MISCARRIAGE OF JUSTICE

The Case of Donald Jones

By Lord Serious

Miscarriage of Justice. Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of the party. (Black’s Law Dictionary, Abridged Fifth Edition)

Donald Jones was a blue collar hard working father of four children in 1994. He never imagined that by age 20 a false accusation would have him fighting to get out of prison for the next 30 years. His 1995 conviction for Abduction and Aggravated Sexual Assault after a bench trial in Petersburg Circuit Court before the Honorable Judge Oliver Pollard forever changed his life. “The judge sentenced me to 95 years with 5 suspended”, says Mr. Jones.

On 11/13/95 an unknown person sent his trial attorney Paul Bland a file containing information that an additional forensic report existed which had never been disclosed to Mr. Jones or his attorney.

The Commonwealth’s Attorney’s Office had withheld exculpatory evidence that supported Mr. Jones’s claim that he was an innocent man. In light of this newly discovered evidence Judge Pollard stayed Mr. Jones’s sentence until he could review the file and take the matter into consideration. This court order to stay Mr. Jones’s sentence could only be overridden by a new court order. However, as a result of a clerical error Mr. Jones’s sentence and conviction were reactivated and he was transferred into the custody of Virginia Department of Corrections (VDOC) without a valid sentencing order on 1/18/96.

Ironically, when VDOC became aware that Mr. Jones was being unlawfully detained they contacted Petersburg City Jail to inform them that Mr. Jones would have to be released from their custody. Apparently, because his sentence was stayed on 11/15/95, Mr. Jones was a free man as far as VDOC was concerned. But officials at the city jail misled VDOC into believing that there was a retainer on Mr. Jones. It was unclear to VDOC whether Mr. Jones still had jail time to serve or if he would be resentenced at a later date. On 7/23/96 Mr. Jones was transferred back to Petersburg City Jail.

He had recently hired attorney Joseph Morrissey to represent him. According to Mr. Jones, his new attorney filed a Motion to Vacate his conviction. But when Mr. Jones went back before Judge Pollard the Motion to Vacate was never heard. Mr. Jones claims that it was at this time when Joseph Morrissey presented him with a plea bargain for 20 years. “They were trying to hide what had been done, because they knew I couldn’t be sent back to prison under the same vacated sentencing order.” Mr. Jones claims that Judge Pollard’s 11/15/95 order to stay his 90 year active sentence required a hearing to review the suppressed exculpatory evidence. “I know Joe Morrissey was in on it”, Mr. Jones fumes, “he sold me out.”

When Mr. Jones refused the plea deal Judge Pollard held an illegal hearing by resentencing him once again under that old conviction order which Mr. Jones claims the judge could no longer do. “The court had lost its jurisdiction once 21 days had lapsed on the order to stay my sentence and they transferred me into DOC custody.”

On “9-10-96 Petersburg Circuit Court upheld the sentence of 10-26-95. Mr. Jones has a total of 90yrs to serve” (DOC Memorandum dated 10/2/96). Mr. Jones was transferred back into VDOC custody on 9/11/96.

This is the story of how a loving father of four had his life torn apart, and how the man Donald Jones became inmate #1076927. For 30 years Mr. Jones has had to live with the mistakes of others and suffer the consequences as if they were his own. Mr. Jones has lost more than his employment and yearly salary as a dump truck driver. He has been deprived of his God given right to be a physically present father and raise his kids. Mr. Jones has missed out on birthdays, graduations, the birth of his grandbabies, and the ability to protect his children.

In 2014 his youngest son Jaymonta Jones was gunned down in Petersburg, Virginia. “I could see the effect his brother’s death was having on my oldest son Jamar. I knew I was losing him and there was nothing I could do about it.” Within eight years his oldest son Jamar Jones would be murdered too. Another victim of senseless gun violence in Petersburg. “I’ve had to bury both of my sons from the penitentiary”, Jones told me.

It is clear that prison has taken a lot from Donald Jones and he has had to carry a burden that no man should be forced to bear. But he doesn’t let his circumstances discourage him. Mr. Jones told me that he had done everything within his power to get his case back in court and overturned. But appeal after appeal was denied.

He said, “I didn’t know what else to do, or who I could turn to. So I kept faith and prayed.”

