THE UNTOLD STORY | Justice4renaldo

The Untold Story of Renaldo Phillips

Renaldo T. Phillips GDC 1101225

This case was unsolved for 4 years. It took place August 17, 2002. After taping off the crime scene for fingerprints and evidence, a shell was found and stated to be from a 22 caliber gun. In 2002, the fingerprints was processed by the ASDS system and the identification card having no match. The only matching fingerprints found were the victim’s and all other fingerprints were unsuitable to be compared. At 16 years of age, Renaldo was charged as an adult for telling his young male friend to put his feet on the brake and back the car up. A car they got from a couple in 1998 at gunpoint. The guy with the gun was charged with armed robbery. His charges were dropped to 10 years’ probation, 5 years’ time served. Renaldo received the same charge for armed robbery with 10 years’ probation and 3 years’ time served. His fingerprints were already in the ASDS system. In 1998, the Prosecutor was Noah Pines. So after 4 years a girl who Renaldo formally had sexual relations, called Dekalb County Jail and gave a statement that she knew about an unsolved murder. She stated that she had a baby by my son, Renaldo, (which could not be true since he was incarcerated when she was pregnant) and was afraid of him, and went on the say that he needed to be locked up. For her testimony, the officers agreed. She said, “in 2000 there was a murder in some apartment in Highland. The Detective corrected her about the year because she stated it incorrectly. She then changed her testimony to yes, yes that was when it happened. She also stated his mother left her to babysit her kids while I went to work. I, Cynthia Andrews, for the record, never asked Shonlonda Brown to babysit my children. Her name is actually Kolonda Smith. She went on to tell Dekalb County Officers that she saw a gun and witnessed my son burn a wallet and credit card with the deceased’s name, Bah, on it. The police came to my home in 2006 with a search warrant for a fugitive. We were instructed to lie down on the floor with heavy artillery directed at us. One of the officers had 2 mug shot photos on of them was my son’s associate who he stated was the gunman. The Detective, at this time the detective stated that Renaldo needed to come in and make a statement. My son never admitted to anything. He emphatically stated he did not kill Mamdau Bah and never wrote a statement about what he was being charged. At the time he asked for an attorney. During the interrogation, he was interviewed by 3 Detectives, the tape was destroyed by tampering. The only confirmation of this interview was Detective Sim’s account
when he was called as a witness. At this time, he stated that Renaldo said “my nigga wouldn’t do this to me. I have had the tape restored and reviewed and there is no evidence of this statement ever being said.

He was held without bond and his preliminary hearing was denied 3 times. At the jury trial, one of the jurors called the District Attorney and said he couldn’t make it to court and to use the letter supposedly written by Renaldo. 2 days before the trial the codefendant testified against Renaldo. All evidence was legally required to be submitted 10 days before the trial.

This was unfair to Renaldo. To get a fair trial, he had to have had enough time to examine all the evidence. Their primary witness never appeared in court and later recanted her statement in a letter to the District Attorney. The prosecuting attorney was John Melvin. There was never any witness or DNA match to my son. If there is any evidence, it must be produced 10 days before the trial begins. The original sitting judge was Ann Workman, for the first three months, but left during the trial to go on vacation. The case was then presided over by Magistrate Judge was C. David Woods. There are several important violations with the prosecution of my son:

GHCA 9-14-1 (6) 9-14-40 and 9-14-33
1 - An usurper or an unauthorized judge presided over the proceeding in the convicting court when the petitioner was convicted.
a - Streep v. Proden 30se948(1898)

failed to meet the USCS3.3

b – Jecket v. State 432se586(1993) The court held that a defendant was not put in jeopardy when he was tried by a magistrate siting as a state court judge and the magistrate did not meet the requirements to sit as a state court judge. If 2 defendants are tried by a court not having venue of a crime he may be tried in a court with venue.

