Kerry Baxter civil rights were violated and he was denied a fair trial in Alameda County California. He was charged  with 2nd Degree Murder, in 2001 and convicted in 2003.  This was a case of malicious prosecution, in which the Deputy DA, and Homicide Detective had knowledge of his innocence. This case should not have gone to trial, There  was evidence of  innocence. The evidence was collected by Oakland Police and made available to the District Attorney's Office. In  2003, Kerry was sentenced to 66 years to life in Alameda the Oakland Tribune ran articles that were libelous against Kerry. They refused to run rebuttals about the information given to them by the District Attorney and Police. 

On March 30, 2001 an innocent bystander was shot and died in front of Martinique Bar in Oakland California. At the same time as the incident Kerry and another young man, and several of the young men's friends were in an altercation. The young man shot at Kerry and missed and Kerry then pulled out a gun and shot him in the foot. Prior to the incident Kerry had been in the Martinique Bar and was summed out by the young man and his friends. Kerry was 31 years old and the young men ranged from 18 - 20 years old.  They were almost two blocks from the Martinique where the man was standing. Witnesses have come forward stating that the man was shot by a drive-by shooter. Yet it was Kerry who was charged with 2nd degree murder and the facts where changed to support the charges.

Kerry was portrayed as a Gang Member and Drug Dealer which was false. He was a hard working man. He was employed as a carpenter, and had previously worked at Naval Medical Center for many years. Prior to the trial Kerry was offered a Plea Deal of  40 years which he refused. The Deputy DA (Colleen McMahon), was upset and stated that they would throw the book at him, and they carried through on the threat. At the time of his sentence he was a working member of the Carpenter's Union and 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 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. His mother paid Hove $15,000 to represent Kerry. Hove did not disclose that his father was a judge and a friend to the Judge on Kerry’s case, Geoffrey Horner, Judge Horner knew, or should have known of the status of Richard Hove, who was finally disbarred in 2008. It is also worth noting that Judge Horner was friends with Richard Hoves' father, who had been a Judge in the same Courthouse.•    

This was a misuse of public funds by those sworn to uphold the law. This was 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. Why did the police not follow up on the testimony a drive-by shooter shot in the direction of Victim? None of the people who gave depositions showed up in court. The person who shot and killed Anthony Blake (the victim), 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!   

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