{"id":2072,"date":"2015-06-15T10:58:55","date_gmt":"2015-06-15T15:58:55","guid":{"rendered":"http:\/\/www.candoclemency.com\/?p=2072"},"modified":"2022-08-19T15:34:30","modified_gmt":"2022-08-19T20:34:30","slug":"justice-denied-paul-frees-quest-for-freedom","status":"publish","type":"post","link":"https:\/\/sheryanne.com\/cando-new2\/justice-denied-paul-frees-quest-for-freedom\/","title":{"rendered":"Justice Denied: Paul Free&#8217;s Two-Decade Plus Quest for Freedom"},"content":{"rendered":"<figure id=\"attachment_2081\" aria-describedby=\"caption-attachment-2081\" style=\"width: 199px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/paulfreenow.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-2081 size-medium\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/paulfreenow-199x300.jpg\" alt=\"Paul Free is serving Life Without Parole for Marijuana\" width=\"199\" height=\"300\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/paulfreenow-199x300.jpg 199w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/paulfreenow.jpg 594w\" sizes=\"auto, (max-width: 199px) 100vw, 199px\" \/><\/a><figcaption id=\"caption-attachment-2081\" class=\"wp-caption-text\">Paul Free is serving Life Without Parole for Marijuana<\/figcaption><\/figure>\n<h2><strong>MOTION DENIED<\/strong><\/h2>\n<p>The ruling might as well have said &#8220;Justice Denied.&#8221;<\/p>\n<p><a href=\"http:\/\/www.candoclemency.com\/paul-free\/\" target=\"_blank\" rel=\"noopener\"><strong>Paul Free<\/strong><\/a>, serving a sentence of life without parole for a nonviolent marijuana conspiracy offense he says he can prove he did not commit, is used to such outcomes after more than 20 years of incarceration in a maximum-security federal penitentiary. It\u2019s the reason for this particular denial of justice that is so maddening to him this time.<\/p>\n<p>One of the judges charged with deciding his fate claims Free should have brought up evidence of his innocence years ago and that his current \u201c<a href=\"http:\/\/www.freepaulfree.com\/wp-content\/uploads\/2015\/04\/pfmotion.pdf\" target=\"_blank\" rel=\"noopener\">Motion for Rehearing<\/a>\u201d contains nothing new. However, anyone who actually takes the time to read the petition will see a brand new affidavit from the case\u2019s star witness, a man who testified on the stand that he and Paul Free traveled together for years and were responsible for delivering large quantities of marijuana. This witness now states that he never knew Paul Free before the trial, in fact he didn\u2019t even know him at the time of trial, but detectives told him whom they wanted to convict and he complied.<\/p>\n<p>As astounding as this piece of evidence is, there is much more evidence that puts Paul Free hundreds of miles away from where the \u201ccrime\u201d took place. But that is the least part of this dramatic story. The real story, casually dismissed by the judge claiming he saw no new evidence, lies in the resolve, determination, and resilience of the remarkable man at its heart.<\/p>\n<p>Paul Free has worked tirelessly, every day, against near impossible obstacles and odds, for over two decades, to get a chance at the justice that was denied him during his trial. If he wasn&#8217;t writing a motion, or a reply, or an appeal to the courts of appeal, or to the Supreme Court, he was waiting on a response from them. All the while he was gathering as much evidence of his innocence as he could find. He hired investigators to first locate and then interview each of those who testified against him at trial, no small feat from the confines of federal prison and on a prisoner\u2019s wages.<\/p>\n<p>For many years Paul did everything on his own, but along the way he has gathered a dedicated group of supporters and followers, including this organization, who want to see him released.<\/p>\n<figure id=\"attachment_2082\" aria-describedby=\"caption-attachment-2082\" style=\"width: 123px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/paulmaxine.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-2082\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/paulmaxine-123x300.jpg\" alt=\"Paul Free with his mother, the late Maxine Free, not long after he was first incarcerated.