By CELESTE M. HART
Judah Fudge, wrongfully Incarcerated by false eyewitness identification in robbery
Judah Fudge, 23, in prison since age 18, arrested April 24, 2016, did not have the privilege of obtaining a competent attorney. I obtained the police report and discovered a problem with the eyewitnesses and the robbery victim’s identification of Fudge. Varied descriptions of the passenger in robbery suspect’s car included, a Black male, about 5’4, blue jacket, no facial hair, with a cross tattoo on his face. In another police report, the robbery victim, Joseph Simmons, described the passenger as a Black guy with a cap on and bald. The report states that another eyewitness said he could not see the passenger’s hair under the hoodie. His picture from the week of incident here:
Simmons said he was robbed at a gas station, where Fudge lived near and shopped frequently, by two guys with guns. The next day, Warrensville Hts. police pursued the stolen car and Judah was the passenger. The police report states even though the BMV card was not similar to his present image, Simmons still identified Judah and this time stated the passenger had a hoodie, not mentioned in previous description. Judah, as clearly shown in picture, does not have a face tattoo and has long dreds. Judah admitted to being the passenger when the police caught them in the stolen car, but he was not a passenger in the car, nor involved in the robbery or had possession of a gun, the previous day.
Fudge, charged with aggravated robbery, robbery, kidnapping, having weapons under disability, receiving stolen property and disrupting public service, pleaded guilty to four of the charges.
Fudge, led to believe by his attorney, Mikey Mottl, that he would receive three years of probation, so he pleaded out, young, scared and not knowing the system. He never admitted to the robbery. The victim did not appear in court as he was arrested the same day as Judah, on a robbery charge. Judge David Matia sentenced Fudge who had one prior case, to nine years in the worst of the worst of prisons, the maximum security Lucasville. The inhumane conditions, described below, continue today including newest complaints of showers not available and the staff is ‘messing with the food,” according to an inmate.
A former inmate filed a lawsuit against the warden and staff at Lucasville for brutality and assault by correctional officers, an excerpt; “incarcerated from July 3 – 7, 2014 in a segregation cell without bedding, food or running water and which also was infested with roaches, fleas and mice and contained a plugged up toilet..”
In a phone conversation with Attorney Mottl who does not remember the case, although he asked how Judah was doing. I also spoke to Mottl’s father, Attorney Michael Mottl, who said, in regards to the plea deal, “that doesn’t make sense.”
Matia is arrogant, just arrogant,” says another lawyer. “He thinks he is really something special,” excerpt from 2007 Cleveland Scene magazine.
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