Aug. 16, 2014

Judge Testimony

by Ronald W. Clark, Jr (author's profile)

Transcription

BLOG FOLLOWERS PAGE 57, JUDGE DAVIS TESTIMONY AT MY FEBRUARY 26, 2007 EVIDENTIARY HEARING. HE DIDN'T WANT AN INVESTIGATOR

A Yes, sir, we met on a very regular basis. I don't know whether it was weekly but maybe every two weeks, weekly. He was always open, amenable, pleasant, he would talk and consider our options.

His family was helpful. They would come by the office, they would tell me about other people who I could talk to and people would just come in voluntarily. It was a good relationship.

Q Did you -- could you tell how he reacted to the medication he was on?

A Well, I didn't know him, of course, before I was appointed to represent him, but at the time he was on his medication in jail, as I said earlier, he was very pleasant, level headed, he had a good memory, he could just function like any---

BRODY ASKS: Did you have any other people working with you on the case? (A rich person would not have been screwed by his lawyer in this manner.)
MR DAVIS ANSWERS: No investigator only a moron wouldn't have one.

A Other than the witnesses who were the experts who were appointed I did not hire -- did not retain a private investigator on the case cause I didn't really didn't want a private investigator on the case.

Q You did not want one?

A No sir. (Didn't want one, but the bum needed one. Unless he was intentionally screwing me. Which looks to be the case! You're right I'm mad!)

Q Why is that?

I'LL BE SHOWING YA'LL SO MUCH MORE!!!

MR/JUDGE DAVIS TESTIMONY TAKEN ON FEB. 26, 2007 AT THE EVIDENTIARY HEARING

A I don't recall. I don't know what I would have said other than what's in those reports, that the judge asked for a summary of what was in the reports, I would have provided it but they were detailed reports, they were current. And as far as I'm concerned it provided information sufficient to provide a basis for a life sentence but that didn't happen so we're here.

Q (MY ATTORNEY, MR. BRODY, ASKED BECAUSE I MADE HIM ASK THIS!) Do you recall if you ever went to the Sheriff's Office to examine the things that they had gathered in their investigation? (NO HE DIDN'T)

A I have no independent recollection of that, but typically in any criminal case whether it's First Degree Murder or stealing a car or something, you would -- I would ask to see all of the State's evidence before trial, the actual physical evidence, and I would get that from the State Attorney's Office, I wouldn't go to the Sheriff's Office. I would look at what the State represented that it had. So I am certain that I saw if the gun was recovered or if (NO IF, IT WAS RECOVERED) bloody clothing was recovered I'd look at it for what it was worth, but it really didn't bear much -- didn't have a whole lot of relevance under the facts of the case as I saw it.
NO, IT DIDN'T MATTER TO HIM, IT MATTERED TO ME. THIS IS INCOMPETENCE NOT GOING OVER AND LOOKING AT THE BLOODY CLOTHING AND OTHER EVIDENCE. THIS IS HOW THE POOR GET REPRESENTED IN THE UNITED STATES OF AMERICA.

THIS IS JUST THE BEGINNING OF WHAT I'M GOING TO SHOW.

BLOG FOLLOWERS...THIS PAGE (526 AND 527), MY CO-DEFENDANTS MOTHER'S TESTIMONY. SEE NEXT PAGE, HER DEPO FROM SEPT. 1990. SEE WHAT THE JURY NEVER HEARD
PAGE 1 OF 2
526-526
TRIAL TRANSCRIPTS

A They were going to hitchhike.

Q Do either of them have a car that you know of?

A No, sir.

Q What condition or level of sobriety were John Hatch and Ronald Clark, meaning were they intoxicated and falling down drunk?

A No, sir.

Q Neither of them.

A No, sir.

Q Prior t John Hatch and Ronald Clark leaving, did you see a gun?

A Yes, sir.

Q Was it a hand gun, a pistol?

A It was a semi automatic.

Q Was it a rifle or one you hold in your hand?

A One you hold in your hand.

Q Who had the gun?

A Well, they were both handling it in the trailer but when ever they left the trailer Ronald Clark had it in his pocket.

Q Did Ronald Clark ever say where he got the gun from?

A He told me that it belonged to his mother.

Q After John Hatch and the defendant left to go to Jacksonville did you ever see the defendant again?

A No, sir.

Q Did you ever see John Hatch again?

A No, sir.

Q Have you seen him in jail since that day?

A No, sir.

PROSECUTOR MR.MALTZ: I don't have any further questions, Your Honor.

MY ATTORNEY MR. DAVIS: I don't have any questions Your Honor. (NO CROSS EXAMINATION BY MY ATTORNEY, YET LOOK AT PAGE 20+ 21 OF HER SEPT. 1990 DEPOSITION. JURY NEVER HEARD THAT.

