JURY. SPECIFICALLY, AN INCIDENT WHERE DET. BUENROSTRO
HAD THREATENED TWO JUVENILES INTO SIGNING FALSE STATEMENT
AGAINST THE APPLICANT. (E) COUNSEL FAILED TO PROTECT APPLICANT'S INTEREST AND CONSTITUTIONAL RIGHTS/ AFTER STATE WITNESS BEATRICE
TREVINO REVEALED WHAT HAD OCCURRED BETWEEN HER AND THE H{HKUKR/
(e.g., COUNSEL FAILED TO AS FOR A CONTINUANCE/ TO INVESTIGATE
THE POST-EVENT INFORMATION BREATRICE TREVINO HAD BEEN EXPOSED
AND HOW IT INFLUENCED HER IDENTIFICATION. FAUHNG HJREQUEST THAT
BEATRICE TREVINO'S IDENTIFICATION BE SUPPRESEED AND STRIKEN H€M
THE REDORD. BASED ON BEATRICE TREVINO'S IDENTIFICATION HAVING
BEEN CONTAMINATED BY THE STATE. FAILED TO REQUEST A MISTRIAL/
PURSUANT TO THE STATE NOT DISCLOSING THE PRE-TRIAL INCIDENT
BETWEEN BEATRICE TREVINO AND THE PROSECUTOR AND THAT BEATRICE
TREVINO'S IDENTIFICATION HAD BEEN CONTAMINATED BY THE STATE.
l
FAILED TO REQUEST A JURY CHARGED THAT INFORMED THE JURY HOW SUGGESTIVE POST-
qu@;LNEQRMAIION;c N EFFECT AN EYEWITNESS MEMORY).
Rev. 01/14/14
GROUND THREE:
APPLICANT IS INNOCENT AND THIS CONVICTION WAS OBTAINED BE THE THE CUMULATIVE EF`FECT OE` DENIAL AND VIOLATIONS OE` THE STHAMEND., 6TH AMEND. AND 14'1'[~1 AMENDMENT OE` THE U.S. CONTITUTION.
FACTS SUPPORTING GROUND THREE:
THE PRIMARY CONVICTION WAS OBTAINED BY THE E`OLLOWING CONTITUTIONAL
VIOLATIONS: PROSECUTORIAL MISISCONDUCT AND INEE`FECTIVE ASSISTANCE
OE` COUNSEL. HEREIN/ GROUND NUMBER ONE AND GROUND. NUMBER TWO
ARE ADOPTED AND RESTATED.
Rev. ()l/l4/l4
ll
Rev. Oi/l4/i4
GR()UND FOUR: APPLICANT IS INNOCENT AND THIS CONVICTION WAS OBTAINED BY
VIOLATIONS OF THE 5TH AMEND./ 6TH AMEND./ BTH AMEND./ AND THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION.
FACTS SUPPORTING GROUND FOUR:' APPLICANT'S CLAIM OF INNOCENCE HEREIN, IS INTERTWINED WITH THE
CONSITUTIONAL VIOLATIONS CITED AND ARGUED IN GROUND NUMBER ONE/
GOUND NUMBER TWO AND GROUND NUMBER THERE OF THIS APPLICATION.
(AMENDMENTS)> PURSUANT TO A PRIMA FACIE SHOWING OF ACTUAL INNOCENCE, THE
FOLLOWING IS CUMULATIVELY SUBMITTED: THE PRIMARY CONVICTION IS BASED ON THE
TRIAL IDENTIFICATIONS BY WITNESSES (RAUL C-I.]ERRER), YVCI\NE (H\]ZALES & BE`A'IRICE ']REV'.ND)/
AND SCIENTIFIC TESTIMONY OF (I:R. A.J. ALA[V[[A). FIRST, GONZALES HAS RECANTED HER
TRIAL IDENTIFICATION OF THE APPLICANT/ SPECIFICALLY AN'IMPROBABLE' "EYES"
IDENTIFICATION. ADDITIONALLY/ FCRE[\EIC CPIUVIE!]RY SECIALISI' DR. PAUL lV[[G-lEL, EU]ND
GONZALES' IDENTIFICATION OF THE "EYE" BLATANTLY INVALID'. EUR]I-IERIV[RE/ BALLISI'ICS
EXPERT MAX SCOTT DETERMINED/ THAT GONZALES' TRIAL VERSION OF` THE SHOOTING
WAS MISLEADING AND FALSE. GINZALES' ]IENI'IFICA'I'ICN @` APPLICDNI"S EMES, WAS BASF_D AND
OCRE{B;RATED CN HER VERSICN OF ']I-]E S-IDI'ING. THESE TWO EXPERTS "CORROBORATE" THE
Rev. Ol/l4/l4
MISIDENTIFICATION, GONZALES HAS REVEALED. SECOND, BEATRICE TREVINO RE[`ANIED
AND ADV[['I'IED S-]E MIS]DENI'IE'IED ']I-]E APPLICANI'. [2] ADDITIONALLY/ THERE ; IS NOW MTC
EVIDENCE O.\] ]§CSI' EVENI' W[[S]I_\IEUVIA'I'ICI\i/]l\]ECRlVIA'I'ICI\L THAT SHOWS/ THE STATE INFLUENCED
AND CONTAMINATED TREVINO'S IDENTIFICATION OF' THE APRLICANT,_;AFTER TREVINO
CONFESSED TO THE PROSECUTOR SHE BELIEVED SHE HAD_MISIDENTIFIED ']I']E APPLICANI'.
THIRD, DR._`A\_LAMIA'S SCIENTIFIC TESTIMON¥/ WHICH THE STATE RELIED_ON TO
CORRQBORATE THE _TESTIMONIES,__._QE_=_\=THE STATE'S WI_TNESSES.. HAS NOW BEEN,SHOWN TO
HAVE BEEN MISLEADING AND INCORRECT.'- IN A NUTSHELL, MOST OF THE EVIDENCE 'IHAT
THE` STI-\TE USED TO OBTAIi_\l THIS. CONVICTION/ HAS NOW BEEN SHOWN TO HAVE BEEN
,UNRELIABLE, M;SLEADING AND_INCORRECT. THUS, ESTABLISHING A PRIMA EACIE
SHOWiNG OF ACTUAL INNOCENCE. BUT/ IN THE INTEREST OF JUSTICE AND ON BEHALF
>OF AN INNOCENT MAN/