\" width=\"123\" height=\"300\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/paulmaxine-123x300.jpg 123w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/paulmaxine.jpg 296w\" sizes=\"auto, (max-width: 123px) 100vw, 123px\" \/><\/a><figcaption id=\"caption-attachment-2082\" class=\"wp-caption-text\">Paul Free with his mother, the late Maxine Free, not long after he was first incarcerated.<\/figcaption><\/figure>\n<h2>Before we explore Paul Free\u2019s twenty-year plus quest for the justice denied him, let\u2019s be clear about two facts first:<\/h2>\n<ul>\n<li>Even if Free did commit the crime in question, we are still talking about a marijuana-only conspiracy, with no violence and no victims. Free maintains not only did he not commit this crime, he could not possibly have done what the government accuses him of without going backwards in time and being in two places at once.<\/li>\n<li>Yes, a person absolutely can receive a life sentence for a nonviolent conspiracy offense in the USA. Even just for marijuana and even though 4 states have legalized marijuana for recreational purposes and 23 have for medicinal purposes. Most people with such convictions are senior citizens, like Paul Free, who have been locked away for decades. However the practice still continues. The CAN-DO Foundation\u2019s <a href=\"http:\/\/www.candoclemency.com\/corvain-cooper-life-for-pot\/\" target=\"_blank\" rel=\"noopener\">newest identified marijuana lifer<\/a> received his life without parole sentence in 2014.<\/li>\n<\/ul>\n<h2>A Confusing Trial<\/h2>\n<p>When Paul Free first went to trial for conspiracy to distribute marijuana back in 1995, he knew he was being framed. Yes he had a prior conviction for marijuana, but he had paid his debt to society and left that life behind. Nonetheless, various witnesses in the case kept referring to doing various illegal activities with \u201cPaul.\u201d It wasn\u2019t until mid trial when two of the co-defendants Robert Lillie and Antonio Diaz, saw Free and informed the attorneys \u201cthat\u2019s not Paul,\u201d that Free realized there actually was a \u201cPaul\u201d involved in the case, it just was not Paul Free.<\/p>\n<p>Free pleaded with his attorney, a public defender, to put these witnesses on the stand. The \u201cdefense\u201d attorney refused. Free pleaded with the judge to allow him to replace his attorney, for he certainly was not representing the best interests of his client. The judge, who according to Free fell asleep on the bench five times during the trial, refused.<\/p>\n<p>In order to prove he was not the \u201cPaul\u201d that the witnesses were talking about, Free asked to be identified in a lineup. The prosecutor at first refused, but after a lot of cajoling finally agreed to a photo-only line up with the stipulation that Paul Free\u2019s public defender NOT be present. Remarkably, Free\u2019s attorney agreed to the condition!<\/p>\n<p>What was presented at trial was that defendant Douglas Shephard identified Paul Free in the photo lineup as the man he traveled cross country with to deliver illegal loads of marijuana. Yet Paul Free maintains he had never met Doug Shephard in his life.<\/p>\n<figure id=\"attachment_2080\" aria-describedby=\"caption-attachment-2080\" style=\"width: 200px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/midrangepaul.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-2080 size-medium\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/midrangepaul-200x300.jpg\" alt=\"Paul Free, serving Life for Pot, in younger days.\" width=\"200\" height=\"300\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/midrangepaul-200x300.jpg 200w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/midrangepaul.jpg 479w\" sizes=\"auto, (max-width: 200px) 100vw, 200px\" \/><\/a><figcaption id=\"caption-attachment-2080\" class=\"wp-caption-text\">Paul Free, serving Life for Pot, in younger days, not long after he was first incarcerated.