.
Chapter 11
I made an appointment for Felicity to come in and see me. I was excited to be talking to her, but I did not necessarily know what kind of evidence she was going to give to me. According to the trial transcripts, she did not even take the stand. She had told the prosecutors that she had no memory or recollection of what happened to her that night, she had no idea who raped and beat her, and she had nothing to say on her behalf. So the prosecutor did not even bother to call her to the stand. So, while I found it curious that she would be contacting me, I was not necessarily thinking that she was going to have any new information for me that would be helpful. Nevertheless, I knew I was going to have to talk to her and see what she had to say.
She came in to see me the following day. I was struck by how she looked. They always say that pictures don't do these actresses and models justice, and that was certainly the case with Felicity. I always thought she was a beautiful woman, when I saw her in the movies and in magazines, but nothing could prepare me for the way she looked in person. The only thing I could really say about her was that she glowed. Her skin was perfect, milky white, with not a line present on her face at all. It was as smooth as a baby's skin. Her eyes were multicolored, a mix of bright green and blue, with a little tiny bit of hazel around the iris, and they were framed by lush dark eyelashes. Her face was sculpted, her lips were full, her neck swan-like, her bearing regal. Her blonde hair was straight and thick and perfectly styled. When she walked into my office, it was as if she were a panther stalking its prey - she was so lithe and graceful, she took my breath away.
I had read a little about her in the tabloids, and in the magazines, and I discovered that she did not seek out modeling jobs, the scout found her sitting outside a coffee shop, and the rest was history. Neither did she seek out acting jobs. Her agent sent her to one gig and she got it immediately, a starring role in a major motion picture. Ever since then, she was one of the most highly sought after actors in Hollywood. Most actresses and models would have been terribly jealous of this woman because she did not have to do anything that most of them had to do. The cattle calls, the humiliations in front of studio heads and modeling agencies, none of that. She just fell into jobs because she was that beautiful, and that talented.
And, she was breathtaking. Absolutely breathtaking.
And yet, she had a certain vulnerability that really shown through when she sat down in front of me, and clutched her purse in front of her tightly with white knuckles. Her nails
were perfect, and painted white, and, when she sat there in front of me, not saying a word, she was biting her lower lip while looking down at my desk.
"Ms. McDaniel, you called me to tell me that you wanted to see me?” I asked, breaking the ice.
She nodded her head. "Yes. I needed to talk to you. I know that you have Jamel Jackson's case, and I heard through the grapevine that you're going to have a hearing on whether or not he should stay in prison. What kind of hearing is it again?”
I cleared my throat. "It's called a hearing on a writ of habeas corpus. Basically, the appellate court has scheduled an evidentiary hearing on whether or not Jamel had ineffective assistance of counsel, so much so that if the counsel would've not been ineffective, Jamel would have been acquitted in this case. That's what I need to show. Not just that his counsel wasn't effective, but also that he would have been acquitted, but-for the counsel being so terrible. It's still a long shot, don't get me wrong, but it's the only shot we have.”
She nodded her head. "I hope you win. I really do." She carefully tucked some strands of her blonde hair behind her ear, and then she nervously gripped her purse tighter in front of her. I could see her swallowing. I could see her breathing hard.
"You do hope I win?”
She nodded her head again. "Yes. I really do hope you win.”
"So you don't think that he is the one who raped you?" Why did I think that she did not have memory loss as to what happened that night? I mean, Jamel had been convicted for raping her, and if she really did not know who had done it, I wouldn’t think that she would be on my side. She would have believed that Jamel had raped her, because that's what the evidence showed and that’s what the jury found beyond a reasonable doubt.
At least, that's what the prosecutor's evidence showed. The defense attorney did not show any evidence at all.
She shook her head. "No. I do not believe that he is one who raped me. That's what I wanted to talk to you about. I don't know what happens if you win on this case?”
"Well, if I win on the writ, Jamel might be released completely. Although I don't think that's going to happen. That would be my dream, of course. But, most likely, if I win on the writ, he'll be tried again. But I will take over the helms on his retrial. So, hopefully, with any luck, Jamel will be acquitted.”
"I don't know,” she said. “I mean, I don't think you know what you're dealing with here. Who you're dealing with here. Is there any way possible that Jamel would not have to go through the trial?”
"Do you know more than you told the cops about who did this to you?" I blurted out.
She didn't say anything, which spoke volumes to me. "Listen, you didn't answer my question,” she said, instead of answering my question. “Is there any way possible that Jamel will not have to go through another trial?”
“Yes. As I said earlier, there is a possibility that if I win on the writ of habeas corpus, the appellate court will just order that the trial court is reversed, and not remanded, which means that Jamel will be free. He will be released, but, as I said, I don't think that this case is going to happen that way. We are going to have to go through a new trial. I'm sure of it. And, even if the judge reverses the trial court and does not remand, the prosecutor can still re-file the charges against Jamel. Nothing precludes that. So, I would say that there’s a 99.9% chance that there will be a new trial, even if I win on my writ.”
She started to breathe very hard. "Here's the thing. If he goes through a new trial, and he's acquitted, he is in danger. You're in danger. I'm in danger. Everybody's in danger.”
