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Yatombi Ikei (born Anthony L. Pierce)

My name is Yatombi Ikei (pronounced Ya-Tom-Be/I-Key), born Anthony L. Pierce July 20, 1959 in Harris County, an annexation of the City of Houston, Texas. On August 4, 1977, I was arrested and charged with the robbery/murder of the manager of a fast food restaurant (making my eighteen years of age the youngest (then) to receive the death penalty by an all white jury). I have never been to prison before though, I was placed in a youth facility. A sealed order was placed on my file by a juvenile court judge once I turned 18 years of age. However, this order was violated and one juvenile act was illegally used as an extraneous factor during the punishment phrase to get me here (even though I have since been tried three times for this same case), I was denied every opportunity to be fairly represented all three trials. Below are some of the facts in this case that is backed up by the records, which I truly believe will mysteriously disappear once I am murdered by the State of Texas if I do not get the type of representation I need to bring these facts to the forefront; they are as follows: A listed in claim (Petition at 101), I was illegally arrested. I was neither taken before a Magistrate, Read any Rights, Never Served an Arrest Warrant, nor were there Probable Cause to arrest me (due to a non-witness coming on the scene 15 minutes after the crime had happened).

The grand jury assembly was illegally assembled, nor did the grand jury hear from witnesses (either for or against me), reviewed the evidence collected by the police department before issuing a sealed indictment charge against me (as required by the law) because had they, the grand jury would have found that:

  1. there was no Probable Cause to arrest me (as also required by the law), due to a non-witness coming upon the scene 15 minutes after the crime had happened;
  2. several eye witnesses identified someone else other than myself as being the perpetrated;
  3. the time I was said to have committed this offence, it was established that I was three miles away involved in a fight between myself and another man;
  4. ballistic tests conducted on my person and clothing (reportedly to have been worn during the crime) by the Houston Police Department Crime Lab came up negative for gun-powder residue;
  5. fingerprints taken from the crime scene did not match mine;
  6. a trace metal test were also conducted and thus came up negative as well;
  7. records from the Houston Police Department would have verified that I could not have came into the place in question on five different occasions, prior to the day of the crime, and threaten to kill the deceased because I was in the custody of the Harris County Sheriff’s Department on an unrelated case that was later dismissed; and
  8. had the audio portion of the Optometer readers videorecording of the place I was at from the different routes (including the factfinders during trial proceedings) they would have had the full opportunity to see that I could not have gotten from point A to point B at the time it was stated this crime took place.

1. (#107) The evidence at trial did not prove Pierce’s guilt to a moral certainty and was insufficient to support his conviction. The conviction was almost solely based on questionable identification by witnesses at the murder scene. Two of the witnesses allegedly saw the murder through a reflection in the window of the restaurant and identified someone other than Pierce as the perpetrated. Other witnesses either could not identify or incorrectly identified item of clothing recovered from Pierce when he was arrested a short time after the murder. Further, there were inconsistencies in the testimonies of the witnesses with regard to the murder scene. Pierce also notes that trial counsel referred to fingerprints recovered from the restaurant counter that did not match Pierce’s. No gun was recovered nor were there traces of gun powder residue on Pierce’s hands.

2. (#110) The State failed to disclose material exculpatory evidence. Two witnesses were paid by the police for their identification of Mr. Pierce as the murderer. Another witness, Olester Jackson was not charged with an offence in exchange for his testimony against Mr. Pierce. Arrest records of the Houston Police Department would have shown that Mr. Pierce was not fingerprinted before a trace metal test was done on his hands.

3. (#128) Mr. Pierce was denied a fair sentencing hearing because of prosecutorial misconduct, namely the prosecutor’s extensive use of false and inadmissible evidence concerning Nr. Pierce’s juvenile record. Specifically the prosecutor surprised the defence at trail with information that Mr. Pierce had purportedly been charged with Arson, Simple Assault, Various Burglaries, Aggravated Robbery and Robbery. No documentary evidence of any such acts or charges were offered and virtually all of these allegations were false. Such charges as Mr. Pierce in fact had as a juvenile were dismissed for lack of evidence or were invalid for various reasons.

