By CELESTE M. HART
“I am a little disappointed but expected it. I was very hopeful, now, a little discouraged but the next step, to clear my name, will be forthcoming. I am excited that we can appeal their rejected DNA testing through the process. I will not give up,” said Raymond Allan Warren, from Lucasville, an Ohio maximum prison, one of many for 27 years.
Warren just received notice the court denied his request, submitted, June 2021, for DNA testing fingerprints on shell casings, according to Montgomery County, Dayton, Ohio, court docket, journalized, January 21, 2022. Ohio Public Defender’s Wrongful Conviction Attorney Joanna Sanchez represents Warren, since 2014. Prosecutor Mathias Heck opposed the testing and claimed that even without Warren’s DNA on casing, he would still be guilty. The official denial states:
“Because the fired casings were handled without gloves by the firearms examiner at the time of comparison, any DNA that may have been present has likely been obliterated. Additionally, extraneous DNA from the examiner and any other items handled in the relative time period could be sources of contamination. Because the fired cases are no longer in the same condition as found, the items are unsuitable for touch DNA testing.”
“Defendant’s arguments related to other admissible evidence appears to be a not-so-veiled effort to obtain a new trial when his prior efforts to obtain leave to file a motion for new trial based on the same evidence was not successful.”
Warren, at 17-years-old, convicted of murder, 10 whites on jury, in the death of Wendell Simpson, then 41, July 1994, Dayton, Ohio, maintained his innocence since the beginning while Heck maintained his guiltiness. Even though, two witnesses, Chante Hunt, then 16, and Antonio Johnson, 14, recanted statements, both said coerced by detectives, questioned without parents or an attorney present.
“I was given a statement that was prepared by one of the detectives and told to read it aloud, while they videotaped me. I was only 14 and scared,” said Johnson, via recantation affidavit in 2008.
Hunter recanted in 1999, said the detectives threatened to charge him with Simpson’s murder if he did not implicate Warren and testify in court. Warren said, now, both are ‘on deck’ for his exoneration.
The court’s decision stated the recantations came too late and the teens had the opportunity to recant during cross-examination at original trial.
The trio, Hunter, Johnson, and Warren who was known as the ‘neighborhood mechanic’ hung together the day of the killing, worked on a moped, and were stopped by Simpson who requested to buy drugs and possessed fake dollar bills rolled into real bills. Neither teen sold drugs, the man drove off, then a gunshot sounded from a near distance and curiosity drove the teens to the scene.
“I thought I was helping the police. I offered to have my hands tested for gun residue,” said Warren.
The residue test used, now scientists consider, ‘junk science’, found chemicals on left-handed Warren’s right palm, consistent with chemicals on brake pads or in the back seat of a police car.
Patricia and John Moreland testified they witnessed two people reach into Simpson’s car that crashed after the shooting, removed something, turned the ignition off, and left the scene.
Georgetown University students, Eleanor Haney, Kayla Wyatt and Michael Yedibalian, featured Warren in 2021, Making an Exoneree, documentary that showcased innocent inmates and their families.
“It’s been a long nightmare that I can’t wake up from. He has a mother who will do anything in my power to keep him (Warren) safe. I will not be quiet. I can’t die while my son is not exonerated.” said Mary Miller, Warren’s mother.
In 2012, Warren said, 14 to 15 Aryan nation inmates physically jumped him in a Toledo, Ohio prison, he tried to defend himself thus charged with assault and transferred to Lucasville, rated the most violent in Ohio, in 2016, by the Correctional Institute Inspection Committee.
Throughout the 27 years of fighting for justice, the courts consistently denied his motions, including his request, to wear civilian clothes, unshackled, for an appearance in court hearings, overruled his access to public records, denied every motion for consideration for new trial.
“I am fighting to prove my innocence and hope people pay attention…I was just a kid. Why am I still here?”, sobbed Warren.
https://pro.mcohio.org/pro/servpdf.aspx
Justice Mary Donovan, wrote in her dissent for Warren’s 2019 appeal;
“I would reverse and allow Warren to file a motion for a new trial. At every turn, this record suggests counsel has failed Warren. On this record, I would conclude that Warren has adequately explained his reasons for the delay in seeking leave to file a motion for a new trial. His conviction rests partially upon discredited gunshot residue evidence and the testimony of two young teens who have recanted. “Those who claim wrongful conviction face nearly insurmountable procedural obstacles in attempting to prove their innocence.”
“Accordingly, in my view a confluence of factors — poor lawyers, recanted testimony of children (whose vulnerabilities are well recognized in law), and disputed firearm evidence — present a real risk Warren’s conviction may have been unjust. At a minimum, the motion for new trial warranted a merit determination and was timely filed under the circumstances. I would reverse.”
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