Here are just some of the reasons Wallace received ineffective counseling.
To see exactly how ineffective Leo Browne was read Harper's Magazine article from June, 1997 issue:
"A LAWYER WITHOUT PRECEDENT".
Petitioner's conviction and sentence are in violation of the 5th, 6th, 8th, and 14th amendments because petitioner received ineffective assistance of counsel during both phases of his trial.
Counsel's failure to investigate Mr. Fugate's history and personal background rendered their assistance ineffective.
Counsel's failure to present any evidence in mitigation of the alleged crimes.
Counsel's failure to present important relevant mitigating evidence in the sentencing phase.
Counsel's failure to investigate the background and statements of the states witnesses render their assistance ineffective.
Counsel's failure to conduct meaningful voir dire.
Counsel's failure to file and pursue appropriate and necessary pretrial motions.
Counsel's failure to object to certain highly prejudicial exhibits.
Counsel's failure to rebut the state's experts rendered ineffectiveness.
Counsel's failure to object to state's inflammatory and improper colosing argument.
Defense counsel's operated under a conflict of interest that precluded their ineffective assistance.
Defense counsel's failure to investigate G.B.I. informant.
Defense counsel's failure to investigate G.B.I.'s illegal search and seizure.
Defense counsel's failure to locate evidence.
This trial was predetermined, everything was planned before the trial even started.
Joe Briley [pg. 14] - And I think it is safe to say that they [Jury] will be sequestered for at least two night.
Judge William Prior Jr. [pg. 362] - I anticipate this trial will take two (2) or three (3) days.
James Cline's Opening Statement [pg. 377] - he [Wallace] broke a window in the downstairs area and reached in and turned one of those little flip locks and pushed the window up. That he [Wallace] disabled a .22 rifle that belonged to Mark.
Reginald Bellury told Wallace that they had dusted this window for prints and found none.
The G.B.I. told Bellury the window was the only thing that had been dusted for prints, not the door, phone, rifle, or Mark's radio. Things they said Wallace touched.
When Briley showed Mize Exhibit #14, a photo of Mark's bedroom, he asked, "Do you see anything?", leading the witness.
Mize pointed out the plunger at the foot of Mark's bed. He stated Mitchell found it but on cross-examination he said that he found it and it was out in plain view.
When Mitchell was asked about the plunger he said he found it on the 7th of May, three (3) days later but it was part-way under the foot of the bed.?
Then you have the photo of the gun laying on the living room floor, WITH THE PLUNGER STILL IN IT! Mize testified he took Mark's rifle and lock it up the night of May 4th. How could the plunger have gotten back inside the house to be found by anyone if it were attached to the rifle in the first place?
Mark testified [pg. 379,380 & 472] Wallace pushed him aside, jumped on Pattie, beat her in the head with the gun, choked her and scratched her.
He peeps around, Wallace looks back, he ducks behind the van and he hears a shot.
He watched Wallace pull Pattie's head back, puts the gun to her head and shoots her. When he looks back around the edge of the van his mother was dead on the ground.
FACT: Mark did not have in any of four (4) previous statements that Wallace had pushed him, jumped on Pat, chocked her, or scratched her. Autopsy disproves his statement as the bullet entered at a distance.
According to the telephone bill Pattie made a call to Vickie at 5:26 p.m. (3 minutes). In less than five (5) minutes later she had been shot.
Mark testified [pg. 380] he went into the house, got the portable phone, came back outside, and attempted to call the Sheriff's office [5:31 pm]. BUT FIRST he went in the house to look for some bullets but there were none in the house. On cross-examination he said he had used some a couple of days before and had laid them down by the sliding glass door.
There just was not enough time for him to be in the house telling his aunt to call the sheriff, be beside Pattie and Wallace, and be throwing stuff behind the van and in the driveway?
Mark's 2nd call at 5:33-5:34 pm (1 minute)
Mark's 3rd call at 5:36-5:48 pm (12 minutes)
Deputy Harper testified [pg. 393] he, Rickie Mize, and E.M.T.'s arrived at 5:46 pm, two (2) minutes before Mark got off the phone. He also said it was raining (not flooding). Mark was sitting beside Pattie, holding her hand and the phone in his other hand.
E.M.T. Amerson testified [pg. 397, 398] they [other EMT] arrived at 5:46 pm, the same time as Deputy Harper, as they pulled in the yard about the same time. They saw Mark coming out of the house.
Three people arrived at the same time but saw two complete different scenes?
Mize could NOT have been anywhere near the scene as he wasn't even called at his home until 5:49 pm by radio dispatcher, Sheila Durham, three (3) minutes AFTER Harper and E.M.T.'s arrival.
Mize testified [pg. 437] he THINKS the E.M.T.'s were present when he arrived, and at this point in time I went into the residence with Mark and Harper.
How could he have missed seeing Pattie and the E.M.T.'s who were working on her first?
David Hallman stated [pg. 407]: he had a discussion with Pattie on Tuesday about her being off on Saturday, five (5) days BEFORE the accident.