<\/figcaption><\/figure>\n<h2>A Two-Decades Plus Struggle for Justice That Continues Today<\/h2>\n<p>Through his two-decade plus struggle for freedom, Paul Free dealt with a number of private investigators he hired whenever he could save up enough funds to pay their fees. Some were helpful, most delivered a snippet of information then held him up for more money if he wanted anything more useful, while others took the first fee and disappeared, never to be heard from again. These unscrupulous individuals knew a prisoner had no recourse to do anything about it.<\/p>\n<p>Like everyone doing long sentences on a conspiracy case, Paul Free\u2019s conviction hinged not on actual evidence against him, but rather on the testimony of others who were trying to avoid prison time themselves. Like Free, they were given the opportunity to implicate others and thus avoid prison time. In other words, they had a big incentive to lie. Unlike Free they had no problem doing so.<\/p>\n<p>At the time, Paul Free was offered 7 years or less if he testified against others. When he informed his public defender that he did not know the people he was being asked to testify against, the counselor\u2019s answer was, \u201cSo?.\u201d<\/p>\n<p>Paul Free was then offered 7 years to implicate people that he did know, but did not know of their involvement with any crime. Free refused both deals. When I interviewed him in 2014 he told me that he would make the same decision today, even knowing the outcome, because, \u201cWhat good is life if you can\u2019t look at yourself in the mirror?\u201d<\/p>\n<figure id=\"attachment_2078\" aria-describedby=\"caption-attachment-2078\" style=\"width: 300px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/deedeepaupaul.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-2078\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/deedeepaupaul-300x250.jpg\" alt=\"Supporters want to see Paul Free set Free!\" width=\"300\" height=\"250\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/deedeepaupaul-300x250.jpg 300w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/deedeepaupaul-768x640.jpg 768w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/deedeepaupaul.jpg 960w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><figcaption id=\"caption-attachment-2078\" class=\"wp-caption-text\">Supporters want to see Paul Free set Free!<\/figcaption><\/figure>\n<h2>A False Witness Triggers a Life Without Parole Sentence<\/h2>\n<p>One of the \u201cwitnesses\u201d the investigators found was a woman, Georgette Tomsick, who had the misfortune of being in the wrong place at the wrong time. She was not involved in the Sumpter organization that was on trial, but was apparently arrested in the same Organ Pipes National Park in Arizona while smuggling marijuana across from Mexico. This spot had been used by the Sumpter organization up to six months earlier and was used by other smugglers on an almost daily basis. Nonetheless, this woman was brought to Detroit. \u00a0She was offered a sentence reduction if she pled guilty to being part of the Sumpter organization, despite the fact that she had nothing whatsoever to do with them. She did and as a result, the weight of the marijuana she was smuggling was attributed to Paul Free\u2019s crime, raising his sentence from the mandatory minimum of twenty years, to life without possibility of parole.<\/p>\n<p>Years later when investigators found her, this \u201cwitness\u201d informed them that at the time, she was shown photos of Paul Free and others in the trial, but she could not identify any of them. Perhaps that is why she was never called upon to actually testify. Nonetheless, government agents did testify for five\u00a0days about her, saying that she and Paul Free worked hand-in-hand to commit this crime. However ten years later, in a recorded conversation between the prosecutor in Free\u2019s case and a panel at the court of appeals, the prosecutor was recorded admitting that, when he interviewed the woman before Paul Free\u2019s trial, he learned that she and Free \u201cwere not connected.