Strategy Session Kerry Baxter Senior

I am reaching out to the activist community to support my son Kerry Baxter Senior, and our family. As many of you know, Kerry has been incarcerated for the last 15 years under a wrongful conviction. I have been working to appeal his case, and we now have the opportunity for a resentencing hearing. We will be able to share new evidence, but it comes at a risk because the same judge who initially sentenced and convicted him will be presiding over the new sentencing hearing. I know that with enough people on our side, we will win. I am reminded of the words my son shared with me, "as long as I am not alone, I am powerful."

In order to provide Kerry with the best opportunity for a successful hearing that will lead to his release, I am reaching out to my community to come together and help us. We already have the invaluable support of Essie Justice Group and Silicon Valley De-Bug and are now asking for community support. Will you join me and the supporters of Kerry Baxter as we come together to strategize how to develop a community campaign to win his release?

Below is more information about our story and why your support is so invaluable. I’ve also included links to news sources and our facebook group.

Thank you so much!

In Community,

Anita Wills

BACKGROUND ON KERRY'S STORY

Kerry was originally sentenced (in 2003), to 66 years-to-life under three strikes for 2nd degree murder. That sentence has now been reduced to 16 years to life after some of the enhancements were dropped. Many of you who know me also know that I have been saying my son was wrongfully convicted. I continue to stand by that statement however this is a separate matter. Prior to his trial the Alameda County District Attorney offered my son a 40-year plea which he refused. After his refusal the then assistant District Attorney Colleen McMahon told Kerry there were going after him. That Assistant DA continues to work for DA Nancy O’Malley. The judge overseeing Kerry’s trial was Jeffrey Horner, who at 79 years of age is still on the bench. He was a former prosecutor and an appointee of Governor Deukmejian. The other players are Homicide Detective Brian Madeira and the informant who was given blanket immunity Jahmari Jones.

Since his sentencing in 2003 we have filed numerous appeals on Kerry’s behalf. Kerry filed a habeas appeal in August of 2016 for ineffective assistance of counsel. Although his petition has not been addressed the appeals court sent a motion to Judge Horner and District Attorney O’Malley stating that he was illegally sentenced. That ruling and request for resentencing was ignored by the judge and district attorney. We could go to the Attorney General, however, in 1985 the Attorney General stated they would no longer interfere in these cases. That means that Kerry’s case is now in limbo waiting for the judge and DA to respond. However, they have written on the letters from the Appeals court, “No Action Taken!” So, if the judge (who wrongfully convicted Kerry), and the DA (who were a part of the Wrongful Conviction), do not respond to the Appeals Court nothing will happen.

For the above reasons I am beginning a campaign to push for a hearing for my son. I believe the hearing will lead to his freedom. At the hearing he will need an attorney to introduce evidence that was left out of his original trial. I am also going to push for a different judge to oversee the hearing and possibly a change of venue, to Santa Clara or another county.

The Judge in Kerry’s case should have recused himself for the following reasons:

1. He knew the victim that Kerry was accused of killing.
2. He knew the attorney who represented Kerry was being disbarred and that his license was suspended during Kerry’s trial (the attorney Richard Hoves’ father was a Judge in the same court as this judge).
3. He allowed an informant to perjure himself 3 times on the stand, including stating he was not given blanket Immunity to testify against Kerry.
4. He allowed the informant to be named as a victim of Kerry although there was evidence showing that he had shot at Kerry and the shot from Kerry was in defense. Because of that determination no evidence of the informants record could come into court. Including testimony proving that he attacked Kerry and Kerry defended himself!

Although Kerry was accused of 2nd degree murder there was scant evidence of his guilt. The person he was accused of killing was almost two blocks from where Kerry and his assailant were. According to Oakland Police the innocent bystander was hit by a ricocheting bullet shot from Kerry’s gun. Although the Officer testified the man was hit in the chest, the bullet went into his left Clavicle. Witness Testimony that did not make it into court stated that the man was shot by a drive by shooter while Kerry and Jahmani Jones were almost two blocks down the street. The courts allowed a mock gun to be demonstrated by homicide detective Madera. At trial Kerry was called a drug dealer, gang member (he was 33 years old), and the jury was told that he had threatened his girlfriend so she was afraid to testify against him. Every fearful stereotype of a black man was played in front of the White Jurors.

Although Kerry had a difficult time finding employment due to his juvenile record he got around that with his personality and work ethic. Kerry worked at the Naval Air Station, was a Journey Level Machinist, and at the time of his arrest was a Journey Level Member of the Carpenters Union. We were not allowed to refute any of the negative testimony by the DA or Officer Brian Madera. All the black jurors were struck and even at that it took the all-white jury two weeks to find him guilty. He was not only tried in court but by the Oakland Tribune which reiterated what the district attorney and Officer Madera said about him. Prior to Kerry’s sentencing the probation department told me that I could not present evidence that Kerry worked, paid taxes or was a hands on father to his children. The courts also refused to allow anyone else to come in and testify to his good character.

This Judge Jeffrey Horner is still on the bench and still giving harsh sentences to black and brown people. The assistant district attorney who carried out a threat against my son because he would not take a plea is still practicing. I recently learned that Nancy O’Malley wanted Governor Brown to appoint her Attorney General and he refused her request. Even he is appalled at her over prosecution of black and brown people in Alameda County. She is up for reelection and we must call her out now!

<a href="url">Wrongful Conviction of Kerry Baxter Senior San Francisco Bay View <p>
<a href="url">Kerry Baxter Senior on facebook</p><p>

<a href="url">https://www.facebook.com/events/146113046000285/?acontext=%7B%22ref%22%3A%223%22%2C%22ref_newsfeed_story_type%22%3A%22regular%22%2C%22feed_story_type%22%3A%22117%22%2C%22action_history%22%3A%22null%22%7D</p>