When he testified he changed his story and was not questioned further about the change. David was also called as a juror but dismissed because he testified he had already made up his mind about guilt.
George Sims testified [pg. 409] he counts 19 calls on that day.
Sims omitting that only six (6) calls, totalling $.82 cents, were made by Wallace.
Mark testified [pg. 380] he went home with his aunt and uncle, Vickie and Butch McCarthy.
The telephone bill proves that Mark, or someone else, was still at the 'supposedly secured' house on the 5th, 6th, and 7th of May, 1991.
Lon Taylor testified [pg. 423] he was called by Wallace at 10:19 am from Pattie house, to pick up his 1957 Ford at Highway 212. He also stated the car was locked and he didn't have a key.
The G.B.I. made an illegal search of the car as they obtained no warrent.
Jeff Seckinger testified [pg. 426] he received a bolo (a lookout) for a black Ford Aerostar van with an antenna on top, damaged to the front and silver on the bottom, around 6:00 pm. He stated the van stopped in the roadway. The subject [Wallace] exited the van and asked where the Sheriff's Department was. I told him to follow me and I would show him where it is. When Mr. Fugate exited the car we asked him was he Mr. Fugate. He said he was. I asked him to place his hand on the car, did he have any weapons. He said he did not, (they) were in the vehicle. We placed him under arrest, secured the van, kept the keys in my pocket until a deputy arrived from Putnam County. Sgt. Tuft took Mr. Fugate inside.
Wallace was taken inside the Baldwin County Sheriff's Department and stripped. No photos were taken at that time.
When Lyn Standford picked Wallace up to transport him to Putnam he was given only his T-shirt, pants, socks, and shoes. His shirt and jacket were placed inside the van after he had been taken away. One photo taken of the van does shows his plaid shirt on the passenger's seat. [See photos taken of the van]. Neither this shirt nor Wallace's jacket were ever accounted for by the Baldwin or Putnam County Sheriff's Departments! Briley stated several times there was no shirt or jacket and Exhibit #23 was never shown during the trial, not even by Wallace's attorneys.
When Mark first called the Sheriff's Department he told them he had damaged the the van when it left and that is why the the sheriff's departments bolos said 'damage to the front'. He also testified that Wallace had beaten Pattie's head on the van several times.
The photos of the van prove both statements to be false as there was no damage on the exterior of the van and no blood.
Why was the van never run through test to see if there were any blood stains to be found on the outside?
The van was taken to Riverside Ford, within 3 months, and sold at auction so the evidence was disposed of and could not be investigated.
Mize testified he only received Mr. Fugate's lighter, wallet and keys. No pocketknife was listed.
Mize gave Wallace's key ring to Mark, who took the van, house, and Mustang keys so that eveidence was conviently disposed of.
Seckinger at cross-examination testified [pg. 430] one firearm was under the seat and one on the console.
Wallace told Seckinger that IT [gun] was in the vehicle, not THEY. He did not even know Pattie had a firearm, let alone that a .22 was in the van until 9 months later when Bellury told him the G.B.I. slipped up and said something about it. Bellury found out the pistol belonged to Wendell Combs. Linda Walton had told Wallace Pattie had a gun that her sister, Vickie, had given her.
If photos were ever taken of either gun they are not to be found.
Mark testified Pat had a gun in the van, between the seat and console, then changed it and said it was in the console.
This can not be true as the console did NOT open up.
Mize was shown Exhibit #6 (Game Room Patio Door And Window) and Exhibit #17 (Game Room Window). The location of this patio is on the South side of the residence. And these photos were NOT TAKEN THAT EVENING as Mize stated during the trial. There would be no sunshine. This was not brought to the jurys attention either. The house had been cleaned as shown clearly when you compare all the photos taken inside the residence and photos taken outside the residence.
Mize was asked in realtionship to this yard where was the body? "Further out from the house than this picture shows", then he points towards the bottom of the picture and says, in this vicinity here, somewhere along in there.
He was also asked what the weather was like, saying, "very stormy even to the point when I got there it was still flooding". On cross-examination he said it was a "downpour" of rain.
Check out all the photos taken inside the residence and you can clearly see they were taken during the morning hours and not at night. Exhibit #17 was shown to the jury but not any others as THEY WOULD SHOW THEY DEFINITE WERE NOT TAKEN ON A STORMY NIGHT AS MIZE TESTIFIED!
Pattie was laying next to the front door on the West side of the house and nowhere near the area Mize stated.
When Harper was asked what the weather was like he stated it was raining, not flooding.
Mize stated the only things he received of Mr. Fugate's were some keys, lighter, and a wallet. But Briley led the jury to believe he had used a pocket knife to break out the the small piece of glass in the game room window.
Impossible to open this window since security pins had been inserted on each side of the interior window frame by Wallace. Photos shows the window looks more like it was shot by a BB gun and in the very middle of the window, nowhere near either security pin. (See photos taken inside the residence)
There are numberous other items that prove there was no way things happened as people testified to during Wallace's trial.
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