\u201d<\/p>\n<p>That statement contradicts what the prosecutors told Paul Free\u2019s jury and sentencing court. Further, the date on a speeding ticket this woman received in Arizona, along with a notarized affidavit from Paul Free\u2019s college professor that puts him in class in San Diego, establishes beyond any doubt that HE COULD NOT have been in Arizona with her at the time. The professor stated that Paul Free was in class each and every day of the entire course.<br \/>\nThrough perseverance and hard work from the confines of prison, Paul Free was able to gather other physical evidence, such as rental car, hotel, and phone receipts that put him hundreds of miles away from where he would have had to have been to pick up the loads of marijuana in question.<\/p>\n<h2>A Lost Witness\u00a0Located (again)<\/h2>\n<figure id=\"attachment_2084\" aria-describedby=\"caption-attachment-2084\" style=\"width: 200px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/vincettepaul.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-2084\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/vincettepaul-200x300.jpg\" alt=\"Paul Free is serving Life for Marijuana\" width=\"200\" height=\"300\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/vincettepaul-200x300.jpg 200w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/vincettepaul.jpg 640w\" sizes=\"auto, (max-width: 200px) 100vw, 200px\" \/><\/a><figcaption id=\"caption-attachment-2084\" class=\"wp-caption-text\">Paul Free is serving Life for Marijuana<\/figcaption><\/figure>\n<p>Eventually through snippets of information Free learned the Paul involved in his case was actually a man named Paul Atkinson, who seemed to work for the DEA. Witnesses told investigators they were threatened to testify against Free by Atkinson and other agents, and they feared for their lives and the lives of their family members.<\/p>\n<p>When an investigator, in the company of a local sheriff, first located Douglas Shephard in 2007 in California, he agreed to meet with them the following day. However, the man who presented the most damning testimony against Paul Free had packed up all his belongings and disappeared by the time the investigator returned\u00a0to follow up.<\/p>\n<p>It took over 5 years for Paul Free to track down Douglas Shephard again. Free had never waivered in his search as he knew that Shephard held the key to his innocence. By the time another investigator was able to track Shephard down again at his new residence in Southern California in 2012, Paul<\/p>\n<figure id=\"attachment_2079\" aria-describedby=\"caption-attachment-2079\" style=\"width: 300px\" class=\"wp-caption alignright\"><a href=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/group.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-2079 size-medium\" src=\"http:\/\/www.candoclemency.com\/wp-content\/uploads\/2015\/06\/group-300x150.jpg\" alt=\"Southern California supporters gather to help raise defense funds for Paul Free, serving Life for Pot.\" width=\"300\" height=\"150\" srcset=\"https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/group-300x150.jpg 300w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/group-768x384.jpg 768w, https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2015\/06\/group.jpg 960w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><figcaption id=\"caption-attachment-2079\" class=\"wp-caption-text\">Southern California supporters gather to help raise defense funds for Paul Free, serving Life for Pot.<\/figcaption><\/figure>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>The Paul Free Case: A Twenty-Year Plus Timeline<\/h2>\n<p><strong>01-29-1994<\/strong> Richard Sumpter arrested in Detroit.<\/p>\n<p><strong>07-22-1994<\/strong> Paul Free arrested in San Diego, California.<\/p>\n<p><strong>12-02-1994<\/strong> Government\u00a0submits 28 U.S.C. Section Notice of two priors. Counsel for Free says: &#8220;I thought there was only one and a 20-year maximum,&#8221; four days before trial begins.<\/p>\n<p><strong>12-05-1994<\/strong> Trial begins. Robert Lillie&#8217;s counsel informs Paul Free&#8217;s attorney that Lillie saw Free in the courtroom and he said: &#8220;That man is not the &#8216;Paul&#8217; with whom I committed the charged crimes.