So she did know who did this to her, and she was terrified of him. “Be that as it may, I'm sorry, but I think that you know for a fact that my client did not do this. And, if he did not do this, then he has to have another chance to show the court. The only way he's going to get that chance is if I win on a writ. So, I know that you’re trying to tell me something about the real person who did this, but I can't let that deter me. I hope you understand.”
“No, I hope you understand,” she said. “I mean, there's a reason why I did not tell the court the truth about what happened to me. I had to sit there, and see that poor kid get convicted for something that somebody else did. Believe me, it was hardest thing I’ve ever had to do. I’ve not been able to sleep ever since then. But I knew that I had no choice. If I would've told the truth, I would not be sitting here in front of you. I would not be sitting here in front of you, I would be dead.” She blinked her eyes. "All I can say is that you have to step very lightly with this case. Be very careful. Because if you're not, you will be disappeared. So will Jamel. And so will I.”
Now this was about the oddest thing I’ve ever experienced. "I don't understand.”
"You will. I'm sorry, it's all I can really say to you, except for that you will find out what I'm talking about." She looked around the office, as if she was afraid that the person who she was talking about with me was around somewhere. Maybe he was.
"Listen, if you know something, which I know that you do, you need to tell me. You need me to tell me who did this. As I said, I think that there's a good chance I can get the conviction overturned. But then when it comes to getting a new trial, it's going to be a whole new ballgame. I’m going to need your testimony. It's going to be crucial. In fact, if you talk to the prosecutor, and you told him –“
When I said the words “the prosecutor,” she seemed to shiver. Her face got very white. “Listen, I really want you to listen to me. This is a very dangerous man. I suppose that Jim Stack told you that during the trial, or right before the trial, his father died? He told you that, didn't he?”
"Yeah, he did. He did tell me that his father died right before the trial began. Why?”
"Do you think it's a coincidence that the attorney for Jamel was somebody like Jim Stack? Somebody who was on the edge to begin with? Someone who had a lot of personal problems with addictions, not just drinking and drugs, but gambling?”
"I don't know what you're getting at. After all, he was working at the public defender's office at the time. I just assumed that he was just given the case by the head of the public defender's office, and that was that. I didn't think that there was anything to it.”
"If you don't think that there's anything to it, then I don't know what to say to you. I'm trying to tell you something here. I'm also trying to tell you that it was not a coincidence that his father died before the trial. You have to listen to what I'm saying to you here.”
"Are you saying that Jim Stack's father was killed?”
“Listen, I'm not saying that at all. I just want to tell you that what happened to Jim Stack's father right before the trial was that he was killed by a mugger on the street. He was held up at gunpoint, and he apparently gave the guy his wallet, but the guy shot them anyways. Now, it was known in the legal community that Jim Stack had a problem. Honestly, I don't know why he was ever hired by the public defender's office in the first place. Maybe there is a story behind that one as well, but I don't know. But, it was known that Jim was having a lot of problems with addiction, so, when his father died right before the trial, what do you think was going to happen? Do you think that the guy who was on the edge in the first place, who lost his father, is going to give anybody a good defense? The answer to that is pretty simple. No. And he should have been taken off the case when his father was murdered like that. But he wasn't. I don't know, maybe he told his superiors that he was going to be able to muddle through, but obviously he wasn't. All that I can say is that there is a powerful force who wanted to make sure that Jim Stack defended Jamel Jackson in this case, and they wanted to make sure that Jim Stack had so many issues during that time that he was going to be checked out, completely. And, I can also tell you another thing – you weren’t supposed to be on this case. Nobody was supposed to be on this case. What was supposed to have happened was that Jamel would not have been able to afford to hire somebody to write a writ of habeas corpus, or an appeal, and he was supposed to spend th
e rest of his life behind bars. Now, here you are, taking the case. Which I think is great. But you are messing with their plans.”
"Who do you mean when you say their plans? Are you saying that there is more than one person involved in this?”
"I'm saying that there's a lot of people involved with this. A lot of people are very interested in making sure that a certain person never pays for the crimes that he perpetrates on women. That he has perpetrated on women for years. Trust me, it’s like a coven of witches around him. It goes beyond the good old boy network. It goes way beyond that. I don't want to tell you to drop this appeal. I don't want that poor kid to spend the rest of his life in prison. I really don't know what to do here. I've been put into this terrible dilemma, where I can't live with the shame and guilt of a kid like that Jamel being in prison. I mean, I studied him while I was there at the trial, and he seems like such a nice kid. He seems like somebody who really is a good egg. And, he saved my life. I can't discount that at all. I mean, if he did not save my life, if he did not call 911, he would've never gotten into this position in the first place. A lot of kids in his situation, seeing a woman like me near death by the pool, they would just run, because they did not want to get involved. But he did not run. He called 911, and I was saved.”
Her delicate white fingers were tapping on my desk, and I could see that she was shaking all over. She started to cry, and I silently pushed my box of Kleenex over to her. She gratefully took a handful, and dabbed her eyes.
Wrongful Conviction Page 6