2 – Appellate Attorney was ineffective where he after being advised by his client to raise insufficient evidence claim. His strategy was an unreasonable one and had he raised the issue the outcome would had been different.

a - Sheter v. Waters

b - Superior courts – under this state’s constitution and statutes, a jury in the Superior court must be composed of 12 members. GA Con 1976 Art 6 sec 15 Per 1.

c – A unanimous vote is needed to convict in a criminal trial. Bellew v. GA 435US223, 98 Sct 1029 55 Led2d234.
d – Trial by 12 jurors is essential; as a common law anyone accused of a crime is entitled to a trial by 12 upright and intelligent men, if the right is to be preserved. Wright v. Davis 193se757 (1937) Georgia Constitution 1577 Art 6 Sec 18 Per 1

3 – Verdict contrary to evidence and principles of justice and equity. Acquitted for firearm possession but found guilty of murder, felony murder, armed robbery and aggravated assault.
a – If a defendant is charged with 2 or more crimes and is acquitted on one which necessarily includes a finding against the others, which is essential to the conviction of the same, the other charges must be reversed. Even v. State 227 se2d448.
b – Shehee v. State 3045e54. The dertermining factor in deciding whether verdicts are repugnant is (Quoted above) then. If so, the evident is then insufficient to support a verdict of guilty to the charges.

OCGA 16-1-8 (a)(d)(2)

A retrial is barred where it has been determined that there was insufficient evident to support an earlier conviction.

4 - Habeas petitioner correctly argues that his sentence for armed robbery must be set aside as a lesser included offense to felony murder. Wilson v. Zant 290se2d442.

A defendant may not be convicted of felony murder based on an armed robbery since the armed robbery is the lesser included offense to felony murder. Atkins v. Hopper 234 GA 330,

33(B) 216se2d89; but armed robbery is not a lesser included offense to malice murder: If there is a single victim one may not be convicted of both of the underlying felony and of felony murder.

5 – Due Process Rights Violation - Prosecutorial Misconduct – The District Attorney unfairly and unjustly deprived me of liberty and provided in oath and unfortunate
a – He perjured himself before the judge, in violation of 16-10-70
b – Influencing witnesses 16-10-93
c – Accomplice Embracery 1This was unfair to Renaldo. To get a fair trial, he had to have had enough time to examine all the evidence. Their primary witness never appeared in court and later recanted her statement in a letter to the District Attorney. The prosecuting attorney was John Melvin. There was never any witness or DNA match to my son. If there is any evidence, it must be produced 10 days before the trial begins. The original sitting judge was Ann Workman, for the first three months, but left during the trial to go on vacation. The case was then presided over by Magistrate Judge was C. David Woods. There are several important violations with the prosecution of my son:

GHCA 9-14-1 (6) 9-14-40 and 9-14-33
1 - An usurper or an unauthorized judge presided over the proceeding in the convicting court when the petitioner was convicted.
a - Streep v. Proden 30se948(1898)

failed to meet the USCS3.3

b – Jecket v. State 432se586(1993) The court held that a defendant was not put in jeopardy when he was tried by a magistrate siting as a state court judge and the magistrate did not meet the requirements to sit as a state court judge. If 2 defendants are tried by a court not having venue of a crime he may be tried in a court with venue.

2 – Appellate Attorney was ineffective where he after being advised by his client to raise insufficient evidence claim. His strategy was an unreasonable one and had he raised the issue the outcome would had been different.

a - Sheter v. Waters

b - Superior courts – under this state’s constitution and statutes, a jury in the Superior court must be composed of 12 members. GA Con 1976 Art 6 sec 15 Per 1.

c – A unanimous vote is needed to convict in a criminal trial. Bellew v. GA 435US223, 98 Sct 1029 55 Led2d234.
d – Trial by 12 jurors is essential; as a common law anyone accused of a crime is entitled to a trial by 12 upright and intelligent men, if the right is to be preserved. Wright v. Davis 193se757 (1937) Georgia Constitution 1577 Art 6 Sec 18 Per 1

3 – Verdict contrary to evidence and principles of justice and equity. Acquitted for firearm possession but found guilty of murder, felony murder, armed robbery and aggravated assault.
a – If a defendant is charged with 2 or more crimes and is acquitted on one which necessarily includes a finding against the others, which is essential to the conviction of the same, the other charges must be reversed. Even v. State 227 se2d448.
b – Shehee v. State 3045e54. The dertermining factor in deciding whether verdicts are repugnant is (Quoted above) then. If so, the evident is then insufficient to support a verdict of guilty to the charges.