&#8221; Free&#8217;s attorney refuses to interview Lillie or bring him into court.<\/p>\n<p><strong>02-09-1995<\/strong> Jury finds Paul Free guilty of Count-I Conspiracy.<\/p>\n<p><strong>02-14-1995<\/strong> Antonio Diaz, in a separate sentencing hearing, informs the judge that he saw Free in the courtroom and Free is not the &#8220;Paul&#8221; he hired in the conspiracy.<\/p>\n<p><strong>06-16-1995<\/strong>\u00a0Paul Free sentenced to Life Without Parole. He asked the court to apply a &#8220;lower standard&#8221; that a preponderance to determine drug quantity effectively raising the APPRENDI issue five years before the Supreme Court decided that case.<\/p>\n<p><strong>08-03-1999<\/strong> Sixth Circuit Affirms Paul Free&#8217;s conviction and sentence in U.S. V. ACEVEDO, 148 F.3d 577. No. 95-1694.<\/p>\n<p><strong>09-01-1998<\/strong> Professor Pehrson returns from &#8220;being out of the country for the past eighteen months&#8221; and finds a letter Paul Free wrote him almost two years earlier and he certifies, by signing a Notary Affidavit, the he &#8220;checked his records&#8221; and discovered that Paul Free &#8220;had definitely&#8221; been in each of the professor&#8217;s (eighteen-day) Summer Session classes. Accordingly, Paul Free could not have been with Shepard, Diaz and Tomsick in Arizona and Washington State when government witnesses testified that he had been.<\/p>\n<p><strong>02-18-1999<\/strong> Free&#8217;s &#8220;Certified&#8221; outgoing mail, including to an attorney and the Supreme Court is destroyed by guards at U.S. Penitentiary, Florence, Colorado.<\/p>\n<p><strong>06-18-1999<\/strong> Free submits habeas Section 2255 Petition in the Detroit District Court. It contains Professor Pehrson&#8217;s affidavit plus the information from Robert Lillie and Antonio Diaz. Case No. 99-73802.<\/p>\n<p><strong>06-26-2000<\/strong> U.S. Supreme Court decides the <a href=\"https:\/\/www.law.cornell.edu\/supct\/html\/99-478.ZS.html\" target=\"_blank\" rel=\"noopener\">APPRENDI case<\/a>.<\/p>\n<p><strong>07-25-2000<\/strong> Free requests and receives leave to amend Section 2255 Petition with the APPRENDI argument.<\/p>\n<p><strong>07-12-2002<\/strong> District Court Denies Section 2255 Petition.<\/p>\n<p><strong>11-29-2002<\/strong> Request for Certificate of Appealability (&#8220;COA&#8221;) filed.<\/p>\n<p><strong>12-16-2002<\/strong> COA denied in District Court.<\/p>\n<p><strong>12-30-2002<\/strong> Free requests COA in Sixth Circuit. No. 03-1077.<\/p>\n<p><strong>01-09-2004<\/strong> COA Denied in Sixth Circuit Court of Appeals. Review by a single judge: Martin.<\/p>\n<p><strong>02-15-2004<\/strong> Free writes to investigator Clive Brown of International Nationtime Corp., 3550 Wilshire Blvd., Los Angeles, California, and requests that he locate Paul Atkinson.<\/p>\n<p><strong>04-09-2004<\/strong> Clive Brown responds that payment received.<\/p>\n<p><strong>04-19-2004<\/strong> Clive Brown responds: Paul Atkinson located.<\/p>\n<p><strong>05-14-2004<\/strong> Free responds to Brown: &#8220;Thank you, can you find Georgette Tomsick?&#8221;<\/p>\n<p><strong>06-21-2004<\/strong> C. Brown responds: received payment of $300.00 to locate Georgette Tomsick.<\/p>\n<p><strong>07-14-2004<\/strong> C. Brown: Tomsick located in Las Vegas, Nevada.<\/p>\n<p><strong>08-17-2004<\/strong> Free files for Certiorari review of COA denial in U.S. Supreme Court.<\/p>\n<p><strong>01-02-2005<\/strong> Free responds to C. Brown: &#8220;Great job! How much for you to interview Tomsick and Atkinson?&#8221;<\/p>\n<p><strong>01-10-2005<\/strong> U.S. Supreme Court denies review of COA request.<\/p>\n<p><strong>01-28-2005<\/strong> C. Brown states he has spoken to G. Tomsick and P. Atkinson and will have signed affidavits from both for $2200.00 and for another $300.00 he will locate Douglas Shepard.<\/p>\n<p><strong>02-22-2005<\/strong> C. Brown sends fax to Charles Free, Paul&#8217;s brother, stating that he &#8220;has interviewed Tomsick and Atkinson and for $2200.00 [he] will get a signed and notarized affidavit from each of them.