4. (#146) Mr. Pierce was denied the effective assistance of counsel at trial. Defence counsel failed to properly impeach witnesses with available information. Further, defence counsel failed to show that Mr. Pierce could not have committed the crime because someone much taller than Mr. Pierce had to have shot the gun, based on the angel of the bullet wound.

5. (#186) the trial court improperly admitted evidence of purported extraneous offense of Mr. Pierce. Witness Elray Mosley said that there had been conflicts between Mr. Pierce and the victim in the restaurant at various times before the day of the murder. There conflicts could not have occurred because Mr. Pierce was in custody at the time they supposable happened. The district attorney’s office should have known about this having access to records regarding Mr. Pierce’s custody.

6. (#206) Admission to invalid and unreliable evidence concerning Mr. Pierce prior unadjudicated criminal acts, many from juvenile years and some from his time on death row, violated Mr. Pierce’s right to a fair sentencing hearing. Mr. Pierce challenges the accuracy of the testimony of various witnesses.

The original State Habeas Petition filed on my behalf by attorneys out of the defunct Resource Center, sat in State District Court for 11 years before an appointee out of a particular district court, amend it in regards to a pending issue before the Supreme Court, that I did not particularly wanted raised because I fear that doing so will take precedent over more serious issues that have never beeen properly addressed by the Appeals Court in Austin, Texas. I had no prior knowledge that my state habeas petition was being amended because the attorneys did this behind my back and as a result, my state habeas was affirmed by the Appeals Court in Austin, Texas (in an unpublished ruling citing 48 plus claims were never addressed). As it stands now, another has been appointed to this as well as other cases, with four already resulting in executions.Furthermore, I am illegally forced under the 1996 Antiterrorism Legislation that streamlines the appeals process. This is illegal because this law is not retroactive, but applies only to cases that were tried after 1996. My state habeas petition has been in court since 1990, well before this new legislation went into effect.

I have listed the 6 points above as a small sample of the abuse and impropriety surrounding my case I am appealing to legal firms or anyone with legal expertise who is willing to fight on my behalfto expose the abuse and neglect that have led to my wrongful conviction und suffering for the last 28 years. Anyone with a sincere heart for justice, and a strong desire to see an innocent man set free, my invitation is for you to join me in a solidarity and truth, to help set me free.Please do mot allow me to become another statistic of how a poor, but innocent man was railroaded through this broken legal system and wrongfully executed. I invite anyone who is interested to know more about my case to look up my case and discover for yourself that I am an innocent man sitting here on death row, wrongfully sentenced to die. Even a superficial examination of the facts and circumstances of my case will bring forth this truth.

To update the original synopsis of my ordeal with regards to this case, my original State Habeas Petition have been continuously amended without my knwoledge or consent by numerous state appointed attorneys and as a result of this act, these 6 points of error, and a host of others, are being covered up behind this procedural bar clause whereas, my case, as it turns out, have been, and continue to be, illegally ruled on thanks to the 1996 Antiterrorism Legislation that streamlines appeals even though the law does not apply to this particular case because; 1.) the law was not made retroactive so, it only applies to cases tried after 1996; and 2.) my state habeas petition were already pending in federal court since 1990 before this Legislation went into effect.  

As it appears now, the state appointed attorneys seem to be in cohorts with the state attorneys to bring this case to an end without any outside involved whereas, this case is now 32 1/2 years old and therefore, any revealed facts from a thorough investigation would expose the level of corruption within this judicial system, therefore, I am still requesting for a legal firm or anybody who believes in real justice, not to allow me to become another statistic of how status along can get an innocent man railroaded through a broken legal system as easily as a guilty man. I again invite any and everyone of you who care to know more about my case to look and use your own judgement because I still believe that a superficial examination of the facts will convince you that, if I'm not innocent, I'm damn sure ain't guilty.  

I thank you for your time and consideration in this matter.  

Yatombi Ikei
a/k/a Anthony Pierce # 000587
3872 FM 350 South
Livingston, TX 77351
USA   

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