Q Did either one of them have a firearm when they left? Did either one have a gun when they left?

A Now, I don't know whether they took it with them or not. I know that Ronnie was holding the -- the kind of pistol I just told you about with the clip in it. And that is all that I know.

THE JURY SHOULD HAVE HEARD THIS, FROM CROSS EXAMINATION. MY ATTORNEY SUCKED!! WOULD HAVE NEVER HAPPENED TO A RICH PERSON.

BLOG FOLLOWERS THIS IS THE FDLE. YOU WILL SEE THE CLOTHING LISTED ON PAGE 2. JURY NEVER SAW THIS. SEE PAGE 3

FLORIDA DEPARTMENT OF LAW ENFORCEMENT
REQUEST FOR EXAMINATION OF PHYSICAL EVIDENCE

LAB CASE NO. 90400278

SUBMITTING AGENCY ADDRESS: Sub. No. 001
JSO OFFENSE Death Investigation
501 East Bay OFF DATE 1/12/90 COUNTY Duval
Jacksonville, Fl. AGY CASE NO. 27999
REPORT TO Det. Jerry Jesonek DELIVERED VIA Steve Leary SS OSC
TELEPHONE 630-2172

Do Not Write In This Space RECEIVED BY Linda Jones
LAB 04 LAB NO. 90400278 LAB/TIME 04/9:00 am DATE 020190
DATE 020190 SUB. 001 VICTIMS (LAST NAME FIRST)
VIA leary ITEMS 012 1. WILLIS, Ronald
CO 16 AGY TYPE so ORI FLO160000
OFF 090A DATE 011290 AGY 27999
CHEM DOC S MIC S
FIRE S LAT S SER S
TOX PHOTO CS P

The following items were collected at 600 Bird Road, Duval County:

1 Marlboro cigarette pack recovered on south side of road
2 Check from south side of road (INTRODUCED TO JURY)
3 Wadded up paper from south side of road (INTRODUCED TO JURY)
4 Piece of paper with note from south side of road (INTRODUCED TO JURY)
5 Paper item from south ditch (INTRODUCED TO JURY)
6 Mint recovered from middle of road
7 Cartridge casing from road
8 Section of denture from middle of road
9 Section of denture from north ditch
10 Shirt recovered from north side of road (MR. WILLIS SHIRT, INTRODUCED TO THE JURY)
11 Crowbar from south side of road (CROWBAR WHICH HAD NOTHING TO DO WITH THE CRIME YET THEY SHOWED IT TO THE JURY)
45 Pen from road (INTRODUCED TO JURY)

The following items were collected from a black 1985 Dodge Ram 100 Custom pick-up truck, Florida license 741 GPN, vin 1B7FD14H8FS638224:

12 Twenty (20) latent lift cards
13 Handgun from left floor area (Sterling Arms .380)
14 Clip with four (4) unfired cartridges from handgun
15 Unfired cartridge from blue jeans behind seat right side
16 Unfired cartridge from blue jeans behind seat right side
17 Unfired cartridge from right floor beneath seat
18 Swabbing from chain
19 Scraping from chain
20 Fabric from right side of seat
21 Scraping from bed of truck beneath Truk Box*
22 Swab from bed of truck*
23 Swab from right top of Truk Box
24 Scraping from carpet between right door and seat*
25 Ring from under seat
26 Mint from dash
27 Debris from bed of truck
28 Clothing from Wal-Mart paper bag from behind driver's seat
29 Box of shot shells from left side of Truk Box
30 Handkerchief from middle of seat in cab
31 Paper items from under seat
32 Hair from truck, right kick panel
33 Wal-Mart bag from behind driver's seat
34 Receipt from Wal-Mart bag
35 Nylon jacket from behind seat right side
36 Jacket from behind seat left side
37 Blue jeans from behind seat left side
38 Blue jeans from behind seat right side
39 Sweater from behind seat
(ITEMS 35-39: MINE AND DAVID'S CLOTHING THAT WAS WORN DURING THE MURDER. JURY NEVER SEEN THESE. PROSECUTOR DIDN'T WANT THEM TO BE SEEN.)
40 Wallet from beneath dash
41 Bud cardboard six pack holder from abd of truck
42 Kininia briefs box
43 Paper items from left side of Truk Box
44 Bud cardboard six pack holder from bed of truck

Disposition of Items:

Latents.......1,2,3,12,33,49,41,42,43 and 44-REC'D 1 (L) SBOX
Firearms......7-REC'D 1 (S) SME
Serology......8,9,28,19,20,21,22,23 and 24--REC'D 1 (M) SBPB
Serology and Firearms.......10--REC'D 1 (L)SBPB
Latents and Firearms........14,15,16 and 17--REC'D 2 (M) SBPB
Latents and Serology........3,11 and 45 also 4 & 5--1 (L) spwitem(L) sbp
Latents, Serology and Firearms.......13--rec'd 1 (M) sbpb
Documents.......34--rec'd 1 (m) sme
Serology and micro.......35,36,37,38 and 39--red'd 1 (L) sbox
Micro.......32--rec'd 1 (S) sme
RUW.......6,25,26,27,28,29,30 and 31--rec'd 1 (L) sbox Section "H"

Analysis requested:

Latents: Please examine items submitted for latents. On exhibit 43 only the outside of the paper items need to be processed. On the cartridge casings there appeared to be some ridge detail.