&#8221; \u00a0After they send $2500.00 they hear nothing except: &#8220;We need two more weeks&#8221; and &#8220;my mother is in the hospital&#8221; and &#8220;Tomsick&#8217;s mother is in the hospital&#8221; and &#8220;I am in Louisiana looking for 8 members of my family missing since Hurricane Katrina&#8221; and &#8220;We will have those affidavits&#8230; next week.&#8221;<\/p>\n<p><strong>04-02-2005<\/strong> Letter from C. Brown to Free: &#8220;We are prepared to go back to Las Vegas.&#8221; Then: &#8220;Tomsick says due to an emergency she will be unable to meet with us until 5\/15\/05 at 3 pm.&#8221;<\/p>\n<p><strong>07-27-2005<\/strong> Letter from C. Brown to Free: &#8220;Sorry it&#8217;s taken so long, we&#8217;ll have those affidavits signed soon and then we will go to Shepard&#8217;s house. Be patient.&#8221;<\/p>\n<p><strong>09-26-2005<\/strong> Free contacts Mike Pirouzian of Observant Investigations and states that he cannot trust the Browns anymore and asks that he locate Doug Shepard. Pirouzian informs Free that Shepard is in Oregon.<\/p>\n<p><strong>02-02-2006<\/strong> Letter from Free to C. Brown: &#8220;One year ago this month we sent you money to locate and interview Tomsick, Atkinson, and Shepard. To date we have heard nothing. Please let me know what is going on.&#8221;<\/p>\n<p><strong>08-04-2006<\/strong> Free hires investigator Archer in Oregon to interview Shepard.<\/p>\n<p><strong>08-16-2006<\/strong> Free hires Miss Snelling in Oregon to interview Shepard. She goes to a neighbor&#8217;s house and asks questions about Shepard. He disappears.<\/p>\n<p><strong>09-26-2006<\/strong> Free hires Patrick Higgins of Accredited Investigations of Oregon to locate and interview Shepard.<\/p>\n<p><strong>10-11-2006<\/strong> Free&#8217;s mother signs contract with Higgins to locate and interview Shepard. $1,125.00 retainer. Ck # 2909.<\/p>\n<p><strong>11-14-2006<\/strong> Higgins to free: Still looking for D. Shepard.<\/p>\n<p><strong>12-11-2006<\/strong> Higgins to Free: Expenses to date: $879.75.<\/p>\n<p><strong>03-26-2007<\/strong> Higgins: Shepard is in California near Redlands. On the recommendation of Higgins, Free hires Larry Smith, a local private investigator.<\/p>\n<p><strong>05-15-2007<\/strong> Free received transcript of Oral Argument held 03\/09\/2004 in CREHORE V. USA wherein the same Assistant US Attorney from Free&#8217;s trial ten-years earlier informs the Panel of the Sixth Circuit that he reviewed the agents&#8217; notes and discovered that Free and Georgette Tomsick: &#8220;Were not connected.&#8221; At Free&#8217;s trial in 1994 the same prosecutor brought out, through three witnesses over five days that Tomsick and Free committed numerous crimes together against the United States.<\/p>\n<p><strong>06-21-2007<\/strong> Free writes to L. Smith.<\/p>\n<p><strong>08-03-2007<\/strong> Free writes to L. Smith.<\/p>\n<p><strong>09-10-2007<\/strong> Free writes to L. Smith.<\/p>\n<p><strong>10-11-2007<\/strong> Larry Smith goes to Las Vegas, speaks with Tomsick. He sends her a letter and an affidavit to sign. Smith informs Free that Paul Atkinson is deceased. Smith locates Doug Shepard in Hemet, California and interviews him in the company of a local Sheriff. Shepard says &#8220;I thought I testified against the right man&#8230; because the agents told me he was. \u00a0Shepard agrees to meet the next day at a notary but he is seen packing his belongings in a truck and he disappears.<\/p>\n<p><strong>12-10-2007<\/strong> Free receives transcribed copy of Oral Argument of October 23, 2007 in Sixth Circuit wherein the same prosecutor admitted that he &#8220;inadvertently&#8221; &#8220;submitted false evidence and committed fraud upon the court&#8221; when he submitted that Free and Crehore &#8220;communicated by phone &#8220;after the latter had been released on bond.<br \/>\n<strong>IT MUST BE NOTED that ALL previous court decisions have relied on one false fact: they have all accepted the government&#8217;s assertion that Free&#8217;s claims of fraud, by officers of the court, are restricted to THAT ONE SINGLE INSTANCE OF FRAUD &#8211; which the prosecutor admitted; when, in fact, Free raised numerous instances of fraud that are well documented.