I served time in jail for a crime that I was never charged. The charge "to beat" on indictment and on the verdict sheet "homicide." (I was found not guilty of
the homicide, even though I was never charged). Neither were the other 5 co-defendants. (3 of which are still serving time).
All certified copies of the paperwork to include, bill of indictment and sentencing report do not match the crime, the verdict sheet or the sentence of which I was convicted.
My bail was raised from $25,000 for an "aggravated assault" to $100,000 then to $350,000 then to $500,000, without explanation.
(This was my first arrest/offense)
I was convicted of a flat criminal conspiracy and served a 5-10-prison sentence. (The charge was not graded).
On appeal, the court remanded the decision back to the judge for "clarification" as they stated they were not sure of what the crime "overt act" I was convicted.
The court also stated that the bill of indicted stated that the overt act is "to beat" and that appellate was never charged with murder. So the only assumption
according to the court was a "possible" aggravated assault.
As per the verdict sheet, I was found not guilty of all overt acts to include, criminal homicide, aggravated assault and reckless endangerment. ("To beat" was
not on the verdict sheet).
The Judge (Jane Cutler-Greenspan) never answered the remandation back to her from the appellate court and the District Attorney of Philadelphia (Lynne Abraham), made the argument for murder. I am not sure how it is possible a District Attorney (out of her scope of practice) can argue a crime to a higher court that I was found not guilty of to keep me in jail. Is that in essence arguing my case again or "double jeopardy"?
I was found not guilty of the crime she argued, but it was enough to have me serve an entire 10-year sentence.
PA State Police say they have me down as a criminal conspiracy - summary offense and served 5-10 years for it, not a felony crime.
When asked what charge I had, I told them criminal conspiracy. PA state officials wanted to know, What is the criminal conspiracy? Criminal conspiracy to do what?
That is still my question.
Criminal Crime Computer states that, "We only report convictions not arrests, ", as I am NOT in the system with a conviction to aggravated assault or murder.
I spent 5-10 years in prison and do not know why.
My family has spent thousands of dollars in bail (for a crime I was not officially convicted). The state and no other organization has any record of all the bail pertaining to a "homicide" for me.
I have the verdict sheet that states I was found not guilty of aggravated assault and murder.
I have Criminal Crime records search and email from Associate stating I am not in the record.
I have my case records that show the Jury finding me "Not Guilty by the Jury" In my case files is also a "Guilty By the Jury" verdict sheet that has the word
written VOID over it, but in the official certified record - this form does not exist.
I have the remanding back to the Judge while in prison for her opinion 8 years ago (she never answered).
The District Attorney of Philadelphia, after blocking the remanding back to the Judge for clarification on a "possible assault", argues murder. I was never
charged with murder in which the appellate court pointed out, yet the DA argued for the Judge who on her sentencing report placed "conpiracy to commit
aggravated assault". Both of which were untrue as I was found "not guilty" of homicide, aggravated assault and reckless endangment respectively.
I can not clear my name or expungement (which is my legal right) until I find what the cause was of my conviction.
Who is correct?
The PA State Police records, criminal crime computer records and the jury with the "not Guilty" verdicts?
Or the Appellate Court that said I was never charged with murder? (this supports the bill of indictment, the charge sheet, PA state repository and criminal crime
computer records)?
Or the Judge that sentenced me in her sentencing report to conspiracy to commit aggravated assault? (Even though found not guilty)
Or the Judges form to the prison where I served my time that states flat "criminal conspiracy" (she writes 2 different things in the certified record)
Maybe this is why the court ask for clarification?)
Or the DA for arguing murder? (charge I was never charged and found not guilty of)
The higher court then agreed that the argument from the DA was clear for murder based on her argument. How, if the paperwork does not support that and I was not charged with murder? When did it become clear if the appellate court needed "clarification"? If she does have that "clear evidence" isn't that public record and why does no one else seem to know the charge except the DA. (apparently th Judge doesn't know)
Is there any justice for me to clear my name?
Is there any Justice for any of us?
Carlo
Philadelphia, Pennsylvania
U.S.A.
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