Summary of Trial violations:
In 2004 Howard's conviction was reversed and overturned by a federal
district judge on the basis of a coerced and illegally obtained
confession. In 2006 he was retried and again convicted because of poor
trial representation and numerous legal violations by the trial judge and
presecutors. The following is a brief summary of those violations:
1) The trial judge strictly forbid the prosecutor from making any
references to Howard or his co-defendants having been convicted of the
crime. To tell the jury that there were prior convictions would prejudice
the jury and severely damage Howard's chance for a fair trial. The very
first words of the prosecution's opening argument illuminated those prior
convictions. Howard's attorneys objected but the damage had already been
done. Throughout the trial the prosecution would conveniently slip again,
and the jury was well aware that the man on trial had once already been
convicted of the crime.
2) In trial the prosecutor admitted to paying one of her witnesses to
testify against Howard. Nyeandre Perry was paid $500 in exchange for his
fabricated testimony that contributed heavily to Howard's conviction.
3) Another witness testified against Howard in exchange for a letter from
the prosecutor to the parole board requesting an early release from his 25
year sentence.
4) Against the explicit orders of the federal judge fruits of the
illegally obtained confession were again used against Howard.
5) The State's case was so weak against Howard was so weak that the
district Attorney recorded all 699 phone calls made while in the
countyjail awaiting his new trial hoping to glean anything that could be
used against him. On the day of jury selection Howard's attorneys were
made aware of the calls. With only a couple of weeks until trial the
attorneys did not have the time to listen to 699 twenty minute calls, pick
a jury and prepare for an already complicated enough trial. The judge
promptly denied the motion and jury selection went on. In the end the
prosecution took 3 excerpts from the 699 calls, spliced them together and
played a conversation that could easily be taken out of context by the
jury.
6) The eyewitnesses testified that they saw the shooter. They were less
than 100 from him. They testified thatthe shooter was a stocky built,
5'7" man that could have been white with a hood over his head! Howard
is 6'0" tall and African American. Neither of the witnesses
identified Howard as the killer. The judge still allowed them to testify.
7) Howard's indictment was structured so that he could be convicted from
seven different angles, making it easy for the jury to find a way to find
him guilty.