Re: Desperate Plea For Help;
In Re: Actual Innocence Claim.


Hello, this correspondence is for help from a wrongful conviction of an innocent man – Me. Frankly, how does one trouble another whom s/he does not know for this type of help? Despite my intimidated feelings I do not want a miracle. I genuinely “Need One!” Why? Because a properly valid investigation into the subject matter of my criminal case along with the public’s help is Desperately Needed!

I believe in “Facts” as only the facts that reveal the truth of a matter. But, I believe the relative Officials connected to my case simply rushed me to judgment just to close the case from their dockets/files.

Specifically, the entire case stemmed from me and my (then) girlfriend: While celebrating my birthday, we went to a bar in my neighborhood for a nightcap. We arrived right after last-call but the bartender gave me a drink anyway because it was my birthday. While we were there, two groups of people, in the bar, broke out into an altercation, it got physical and rapidly escalated into somebody shooting a gun – from one group to the other group. Immediately my girlfriend and I ran for the back door of the bar. In the process of escaping the situation we both lost some personal items like her phone, my glasses, etc. Probably because I had fallen as we were fleeing from inside the place.

How does this turn into Me going to prison for decades? I had no gun, physical injuries (that would be evident from a fight), and, all of the employees in the bar testified that I was not involved in the situation whatsoever. To the integrity of the employees, the District Attorney’s Office, very intensely, on several occasions, tried to manipulate their statements (during examination) – that I had nothing to do with the situation – into I had everything to do with the situation. The employees would not have it and adamantly maintained I was not involved. They all maintained I was simply a patron at the bar.

As for the victims; Officers put my photo in multiple line-ups they presented to each of the three brothers – victims of the shooting. Each brother, individually and consistently failed to pick me as the person they fought with and/or had shot at them; for years they did not identify me as the perpetrator involved in the situation. In fact, they described the perpetrator as being 6’ tall, with tattoos, bald and having no facial hair or glasses, also wearing a bandana. That is the description of the person who shot them looked like. In contrast, I am 5’8”, had no tattoos (then), and wore eye glasses. Photos of that night clearly depict I have hair on my head, face, and was not wearing a bandana.

How do experienced and unprejudiced Officials link my description to the person who was involved in this situation, given the contrasts? I do not understand, how can this be my life? The general perception of the Court’s duties are to weigh evidence and judge according to justice and facts! Not in my case.
At trial, a very bizarre situation developed. Until now all of the brothers were unable to identify me as the person they argued with, fought with, or had shot at them. The D.A.’s Office literally had no evidence implicating me to these crimes or the victims. Justice would dictate that they should have dismissed the case against me; that is not what they did.

At trial, incomprehensibly, at the D.A. left the Courtroom to get each of the brothers, individually, for examination, each of them entered the Courtroom hysterically screaming, crying: “He Did It…”, over and over, pointing at me as I was sitting at the Defense table. I might-as-well have had a target over my head. The only ones not surprised by this new development was the prosecutors. I was literally stunned because this was absolutely the first time I had ever been identified in connection to the shooting. Ever! During the course of this case.

The prosecutors knew that before these moments neither of the brothers could identify me with this situation. That, the D.A. only linked me to that night because of an unrelated photo on my girlfriend’s phone left at the bar that night. In fact, during cross examination neither of the brothers could/would explain how they all of a sudden knew I did anything to them. To compound the inconsistencies of their allegations, their statement’s of events of that night not only significantly very but they also conflict with each other’s statements of alleged “Facts.” It defies all sense of logic. Literally, outside of these Courtroom performances the D.A. had ZERO evidence against me, indicating I committed any type of crimes.

Apparently, the law identifies what happened as an “In Court Identification” process. I do not believe it should have been allowed because (1) for three years at and after the incident neither of the victims identified me as doing anything to them, and (2) had it not been for their performances, in front of the Jury, I would have been acquitted of all allegations.

My Appellate Counsel: Megan A. Ring, believed in my innocence and understood the significance of the improper use of the “in court identification” procedure. She presented the issue to the Colorado Court of Appeals (Case. No. 2012CA2540), and again to the Colorado Supreme Court (Case No. 2016SC75). The highlight and confirmation that this wrongfully permitted procedure was what convicted me came when the Court asked the State’s Attorney Generals Office: where was the evidence used to convict Mr. Garner of this crime (other than the “in court identification”). They could not even present one piece of evidence used in my implication. Not One! Despite that the State of Colorado would not provide me with any relief. An innocent man!

Ms. Ring did not give up on me, even though there were other appellate issues that I believe required a new trial, she abandoned them to pursue the “in court identification” claim to the United States Supreme Court (Case. No. 19-75). The refreshing or hopefulness came from Stanford Law School Supreme Court Litigation Clinic, Attorneys: Jeffrey L. Fisher, Brian H. Fletcher, and Pamela S. Karlan, also expressed their belief in my innocence and the flawed use of and resulting injuries I experienced from this practice. They joined Ms. Ring in my litigation.

Sadly, the U.S. Supreme Court refused to take my case. So, ultimately, I am now left to continue this battle pro-se. I desperately need a Post-Conviction attorney or a Federal Habeas Corpus attorney to help me.

I believe we can not allow injustices such as the injustice I have experienced to go unchecked. These Officials did not continue their investigation to find anybody meeting the description of the shooter, they simply stopped at me. And when the evidence proved me innocent they manipulated a conviction. The problem is that I am transparently innocent. I do believe that I am NOT the only one who has been accused, charged, and innocently convicted for a crime nor will I be the last. But, I am begging for your help! Please, I cannot do this alone.

I thank you for your time, patience, and compassion in your consideration of the subject matter of this correspondence. I look forward to hearing from you. Have a blessed and wonderful day.

~ James Garner

Write to me at:

James Joseph Garner
#159481 / 3B5232
Crowley County Correctional
6564 Hwy 96
Olney Springs, CO 81062-8700

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