Prisoner Screwed
By The Legal System


The following letter from prisoner Francis Reese, is typical of many we receive. It gives you some idea of the diabolical convolutions of the infernal machine that is the Pennsylvania legal system.

"In 1982 [16 years ago], I was convicted of rape and kidnapping. At my trial I was permitted to do nothing except be present. The District Attorney at the time was Gary Hartman. He had been my defense attorney in an earlier case. [Adams County] Judge Spicer allowed Gary Hartman to prosecute me even though it was a conflict of interest.

"Anyhow, the prosecution argued that the semen sample collected from the victim belonged to me. The jury believed the allegation and convicted me. I was sentenced to 7 1/2 to 15 years.

"I fought on for 12 years in the higher courts, but to no avail. Then, in 1992 when I came across case law that said that DNA testing was admissible in Pennsylvania courts, I petitioned to have a DNA test done, but the District Attorney, now Martha Duuall, said that she 'wouldn't waste taxpayers' money' on a test that would show that I was guilty.

"I managed to save and borrow $2,500.00 from my family and I had the test done on my own. It showed that it wasn't me who committed the crime. Then the DA had another DNA test done. It showed the same results.

"Finally, on September 14, 1994, I was awarded a new trial and released on bail. Nevertheless, I was returned to SCI-Huntingdon to be processed out. The DA contacted the prison and ordered them not to release me. I was harassed and put into the hole. It wasn't until Judge Quigley (who had given me the new trial) informed the prison that they would start getting fined for holding me that I was released.

"I had let everyone know that I was going to sue for the 12 1/2 years I'd been imprisoned and just before the scheduled date for my new trial, I was arrested on another rape charge. Conveniently for the prosecution, the DNA evidence in that second case was destroyed to keep me from proving my innocence.

"At my new trial on the original rape charge, my attorney, Tony Sangiamo, told me to enter a 'nolo contendere' plea. He said that it meant that 'at this time we cannot go to trial.' But, when the Judge explained that the plea was the same as saying that I was guilty, I told my attorney that I wasn't guilty and didn't want to enter such a plea.

"The attorney said that I could withdraw the plea within 10 days. He told me to 'just agree with what the Judge says.' Trusting my attorney and believing that he had my best interests at heart, I went along with the plea. Two days later, I sent a letter to the Judge asking to withdraw the plea, but it never happened!

"I believe that when I proved that I didn't commit the 1982 rape, and when officials thought I was going to sue, the DA, my attorney and everyone conspired to railroad me again.


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