Whenever I’ve observed Mr. Jones, he is always giving a kind word or helping others. I asked how he was able to get his case back in court after so many years had passed? He replied, “One day my counselor observed me fixing guys a meal in the mental health pod during the holidays. Which is part of my ministry, it’s something I did for every major holiday. When this woman approached me and asked me, “What can I do to help you make parole?” I told her that in 1996 Greensville Correctional Center released me after it had been discovered by a staff member that my sentencing order and conviction had been stayed and vacated by my trial judge. I told her that DOC sent me back to the jail, because DOC could not keep me in their custody without a valid sentencing order. But no one will believe me.”

Mr. Jones then informed me that his counselor was now more determined than ever to help him regain his freedom. According to Mr. Jones this woman told him that she would check his files to see if she could locate anything of use to him. And if she did then she’d provide him with a copy.

Sure enough, after her lunch break his counselor returned with a file. She handed him the documents and that there was a sticky note attached to them that read “Whatever you do, never give inmate a copy of these files”. When Mr. Jones inspects the contents of the documents, he finds a handwritten copy of the very documents he’s been trying to get access to for 20 years.

Mr. Jones informed me that the prison records department refused to allow his counselor to remove the file or make photocopies of it. So she made a handwritten copy and uploaded its contents into his Coris file which is the database system VDOC uses to keep track of inmates within their custody.

The counselor allegedly tells him, “I told records that this can’t be legal and if it’s his files then he can have them.” Mr. Jones assures me that these were the woman’s words verbatim. He’s asked me not to identify her by name, however, he seems confident that if it would help his case she would be willing to answer any questions and even testify under oath in open court to these facts.

With this new evidence of government suppression Mr. Jones was now able to get his case back into court and fight for his freedom again. He wrote the courts requesting a copy of his case file. Hoping it would contain an actual copy of the document his counselor provided him. But Petersburg Circuit Court refused to furnish him with a copy of his case file. He alleges that his numerous attempts have been frustrated by a clerk named Harold Johnson.

When I asked Mr. Jones what reason would Harold Johnson have to interfere in his attempts to regain freedom? He claimed the two of them have a history of bad blood. According to Mr. Jones, he and Harold Johnson had a physical altercation when they both were younger. I questioned whether Mr. Johnson would actually violate the law and risk his career over something so juvenile? And Mr. Jones told me the following story:

“One day I go to my baby mama’s house to see her and my daughter. And this guy is there sitting on the couch next to my baby mama with my daughter on his knee. I walk over and pick my daughter up then I tell him “Alright, you can leave.” He gave me a look and before he could get the words out of his mouth I smacked him in the face. He then got up and left.”

Mr. Jones alleges that Harold Johnson has been holding a grudge against him ever since, and though Mr. Johnson is now a married man; Harold Johnson has continued to carry on an extramarital affair with his daughter’s mother throughout his incarceration. Mr. Jones claims whenever he sends family members to the courthouse to purchase a copy of his files, they are told by someone at the clerk’s office that a judge needs to review their request before his files can be released.

I remind Mr. Jones that his court records are public record and anyone should be able to get access to them if they’re willing to pay for the copies. He replies, “I know.” When I asked were his files or court proceedings were under a court seal he responds, “No.” Mr. Jones continued, “Harold Johnson is one of the top clerk’s at this office, and still to this day my files still haven’t been released to me.”

As we further discuss his case he reveals that the suppression of evidence and government interference goes even further. Recently he has uncovered new exculpatory evidence- biological evidence that has been suppressed. I asked him how he acquired this evidence without going through the clerk’s office? He reminded me of a mass email that was sent out by VDOC to all offenders. The August 22, 2024 email stated the Department of Forensic Science was reviewing all cases from the 1970s to 1980s that were worked by Mary Jane Burton due to possible corruption.

His case happened in the 90s. But he figured that if Mary Jane Burton was involved in a cover up then it was possible that the forensic scientist who worked on his case was involved in a cover up too. Mr. Jones was resourceful enough to get the address to the Department of Forensic Science from that email and he wrote the lab himself.

