Sign the Petition to President Obama, Attoney General Eric Holder, Govenor Jerry Brown, District Attorney Nancy E. O'Malley, Judge Thelton Henderson, Us District Court of Appeals Anita M. Bock

Please read, sign, and pass on petition in the wrongful conviction of Kerry Baxter Senior. Kerrys Civil Rights were violated and he was maliciously prosecuted, and sentenced to 66 years to life under California's Three Strikes Law. In April of 2001, he was charged with 2nd Degree Murder by the Alameda County District Attorney's Office in Oakland California. This was a case of malicious prosecution, in which the Deputy DA, Colleen McMahon and Homicide Detective Brian Madeira, knew he was innocent. Kerry was targeted because he refused to sign a plea deal of 40 years for a crime he did not commit. African American Males are often the target of District Attorney's who offer plea deals, often in crimes they did not commit. The Public Defender went along with the District Attorney Deputy DA (Colleen McMahon), who was allowed to present evidence to the court that was prejudicial to Kerry.

The evidence collected by Oakland Police was available to the District Attorney's Office, but withheld from his defense. In 2003, Kerry was sentenced to 66 years to life in Alameda County Superior Court, under California' s Three Strike Law.  This law is more often than not applied to African American Males at the discretion of the Courts. The trial was played out in the Oakland Tribune, which characterized Kerry as a Gang Member and Drug Dealer.  The Tribune reporter refused to print a rebuttal response from Kerry's family.  He and another younger man were engaged in an altercation down the street from where an innocent bystander was shot and killed. According to witness testimony the man fell after a car rode by and four shots were fired at the victim. Yet, the DA and Police charged Kerry with murder when he was not even on the scene. This is why we are getting his story out and requesting your support to have his conviction overturned.

Kerry was employed as a Journey Level carpenter, and a member of the Carpenter's Union.  He was also a Journal Level Machinist, and had been  employed at Oakland Naval Medical Center for many years. He was about to go to work on the Bay Bridge as a Pile Driver. He is the father of two sons, and a daughter and was very involved in their lives. The all white jury found Kerry guilty of 2nd degree murder and Judge Horner sentenced him to the maximum 66 years to life. It is worth noting that the presiding Judge (Judge Horner), also oversaw the trial of the Oakland Knight Riders a group of Oakland Police Officers accused of  beating and robbing African American males.  Kerry’s attorney, Richard Hove was suspended and on probation while representing him. Hove did not disclose that his father was a judge and a friend to the Judge on Kerry’s case, Jeffrey Horner. The Judge knew, or should have known of the status of Richard Hove, who was disbarred in 2008.

This was a misuse of public funds by those sworn to uphold the law, and a case of Judicial misconduct. . It is important that we support the Rights of Every American, whether it is the Second, fourth, or thirteenth Amendment. We are not asking for anything extraordinary in the case. The person who shot and killed Anthony Blake is still out there. In this case there is no justice for the Victim and an innocent man is in prison. We are asking for Justice for Kerry and relief for our family.

We have a right to live as Free Persons in Our Own Country!




Signed,

Anita Wills


An Injustice to One is an Injustice to All! As an American Citizen our rights are guaranteed in the Constitution, yet some citizens are deemed more worthy of rights than others. There is no qualification in the Constitution and should be none in the Courts.  Kerry's right to a fair trial were denied when an All White Jury was chosen, when he was denied the right to question a witness; when the Homicide Investigator and witness against him perjured themselves, and the courts turned a blind eye; when evidence of his innocence was withheld by the District Attorney. Kerry, unlike many African American's refused to take a Plea for a crime he did not commit. Everyone should be concerned about this Wrongful, Malicious Conviction. 


Oakland Tribune Reporter Glenn Chapman refused to print any information from family refuting the claims he made.  Kerry was not a Felon at the time of this conviction and was working as a Carpenter, and a member of the Carpenters' Union. The other young man, was pressured into testifying against Kerry by the Police and DA. He and Kerry were more than a block away from the shooting of Anthony Blake. One of the witnesses testified that they saw a Cadillac pull up and four shots were fired in the direction of the Martinique.  The DA and Judge were looking for a conviction someone who they could tarnish after losing a case against the Oakland Riders, a group of rogue Policemen harassing black males in Oakland.  The Main Officer testifying against Kerry, although not charged was identified as a member of the Knight Rider.  After the trial Homicide Detective Brian Maderia was promoted to Lieutenant and even starred in a Documentary about Oakland Street Gangs.  Madeira testified that Kerry was a Gang Member (at 31 years old), and a Drug Dealer, and had lied to his family about being employed. Kerry is, and was a working member of dues paying and taxpaying, member of the Carpenter's Union. 


Deposition from Witness of Drive-by Shooting on MacArthur Blvd., in front of Martinique Bar. When the shooting took place, Kerry and Jahmani Jones were on Maple and MacArthur near Georgia Street.

Deposition taken from Arnold Colbert in which Police changed his wording to fit their scenario. This statement contradicts what the Police Stated happened and was not presented at trial.

Map of MacArthur & Maple Street near the Martinique Bar - Kerry was standing South on Maple, more than a block away from the victim. Who witnesses state was shot by a drive-by shooter. 


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