Some Case Details
It Begins . . .
The two men who confessed were the ones actually charged with the crime initially. Their fingerprints were found all over the crime scene. The men murdered and robbed the victim. They then sold the items from the victim's house to my brother (who had no knowledge of its origin). My brother bought the items to sell or trade them at flea markets (he earned extra income selling and trading at flea markets). Once the men were arrested, they thought (since he now had the items from the man's apartment) that they could say that Dewayne killed the man and get away with it.
The Focus Shifts
The fact that Dewayne had the stolen property (again he had no knowledge that it was stolen) and the two men's (at the time of their arrests) statement caused the focus to be shifted to him. Dewayne did not know the victim and had never met the victim.
There was a woman who lived across the road from the victim's apartment who saw Dewayne on the news and testified she saw him at the crime scene. (My brother had several witnesses testify that he was at home the night of the murder by the way). She testified that she saw him clearly enough on a dark night, with no street lights in the area, from across her yard, the highway, the parking lot of the apartment building and around behind the apartment to identify him by the shape of his ears. (I'm not kidding.) She also testified that his car was green with a white top. They then showed her a picture of his car, she said that was it. His car (the one in the photo that she was shown) was light beige with a dark brown top.
More Inconsistencies in the Testimony
She said she was up late to call her mother and wish her happy birthday. It was nowhere near her mother's birthday.
She said she was watching a particular program on TV. The program was not aired at that time on any channel.
She said Dewayne's hair was in a pony tail. Cosmetologists testified that his hair was too thick and curly to be put into a pony tail.
She said he entered and exited the apartment from the back (remember she is facing the front). The men who committed the murder testified they entered and exited the front door. Also, the sliding back door was found locked with a broom handle securely wedged in the track.
Investigation and Confessions
The investigators did a very careful search of the crime scene and even got the tip of a fingerprint from the bottom of a toilet seat, yet, all the fingerprints belonged to the two men who actually committed the crime and to the victim. Not a single trace of evidence of my brother's presence was found. With all the evidence weighing against them, the two men eventually confessed and testified that Dewayne had no part in the murder.
Since the men pled guilty, they did not receive life sentences are now out of prison. My brother maintained his innocence and received a life sentence and in TN life means no chance of parole for 30-35 years.
The Truth Suppressed
Some of this evidence has surfaced since the trial and evidence that the woman was coached by the police has surfaced. Plus it has been found that some evidence has been tampered with and some is now missing. Dewayne could surely clear his name but is unable to get the state to allow a retrial. He is trying to do this himself because we can't afford the huge fees of a lawyer, and it is true that a man representing himself has little if any chance.