On October 14 in Siuox City, Iowa (Woodbury County), Pottawattamie County Attorney Matthew Wilber plans to retry Terry Harrington of Omaha in the 1977 murder of retired Council Bluffs, Iowa Police Capt. John Schweer.
Upon diligent effort by Harrington and those working to exonerate him, 9 very significant police reports were discovered in 1999 that chronicled an extensive police investigation concerning a suspect-Charles Gates. These reports named witnesses who described Gates as carrying a shotgun and being in the vicinity of the crime scene around the time of the murder.
The police reported that Gates was also a suspect in the murder of a woman in 1963. (unsolved as of today) The police administered a polygraph test to this suspect, which he failed, stating he was "untruthful about owning a shotgun and having shot John Schweer." The police and prosecutors who knew of this suspect deliberately did not release this information in all the years of Harrington's litigation.in all the conversations, depositions, discovery motions and sworn testimony, this suspect was NEVER mentioned. This is a clear violation of the states duty to divulge evidence, with or without a specific request to do so.
For more information on the discovery see Exonerating the Innocent at: www.fairfield. Freehosting.net/01april/brain.html
On February 26 the Iowa Supreme Court made 5-1 ruling to overturn Harrington's conviction based on prosecutorial misconduct and due process violations.
Details of the Harrington v. State of Iowa, Iowa Supreme Court No. 01-0653 case are available at;
Www.judicial. State. Ia.Us/supreme/opinions0226/01-0653.Asp.
Prosecutor Wilber's primary obligation is to seek justice-not simply a conviction based on withheld evidence, lies and perjured testimony.
If Charles Gates wasn't a viable suspect, then why did former prosecutor Joe Hrvol and Council Bluffs police department suppress this evidence?
Mr. Wilber and the Council Bluffs leading police detective Dave Dawson are NOT EVEN CONSIDERING Charles Gates and evidence gathered during the investigation of John Schweer's murder and maintained by the police department for 26 years and SUPPRESSED for 22 years.
The current Prosecution, Police and Officers of the Court are attempting to obtain an illegal conviction by presenting the perjured witnesses and lies (statement of Eric Hartwell) and withholding evidence; CBS 60 Minutes video statements of the former prosecutors and police.
Enough is Enough for both families as well as tax payers who have paid for a truthful decision in the murder case of Mr. John Schweer.
Iowa Judicial System needs to make a concerted, honest effort to seek and accept the truth that leads to the actual murderer of the deceased, Mr. John Schweer instead of holding on to a theory based on lies, perjured testimony and withheld evidence. Furthermore, In the interest of justice, this case should be immediately dismissed with prejudice. Allowing the truth to be told and Mr. Harrington a "new" life with this grave injustice behind him.
When law enforcement and prosecutors act contrary to the Iowa Constitution and the Federal Constitution, we shouldn't look the other way OR we are contributing to a society of lawless authorities.
You may express your concern for JUSTICE in search of the truth by voicing your opinion in a letter to the editor; In the Council Bluffs, Iowa newspaper at: [email protected]
The Des Moines Register [email protected]
And Omaha World Herald at [email protected] And feel free to contact Matt Wilber @712-328-5649 (cst) or matthew. [email protected] and express your concern with this grave injustice that he and Dave Dawson are prolonging.
They have the police records that will immediately EXONERATE Mr. Harrington! Please urge Mr. Wilber to restore "integrity to the judicial process" by dismissing the case against Mr. Harrington and pursuing the original suspect, who was considered a suspect in the 1963 murder of Emily Geland. Ms. Geland's murder has yet to be solved.
Mr. Wilber has a responsibility to the families of these victims to see that justice is served, based on the factual evidence contained in the Police reportsand records.
Anne
Kansas City, Kansas
U.S.A.
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