<\/strong><\/p>\n<p><strong>04-24-2008<\/strong> Free filed, in U.S. District Court, Eastern District of Michigan: &#8220;Motion to Reopen the Case, An Independent Action Under Fed.R.Civ.P. Rule 60(b) [actually (d)] the All Writs Act, 28 U.S.C. Section 1651, and the Court&#8217;s Inherent Power to Protect the Integrity of the Judicial Process Based on Newly Discovered Evidence of Actual Innocence and Multiple Instances of Fraud Upon the Court, by Officers of the Court;&#8221; and, a &#8220;Motion for Order Directing Marshals to Seize the Files from the Office of the U.S. Attorney.&#8221;<\/p>\n<p><strong>07-07-2008<\/strong> District Court, ED Mich, denied &#8220;Motion to Reopen&#8221;<\/p>\n<p><strong>08-05-2008<\/strong> Dist.Crt. ED Mich., Denied COA.<\/p>\n<p><strong>12-15-2011<\/strong>\u00a0Paul Free receives an affidavit from Teshia Clapp, private investigator in Tennessee, who locates and interviews Jeremy May. May tells\u00a0Clapp\u00a0he never saw Paul Free before trial in Detroit, that Paul Free is not the &#8220;Paul&#8221; with whom he committed the charged crimes; and, after he read a part of the trial transcripts he told her that the prosecutor lied to the judge when he accused Free of threatening May in the hallway of the courthouse moments before May was to testify. May said this never happened. The prosecutor repeated that false and damaging statement at Free&#8217;s sentencing.<\/p>\n<p><strong>02-27-2012<\/strong> Free receives\u00a0a declaration from investigator Victor Torres who relates that he located and interviewed Douglas Shepard near Los Angeles, California. Torres states that he revealed to Shepard the content of the Jeremy May affidavit and informed him \u00a0that Paul Akinson had died. Torres certifies that the only statements Shepard made were (1) that he thought the pre-trial line up photo identification process, where he was asked to identify Free, &#8220;was a bit illegal \u00a0because the agents made me pick the man they wanted,&#8221; and (2) that Paul Atkinson had threatened to kill him if he ever revealed that Paul Free was innocent and that he, Atkinson, had been the one with whom Shepard committed the charged crimes. Torres further states that Shepard agreed to meet later and sign an affidavit but that never happened. WhenFree asked Torres to go back and get more information, Torres told him: &#8220;That&#8217;s all you get for $600.00&#8221; adding &#8220;if you want more\u00a0you will have to send me $2500.00.&#8221;<\/p>\n<p><strong>01-31-2013<\/strong> Free files a 28 USC Section 2241 petition in the U.S. District Court for the Eastern District of California, Fresno. FREE V. COPENHAVER, Case No. 1:13-cv-00148-MJS-HC, &#8220;2241-I.&#8221;<\/p>\n<p><strong>05-07-2013<\/strong> 2241-I Denied in District Court\u00a0on procedural grounds as the court believed it lacked jurisdiction.<\/p>\n<p><strong>05-20-2014<\/strong> Ninth Circuit Denied appeal of denial of 2241-I.<\/p>\n<p><strong>08-08-2014<\/strong> Free was finally able to have Shepard interviewed again. This time Shepard agreed to write and sign an affidavit with his attorney and did so regarding the line up and his false identification of Free and his false testimony at trial.<\/p>\n<p><strong>Shepard&#8217;s 2014<\/strong> Notary Affidavit reads:\u00a0&#8220;I was asked to identify a photo of a man named Paul who took me to Arizona to pick up loads of marijuana or who was otherwise involved with me in the conspiracy. \u00a0I saw there were approximately six photos of men in the photo spread and I told Detective Mark Thomas and Illinois State InvestigatorJames Michael Girton that I could not identify any of them. \u00a0Agent Thomas then went over to a window and Agent Girton put his finger on one of the photos and said, &#8220;This is Paul Free, this is the man we want,&#8221; and he wrote the name Paul Free on that photo. The agents had to show me which photo was Paul Free, and when I was asked to identify Paul, they had to tell me &#8220;The man in the green sport coat,&#8221; when I was asked to identify Paul in the courtroom.