Within a few weeks Mr. Jones received a response from the lab, and within the contents of it he found a certificate analysis for a blood test. This report revealed that special instructions were given by Commonwealth’s Attorney Bill Bray instructing them to stop further testing and that a separate report was written. Furthermore, Commonwealth’s Attorney Bill Bray personally collected the evidence himself from the lab. The findings of the blood test revealed that the contributor was likely someone of Hispanic descent. However, the other report that was written which was not sent to him is still being withheld by the Commonwealth’s Attorney Office. Mr. Jones argues that this separate report likely contains the certificate of analysis and the findings of a DNA test. I remind Mr. Jones blood tests are less reliable than DNA evidence, and he suggests that this is why it is being suppressed. “They don’t want me to get my hands on it cause they know it will free me”, says Mr. Jones regarding the potential exculpatory evidence. Mr. Jones says Commonwealth’s Attorney Bill Bray has a duty to disclose all of the evidence to him, but he’s been violating the law for 30 years.

Since 2016 Mr. Jones has filled the following motions and petitions within Petersburg Circuit Court, Virginia Court of Appeals, and the Supreme Court of Virginia:

Motion to Vacate in 2016
Writ of Coram Nobis in 2022
Appeal to Virginia Court of Appeals in 2023
Supreme Court of Virginia rendered judgement September 12, 2024

The presumption of guilt after conviction and entering DOC custody may not be an impossible hurdle to overcome for prisoners. Nevertheless, for Mr. Jones the task has been an extremely daunting one. Donald Jones is deserving of additional judicial review and a fair and impartial hearing on the merits of his claims. Yes, he has had his day in court, and he has had multiple appeals, petitions, and motions denied. However, not every trial is fair; not every guilty verdict is lawful; sometimes, innocent people get convicted and a miscarriage of justice occurs. Therefore, this direct appeal is being made to the hearts and minds of the public. Because in a democracy the Court of Public Opinion has always been the supreme court of the land.

We, the incarcerated, the disenfranchised, get manhunted as social deviants, corralled as criminal offenders, branded as felons, and occasionally, released back into society as returning citizens. For most of this time we are kept separated from the public by time, distance, and the cement walls which barricade us. A rather crude merger of conditions which has the sterilizing effect of muting our voices. No one in the criminal justice system heard this man’s cries for help.

We the incarcerated, the disenfranchised, make no claims at being perfect. However, there are those cloaked in the awesome power of public office who set out on a crusade to convince the world that the criminal justice system is perfect. Yet, every year there seems to be more people getting their cases overturned. The public is appalled to learn that government corruption and suppression of evidence is responsible for causing these wrongful convictions. These miscarriages of justice are far too common today, as the prison industrial complex finds it more difficult to manage the problems caused by mass incarceration: the public defender offices with far too many caseloads; prosecutors offices whose annual budgets are determined by the number of felony cases they charge; and, the Black men like Donald Jones, who come from impoverished communities and who are disproportionately denied justice in courtrooms nationwide.

For all of the above reasons We, the incarcerated, fast and pray this Court will grant the relief sought.

P.E.A.C.E

Pardon Exonerate Amend Cases Everywhere

Of Racial Injustice

This expression of accuracy, aligns to verify a truth that has been shown as a “RACIALLY MOTIVATED ACTION” by the Virginia Beach Circuit Court, as well as an unknown number of City and County Judges throughout the State of Virginia, intending to increase the Prison Population with the unfair sentencing of Black Men and Women in the State of Virginia. While some may consider this to be an “unfair speculation”, I assure you that the record and the research of past Criminal offenses, will not only show the discrepancies in sentencing practices in the Va. Beach Circuit Courts, but also the unfair sentencing practices that exists throughout the State of Virginia, as well as every other State to make up the sum total 50.

Due to these VERIFIABLE Decisions/Judgments, it’s painfully obvious that there WAS and IS an empathetic “benefit of doubt” giving, this is and continues to be extended to White people, over Black and Brown People. While the STRICT enactment of the “Tough On Crime Bill and its Harsher Sentences” created far more hardships, than lied about; it’s rigid application, has resulted in the Black Males being found guilty of Criminal Offenses that are identical to White Males, but when it came to sentencing, Black Men and Women were sentenced to a much longer term of incarceration.