OCGA 16-1-8 (a)(d)(2)

A retrial is barred where it has been determined that there was insufficient evident to support an earlier conviction.

4 - Habeas petitioner correctly argues that his sentence for armed robbery must be set aside as a lesser included offense to felony murder. Wilson v. Zant 290se2d442.

A defendant may not be convicted of felony murder based on an armed robbery since the armed robbery is the lesser included offense to felony murder. Atkins v. Hopper 234 GA 330, 6-10-91
d – In with Mr. Greens 16-10-71
e – False swearing of victim’s wife; subornation of perjury 16-10-72
f – False official certificated or writings by Medical Examiners 16-10-23
(impersonating a public officer)
g – Making continued reference to facts not in evidence

6 – Appellate Attorney labored under conflict of interest. Former Dekalb District Attorney sent defendant to prison April, 1999, this was unknown to the defendant. At the time of the crime, Appellate Attorney worked for District Attorney’s office.

My name is Renaldo Phillips, I am currently serving 2 consecutive life sentences for crimes I did not commit. I was convicted in Dekalb County by Magistrate Court Judge C. David Wood in a trial that took the State only one day to present their case. My trial lawyer was Attorney Glennzell. I am concerned that my Appellate Counsel Noah Pines was negligent. I believe there is a conflict of interest due to the fact that he was the prosecutor on a previous case concerning me. According to the Prosecution, I committed an armed robbery March 17, 2002 and Murder August 17, 2002 to the same victim. My trial was held on January 8-11, 2007 in Dekalb Superior Court. A new hearing was denied in January, 2008. An appeal was filed June and Oral Argument were held in September, 2008. My appeal was denied February 2009. A motion for reconsideration was filed timely and denied April, 2009. The Supreme Court decision was to hold the case until the Attorney showed evidence of the harmful effects to his client. He did not respond as directed. This late action caused the case to go to Habeas Corpus. The Appellate Attorney, Noah Pines, informed me that he would file a federal habeas corpus because of the Constitutional violations. He did not follow through as promised and now I am trying to go through the next phase of habeas corpus to try and get this conviction overturned. I am writing you again in desperate need of representation for the issues surrounding my current imprisonment. I’ve been placed here illegally according to the law books here in Hancock State Prison and no one can convince me otherwise. If you could only check the issues, I believe you would uncover the truth through the facts. Inadequate representation has placed me in a terrible position. There is such a great weight that an error in the law and facts will cause me to die here. While I was convicted before the 30 year law, I was sentenced in its regard. Also poor representation has cost me to be impaired in my defense. The possibility of me being freed through handwriting and fingerprint expert analysis is diminishing. There did not exist any ballistics or DNA evidence. The pathologist conclusions should have been challenged because of missing pieces of the case’s foundations charged non-stopping. I understand that the habeas corpus courts will not allow me to retry the case. So if this is indeed the truth how does the law provide for people who were convicted of crimes that occurred at a time when they had an inadequate attorney and subsequently had an

ineffective Appellate Attorney? Safeguard laws were effect that the law unshielded me when the evidence itself is misrepresented and appeared to be facts but its truth, veracity and authentication were never verified. The evidence was never provided to defense counsel and relevant documents were disregarded and it constitutes of denial of the rights to defend myself where from the very people that are sworn to protect has failed, using my prior history to convict me.

Facts:

Please listen & Let's Free Renaldo Phillips!