Monday, 12 March 2012
Update on Justin Underwood Case
As of this date, Febuary 13, 2012, my petition for Habeas Corpus still remains in the Southern District Federal Court of Appeals and has yet to be ruled on.
At this time, I would like to give a brief recital of the facts of my case and the injustice that I received from what America claims is a equal, just, and fair Criminal Justice System.
On March 9, 1994, I was arrested by Madison Co Sheriff's Department for suspicion of burglary. I was also informed that they believed I had stolen merchandise in my car, but that it would be towed because there was no search warrant.
However, after I was placed in the squad car, one of the officers removed materials from my car but replaced them when another of his fellow officers stated that there was no search warrant.
I brought this information to my trial attorney Edward Blackmon Jr. but nothing became of that. My trial attorney failed to properly address a lot of issues and that's why I am filing for inadequqte and ineffective assistance of counsel.
The state of Ms asserts that I confessed to (a) this crime of murder and I challenged that before trial with Suppression of Evidence hearing. I adamantly deny confessing and I invoked my Rights to Remain Silent.
All three investigators agreed that I refused to answer any of the questions for 40 to 45 minute period and then they left the interrogation room. Approximately 15 minutes later, another of the interrogators came into the room to ask questions, witch violated my miranda rights.
During the Suppression Hearing, all three invesigators told different stories of the events but they all said I never invoked my Right to Remain Silent. Of course, the judge (Hon. B. Toney) ruled in their favor and their testimony in part convicted me.
There are other parts of this case that played a major role in my conviction. I place some of the blame on myself because I felt that my attorney wasn't representing my best interests and yet I remained silent and am now convicted.
I was never charged with the burglary charge they arrested me on nor was I ever indicted of burglary. Investigators used a burglary warrant as a decoy to charge and later convict me of murder.
Please stay tuned because there is more to come and more to develop as investigators for my Appellate attorney continue to piece together this puzzle that we hope and pray will bring a beautiful picture of truth.
Justin Underwood # 55372
Mississippi Death Row