While the inaccurate titles of “Conspiracy Theorist” or “Angry Black Man” is likely to be spat, but when this act of racism is spoken about, such an unwarranted labeling only confirms the arrogance and audacious mentality of the people who are appointed to “Judge and Punish” by an ethical balancing. There are TOO MANY factual occurrences that will show the biasness of these robed officials, who continue to cloak their devious ideologies with the letter of the law.

But tell me…WHEN THE FACTS can be shown by researching the sentences of Black and Brown People Convicted and Sentenced for Felony Homicide, and those researched numbers, when compared to the number of White People Convicted and Sentenced for Felony Homicide, the flagrant discrimination is revealed. So tell Me, will “THEY” change the unwarranted attachment of inappropriate naming, when the revelation of “lopsided” Justice, accurately shows the “Black and Brown People Who Were Unjustly Tried or Unfairly Sentenced”?

Shouldn’t the findings of an honest comparison, be deemed UNJUST if the findings reflect a Judicial imbalance, when different people are before the Court? While Harsher Sentences are the result of a “Tough On Crime Bill” that utilized fear mongering tactics to fill the coffers of State Officials, as well as the individual “stakeholders” of Corporate and Privatization plannings, that would come to exploit the Incarcerated Person as well as their loved ones.

The Imprisoning and Warehousing of Black Men and Women hadn’t only become “BIG” business, but an oppressive reason to “over police” low-income neighborhoods, which are predominantly Black or Brown communities, due to stratification and the socioeconomic circumstances put in place by Legislative Officials, who saw low-income housing as Political Catapults for career minded Politicians.

I mean, how hard is it to figure, when the of Jury of my Trial Proceedings, UNANIMOUSLY ACQUITTED me of a Firearm I never possessed or used? That very “acquittal” has a GIGANTIC importance, with a SUBSTANTIAL VALUE to my incarceration. Not only did the ACQUITTAL remove the Firearm from my possession, but it also proved the IMPOSSIBILITY of me, being responsible for the act of First-Degree Murder that had been committed! These verifiable FACTS, ELIMINATES any accusation of a Violent Act being committed by my hands. And since the trial Jury had determined that I DID NOT HAVE or USE the weapon proven to have killed the victim, the determined verdict clarified the “lack of any physical action” committed on my part, thus proving my innocence ON IT’S FACE(meaning: Absolutely Obvious)!

But even as a “NONCONTRIBUTING ACCESSORY” in the crime committed, there was NO EVIDENCE to show that I knowingly or unknowingly, Aided; Assisted; or Abetted, by Actions; Words; or Gestures! Nor was there any evidence to support the accusation, that I had prior knowledge of any intention to commit a crime, let alone the crime of First-Degree Murder.

With all of the FACTS I just conveyed to you, being accessible to the public, I HEREBY ACCUSE THE VA. BEACH CIRCUIT COURT, OF DELIBERATELY SENTENCING ME TO A TERM OF CONFINEMENT, THAT WOULD EXCEED THE TERM OF CONFINEMENT MY “WHITE” CODEFENDANT WAS SENTENCED TO, AFTER BEING FOUND GUILTY OF ALL INDICTMENTS, DECLARED “TRUE BILLS” BY THE GRAND JURY! THE NUMERICAL TERM DIFFERENCE IS ’10’ YEARS! PER THE VERIFIED SENTENCE SUMMARY, MY “WHITE” CODEFENDANT WAS SENTENCED TO LESS TIME ON EVERY CRIMINAL INDICTMENT! AND EVEN THOUGH I HAD BEEN ACQUITTED OF THE VERY INSTRUMENT USED TO COMMIT THE CRIMINAL OFFENSE; HE WAS FOUND GUILTY OF ‘USE OF A FIREARM IN THE COMMISSION OF A FELONY’, AND I STILL WAS SENTENCED TO A MORE EXCESSIVE AMOUNT OF TIME!

For the record, He received 29 years total, and I received 39 years. Where I was sentenced to 25 years for First Degree Murder, he was sentenced to 20 years! Where I was sentenced to 10 years for Attempted Robbery, he was sentenced to 6 years! Where I was sentenced to 4 year for Conspiracy, he was given 12 months! Where I was ACQUITTED of Use of a Firearm in the commission of a felony, he was given 3 years!!! That’s just to put things in perspective for you. I was TRIED; CONVICTED; and SENTENCED to 4 decades, for BEING BLACK!! That’s not what I’m saying, that’s what the facts has shown!

