Douglas Chief Stankewitz B-97879

San Quentin State Prison

San Quentin, CA  94974

 

Munahoo,

 

Thank you for taking the time to read my side of the story. I would like to clarify my case to give a more precise overview of the issues relating to my case. I am innocent of the crimes I was convicted of. I did not kidnap or murder anyone.

 

Justice was not served for me or the family of the victim, Theresa Graybeal. I had started the day hanging out with the co-defendants, but I was not with them when they kidnapped the victim. Nor was I present when the victim was murdered. 

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I was 19 years old, poor and an Indian. I had no resources to fight the charge. The co-defendants took deals and got off with little or no time served. My father was a biker and the Stankewitz name was used against me. I had no gunpowder residue on my hands, was not identified in any lineup, and have always professed my innocence. 

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The Fresno District Attorney was determined that I take the blame, even to the point of coercing a 14 year old witness (who later recanted) and manipulating the evidence to point at me. I have been on Death Row for 42 years and have always maintained my INNOCENCE.

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My Rights Were Violated at Trial

 

At my first trial, instead of cross-examining the witnesses and the evidence presented, my Public Defender said the “defense rests”. He never forced the District Attorney to produce incriminating evidence. In fact, he stated in open court that I had confessed the crime to a psychiatrist, which was an out and out lie. Because my first trial lawyer was not representing me properly, I asked the Court on numerous occasions to appoint a new lawyer for me. The Court denied all of my requests. The California Supreme Court reversed my first conviction due to ineffective assistance of counsel.

 

In both of my trials, the District Attorney hid evidence from me and coerced witnesses who falsely testified against me. He also claimed to have evidence that was never produced. If my trial attorneys had questioned the existence of the evidence and the favorable treatment of the witnesses against me, the final verdict would have different. The DA presented all this perjured testimony because he knew that the court appointed lawyer would not question it. An Assistant District Attorney subsequently signed an Affidavit stating that without the testimony of the false witness, they could not prove their case against me. If they would have not used such false testimony, I would not have been taken to trial. The truth about what happened exists. I am seeking help to expose the truth.

 

There are a number of key elements to my case where the police and the DA fabricated reports, lost evidence and coerced witnesses. Their actions have kept the truth from coming out and kept me on Death Row for 42 years.

 

For example, co-defendant Billie Bob Brown was given immunity for his testimony. The Judge and DA knew this fact, but two witnesses were allowed to testify falsely that they were not given or promised anything. My PD never questioned or challenged their perjury. There is a legal Immunity Court Order granting them immunity, dated before these two witnesses perjured themselves. These orders prove that they received preferential treatment for their testimony. In 2004, the 9th Circuit Court of Appeals determined that Brown was a co-defendant whose charges were dropped in return for his testimony implicating me in the murder. Billie Bob Brown eventually recanted his testimony and stated that I did not commit the murder; he has subsequently died of an overdose.

 

The only defense that my lawyers have pursued is a mental defense, which I have refused to take. Because I did not commit the crime, I have not been willing to accept a mental defense which would admit that I did the crime. I am asking that the evidence be brought forward and examined, as that will prove my innocence. No court appointed lawyers have ever seen or ever asked for the evidence in my case. How could any lawyer ever do an appeal if they never saw or knew what the evidence was? The records in my case will show that not until 2011 that a court appointed lawyer ever asked or filed a motion to examine the evidence in my case from the Fresno District Attorney’s Office.

 

In 2012, the 9th Circuit Court of Appeals determined that I received ineffective assistance of counsel in the penalty phase of my trial and granted my habeas corpus petition. My case is now before the Fresno Superior Court, where the Judge has stated that an issue at trial will be whether there is lingering doubt as to guilt.

 

If this truth were told to the jury or presented to any court today, or over the last thirty-eight years I would be free. But the system does not want to admit that not only was I wrongfully convicted, but that I was framed. That is why none of the court appointed lawyers are looking for the truth in my case. The court appointed lawyers have been hand selected to do nothing over the past thirty-eight years.

 

Some of these issues that I am now sharing can be proven based on records. If someone wants to know the truth they can investigate and talk to the people involved. The truth is there but for the past thirty-eight years I have suffered injustice.

 

Thank you for taking the time to consider my case. I was inspired to speak out by Johnny Depp, who provided a lawyer for Damien Echols, who spent 18 years on Death Row, despite his innocence. I, too, was paraded in front of the perspective jurors in shackles. Being 19 years old and an Indian, with no family to support or stand up for me, I had little recourse but to keep insisting I was innocent. I spent 18 years in solitary confinement because I refused to cut my hair. Since getting out of solitary, I have been fighting for my freedom. I hope there are people out in the free world willing and able to help me right this wrong and get me released from prison.

 

Freedom & Justice,

Douglas “Chief” Stankewitz