Firearms: Determine if the cartridge casing recovered at Bird Road could have been fired by the handgun submitted. Also examine recovered cartridges to see if they have a commonality with the fired cartridge casing. Examine shirt for bullet holes.

Serology: Please examine items submitted and type blood to see if they are all the same type

Documents: A date and store number is needed from the receipt.

Micro: Please examine and sweep items submitted.

Summary: The victim's truck was recovered at the Oasis Motel and towed to the laboratory for examination and processing. Prior to the truck being recovered, an area on Bird Road was processed where there were indications of foul play. The victim and owner of the truck has not been found.

BLOG FOLLOWERS: THE BLOOD ON MY CLOTHES WAS MY BLOOD, THEY KNEW THIS BY JOSEPH'S TESTIMONY, AS WELL AS DAVID'S, THAT MY HAND WAS BLEEDING AND I WAS WIPING THE BLOOD ON MY SHIRT. I'LL LAY ALL OF THIS OUT JUST TO SHOW HOW POORLY I WAS REPRESENTED, MY LAWYER SHOULD HAVE WENT AND LOOKED AT THE CLOTHING, AND HE NEVER DID. SEE PAGE 70 OF THE EVIDENTIARY HEARING TRANSCRIPT.

BLOG FOLLOWERS: LINE 13 16 IS THE LIE THAT DAVID TOLD TO THE JURY. THIS IS PAGE 9 OF A DEPOSITION BY MS. BAILEY, THE WOMAN THAT DAVID STOLE THE GUN FROM. LINES 17-18 SHOWS DAVID LIED WHERE HE STOLE THE GUN FROM. WHY LIE? WHY IS THIS LIE IMPORTANT? CAUSE IT'S EASY TO PROVE. MY LAWYER NEVER CALLED MS. BAILEY IN TO TESTIFY.

A Uh-huh (affirmative).

Q Or he glove box of your car?

A Uh-huh (affirmative).

Q Did you have a headboard on your house back in January of 1990? I mean, a headboard on your bed.

A Not on that particular bed. It's a water bed, and it doesn't have a headboard.

Q I'm going to read you a sentence from a statement given John David Hatch that's dated January 21st, 1990.

MR. MALTZ: It's the statement given to the police.

Q Given to the police. It states: On January 9th, 1990, while working at 10165 Owen Road with Don Lee remodeling the house, I, John David Hatch, took a .30 caliber pistol from the headboard of a bed.

A There is no headboard on that bed. There still is no headboard on that bed. It's not made for one.

Q Okay. Do you have any plans to be living at any address other than your present address in he next few months?

A No.

Q If you were relocated, would you notify either myself or Mr. Maltz?

A Yes.

McKENDREE & MAXWELL REPORTERS

NASSAU COUNTY SHERIFF'S DEPARTMENT
DETENTION AND CORRECTIONS

INMATE: Hatch, David DATE: 05-9-90

FACILITY: Jail CELL# Pod 1 Cell 2 TIME OF INCIDENT: 1930 hrs.
TIME OF REPORT: 2000 hrs.

OFFICER (S): CO Jeannette Sares I.D.#: 214

NATURE OF INCIDENT: Verbal threat sec. 1-3 of the code of conduct. On the above date at approximately 1930 hrs. This officer (JM Sares) along with officer Hodges was outside of Pod 2 when inmate David Hatch did threaten to kill inmate Ronald Clark, Hatch told us that he would "do it right in front of an officer", also that he would break Clark's neck

WITNESS (ES): Officer Hodges

BLOG FOLLOWERS: AN INVESTIGATOR WOULD HAVE PRODUCED THIS DOCUMENT FOR THE JURY TO SEE, WHICH WOULD HAVE ALSO PROVED DAVID LIED UNDER OATH, STATING HIM AND I HAD A CONVERSATION, I'LL SHOW THAT LATER. TWO OFFICERS WOULD HAVE TESTIFIED THAT DAVID LIED, HAD MY SORRY EXCUSE FOR AN ATTORNEY PRESENTED THIS DOCUMENT.

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BostonRocks Posted 10 years ago. ✓ Mailed 9 years, 12 months ago   Favorite
Thanks for writing! I finished the transcription for your post. That was a lot of transcribing, I hope I did all this some justice (no pun intended)!

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