-Alfonso Skyles

Pray For Me(Song from Boosie Badazz)”

There has been much to do, when holding one’s self accountable. I’ve sat and witnessed the many, become victims
to the very environment that’s meant to be productive and rehabilitative. With understanding, I’ve asked myself, if the
inhumane actions done to individuals incarcerated, resemble the same inhumane treatments of individuals who are
in society? I ask myself and God, does the tears and cries of the downtrodden, matter, even though we’ve made the
mistakes that landed us in these unfortunate set of circumstances?

I can’t speak to the mistreatment of the incarcerated, without speaking to the mistreatment of the staff who are in the
trenches with us. My rationale for this expression, is to see and recognize the lacking of Human decency, as it
pertains to ALL PEOPLE; even the Men and Women who work to earn a livable wage…they are also victims of the
Carceral System, as it creates the traumas that often goes unnoticed or unconsidered.
These People…these Men; Women; Sons; Daughters; Fathers; and Mothers, have been hard pressed to do the
right thing, as it aligns with the Human Spirit. In all honesty, I’ve had Staff, care enough about me than the
inhabitants who live around me; those who’re within the exact same position and experiencing the same conditions.
I’ve had Staff and Inhabitants of this environment, care enough about each other, from a humanity stand point, that it
establishes a fondness and respect for the people they are. But it’s too often, that such truths and behaviors are
misrepresented as “Fraternization”, because the respectful smiles and treatments of an individual incarcerated, goes
against the identity of what the Imprisonment of Human Beings has always been.

On August 16, 2024, Greensville Correctional Center, was so short of staff, that they couldn’t manage the regular
issues that are necessary for Housing the Men here. My Unit Manager showed so much strength and
fortitude, while enduring the overwhelming stress of being the Unit Manager, Lieutenant, Sergeant, Floor Officer,
and the floating officer, to ensure that the Officers who worked in the building, were able to have the necessary
breaks. I watched this Woman; this Mother; this Concerned and Professional Person, look Beat Down; Bruised;
Defeated and Unconsidered.
I watched as the choice swirled in the conscious mind of an overworked; overlooked and unappreciated employee.
The unfortunate circumstances, made a Mother have to choose between being a “professional oppressor”, due to
the many unaddressed issues, that makes one choose their profession, over being Mothers; Fathers; and Human
Beings. I watched as adjustments had to be made, as a result of a staff shortage, which couldn’t allow a Mother to
go home, at the respectable hour to pick up her child. I watched her shoulder the burden of the World and the
Heavens, only to become a victim of the lazy mentality, of those who are in authority over Her or work alongside her,
in this environment.
This is not an essay to point fingers or name names. But what has become true from the past, up to now, is that
there’s no accountability of those issues that are often great sound bites or article fillers. Frankly, there is no
Humanized treatment of the staff or the residents of this institution. The fraternal order of “Correctional Officers”, are
only working as the means to support their lives and their families, remaining unconcerned of who suffers the Mental
Strains; the Broken Families; as well as those Questions of one’s very own worth, within a much Bigger Human
Family.
There’s so many OUTSTANDING People, who are currently employed here, at Greensville Correctional Center, that
are leaving here, in order to work at Lawrenceville Correctional Center. One of the best People, who’s a Unit Manager of the Reentry Building and Army Veteran is also leaving. She has always been the proper example of a Good Person; a Great Manager of any and all affairs, that addresses the issues of people… if
their jumping ship, what does that say about the environment and the people who manage/control it, as an overall.
Those are just a few of the people who are losing their own humanity, due to the expectation of separating their humanity from their occupation. They have relied heavily, on those of us, who has made the choice to work towards
Building Bridges and Mending Fences. Yes, those Bridges takes effort and time, but when there’s no efforts put towards the action, which leads to solutions, we fail at the proper outcomes we’re trying to gain.