&#8221;<\/p>\n<p><strong>10-02-2014<\/strong> Free filed another 2241 petition in the Eastern District of California, Fresno, FREE V. COPENHAVER, Case No. 1:14-cv-01542-AWI-GSA, &#8220;2241-II.&#8221; It contains Shepard&#8217;s Notary Affidavit for the first time.<\/p>\n<p><strong>12-29-2014<\/strong> Free files a 28 USC Section 2255 Motion in the Eastern District of Michigan, Detroit, Case No. 94-cr-80095, the original docket number of the case as law supports it is an extension of the original case.<\/p>\n<p><strong>02-23-2015<\/strong> The District Court, ED Michigan, transfers the 2255 petition to the Sixth Circuit (erroneously) believing that it was a &#8220;second or successive&#8221; motion requiring precertification, contrary to Supreme Court case law. It was docketed on 02\/23\/2015 as Case No. 15-1185.<\/p>\n<p><strong>06-04-2015<\/strong> The district Court for the Eastern District of California denied 2241-II and Rule 59(e) motion on procedural grounds believing that it lacked jurisdiction as 2255 was &#8220;available&#8221; in Michigan according to this court in California.<\/p>\n<p><strong>06-05-2015<\/strong> Free timely filed a Notice of Appeal to the Ninth Circuit Court of Appeals of the California court&#8217;s decision. It is docketed as No. 15-15631.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The ruling might as well have said &#8220;Justice Denied.&#8221; Paul Free, serving a sentence of life without parole for a nonviolent marijuana conspiracy offense he says he can prove he did not commit, is used to such outcomes after more than 20 years of incarceration in a maximum-security federal penitentiary. It\u2019s the reason for this particular denial of justice that is so maddening to him this time.<\/p>\n","protected":false},"author":2,"featured_media":3173,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[40,4],"tags":[27],"class_list":["post-2072","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-can-do-media","category-can-do-news","tag-can-do-foundation"],"featured_image_src_large":["https:\/\/sheryanne.com\/cando-new2\/wp-content\/uploads\/2016\/01\/Meeko-e1452834490564.png",100,88,false],"author_info":{"display_name":"Amy Ralston Povah","author_link":"https:\/\/sheryanne.com\/cando-new2\/author\/candoamy\/"},"comment_info":30,"category_info":[{"term_id":40,"name":"CAN-DO in the Media","slug":"can-do-media","term_group":0,"term_taxonomy_id":40,"taxonomy":"category","description":"","parent":0,"count":199,"filter":"raw","cat_ID":40,"category_count":199,"category_description":"","cat_name":"CAN-DO in the Media","category_nicename":"can-do-media","category_parent":0},{"term_id":4,"name":"CAN-DO News","slug":"can-do-news","term_group":0,"term_taxonomy_id":4,"taxonomy":"category","description":"","parent":0,"count":224,"filter":"raw","cat_ID":4,"category_count":224,"category_description":"","cat_name":"CAN-DO News","category_nicename":"can-do-news","category_parent":0}],"tag_info":[{"term_id":27,"name":"CAN-DO Foundation","slug":"can-do-foundation","term_group":0,"term_taxonomy_id":27,"taxonomy":"post_tag","description":"","parent":0,"count":461,"filter":"raw"}],"taxonomy_info":{"category":[{"value":40,"label":"CAN-DO in the Media"},{"value":4,"label":"CAN-DO News"}],"post_tag":[{"value":27,"label":"CAN-DO Foundation"}]},"_links":{"self":[{"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/posts\/2072","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/comments?post=2072"}],"version-history":[{"count":1,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/posts\/2072\/revisions"}],"predecessor-version":[{"id":14973,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/posts\/2072\/revisions\/14973"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/media\/3173"}],"wp:attachment":[{"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/media?parent=2072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/categories?post=2072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sheryanne.com\/cando-new2\/wp-json\/wp\/v2\/tags?post=2072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}