This next expression is very close to me, and that’s because it speaks to the excessive force, utilized, without having clear and present evidence, to justify such force or the order of that force, being utilized. Please know that I compose this, at a risk of being viewed differently; handled differently; as well as treated differently. But I WILL NOT sit around and allow the very nature of People, to be disrupted, corrupted, or looked at with a biasness, that can’t be shown out of uniform, as it is displayed while in the uniform. Meaning…if you have an ulterior motive, towards the
population of incarcerated Men and Women, then state it; embrace; and outwardly display it, for the Free World to see, as well as the incarcerated one, to know and accept. {NOTE: This is to speak to the Mentality of the environment and how such a Mentality, has not only risked the lives
of people, but the very Humanity that separates the People from animals}. As I am held to the standard of a Human Being first, and Man second; how is it fair and decent, to absolve the Staff Officials of such a standard? So this is
just a few of the Inhumane treatments that’s occurring, within these Imprisoning facilities.}

Alfonso “Ghaza” Skyles (aka. Quillz) (#1134129)

Greensville Correctional Center

There’s No Justice In The Law

by Lord Serious

Justice cannot be arrested by law. Justice cannot be confined to any statute. Whenever lawmakers attempt to codify justice, justice ceases to exist. The framers thought they captured it in the constitution, but that is no justice. That is only the imitation of justice. The narrow scope of the law is only a cheap replica of what lawmakers think justice should be. Do these man made laws truly serve the greater good? If so, then why do these public safety policies result in disparate treatment that makes disadvantage groups feel unsafe? When the law being implemented in the interest of justice serves only special interest; these laws aren’t just, they’re just the law.

Justice is an art, the law is a science. One is abstract and infinite while the other concrete and finite. It is justice that established the four seasons and equally divided time between day and night. It is the law that caused global warming and decides daylight savings time. The law’s limitation is that it can only impose penalties. But justice is boundless in its ability to grant rewards. The nature of law is to discriminate. But justice will befriend an enemy, because it’s nature is to be indiscriminate. The law can be used to condemn and incriminate the innocent. Justice has fulfilled its purpose when it redeems and liberates the guilty.

The criminal justice system is a system of laws governing institutions to punish those who have violated the law. This system is so structured that it has an inherent bias towards the social conditions of the impoverished. Those who are being marginalized and excluded from mainstream society are disproportionately underemployed. They disproportionately suffer from mental health issues. Furthermore, their environmental conditions disproportionately exposes them to traumatic experiences within their homes and in their community.

As a direct result of these conditions, a major disparity exists between which socioeconomic class receives heavy scrutiny under the law and which receives a slap on the wrist. There are disparities in how the law penalizes the white collar and corporate crimes predominantly committed by the upper class. Versus how the law punishes the property crime, substance abuse, and violent crimes that are caused by poverty. Justice will always correct imbalance wherever it may exist. But the laws inhibit justice, because they are what cause the imbalances within this society to increase: the wage gap, the shrinking middle class, the opioid crisis. All of these social conditions are symptoms of the larger class conflict. These are the effects caused by laws that reflect the predatory behavior of the capitalist elite.

It is the law that permits the capitalist elite to cause an economic crisis that disproportionately harms middle class and lower class Americans. Increasing layoffs and unemployment nationwide. It is the law that provides government bailouts to the wealthy, but provides no relief to the member of the middle class facing foreclosure. It is the law that allows the institutional investor to buy these single family homes for pennies on the dollar and gentrify impoverished neighborhoods. Then put these properties back on the rental market and raise rent on the underprivileged. It is the law that permits the increase of evictions and then passes new laws to ban homeless encampments.

For this system to be just, it must stop punishing its citizens for being victimized by the very social conditions the laws create. Until lawmakers see those of us on the bottom of the social hierarchy, the laws will continue to protect the capital interest of their donors and special interest groups. Until legislators open their eyes to the social disorder being caused by the predatory behavior of the upper class, the law will continue to be wielded as a weapon to criminalize every member of the American underclass who accepts defeat. The law imposes retribution and it demands deterrence, but justice repairs harm and it restores balance. Laws penalizing those responsible for structuring this society in a way that causes the conditions influencing criminal behavior do not exist and they never will. These conditions are only allowed to exist, because there is no justice in the law.

P.E.A.C.E
Proper Education Always Corrects Error

Lord Serious Hakim Allah

(aka James Boughton # 1404741)

Lawrenceville Correctional Center