justice4james.net/the-injustice/ PLEASE SHARE!!!! IN HIS OWN WORDS An injustice occurred in December 1994 in the District Court of Maryland located in Upper Marlboro, Maryland (Prince George’s County), which resulted in the wrongful conviction of an innocent man James H. Fowler III. After using deceitful and ineffective investigating tactics, leading detective Kevin McSwain prejudiced Mr. Fowler by falsifying police reports and using other various illegal investigative methods to spearhead the foundation of a case, which led to his arrest and wrongful conviction. The surviving victim in Fowler’s case, Tomar Locker, gave false testimony at his trial and then came back four years later and murdered the individual who was actually responsible for the crime which, Mr. Fowler wrongfully convicted of and for which he is currently serving two life sentences. We ask that you please pay close attention as we show and prove, through trial transcripts, police reports and medical records, that for the last 20 years Mr. Fowler has been sitting in prison beyond his will for a crime he did not commit nor have any involvement. On April 16, 1994, the day of the shooting, around 1:oopm, in Oxon Hill, Maryland, Tomar Locker was sitting in a parked car (front passenger seat) with his girlfriend, Keisha Cragg (driver), while Keith Smith was standing outside of the car talking to Tomar Locker through the passenger window. A gunman approached from the right rear of the car with a gun in both hands and opened fire, shooting Keisha Cragg and Tomar Locker. Keith Smith died at the scene, while Keisha Cragg was able to drive herself and Locker to Greater Southeast Community Hospital, which was 5 minutes away by car. Once at the hospital, Cragg and Locker were pulled out of the car by doctors and nurses and taken straight to the emergency room. There were no police officers present when the victims first arrived at the emergency room parking lot. The victims arrived at 1:05pm according to medical reports. The emergency room doctor, Doctor Chapman, stated in a 2001 interview that once he saw that Locker had gunshot wounds to the chest, he immediately started chest tube surgery. Dr. Chapman stated, “the surgery lasted between 30 to 45 minutes,” and that during this time, he would not allow anyone to speak with Locker. Also, at 1:15pm while Locker was receiving the chest tube procedure, he was also placed on Oxygen Therapy, because he had decreased lung sounds, his breath sounds diminished and he was wearing a non-re-breather mask “receiving 100% oxygen” Still, no police officers were present! At Mr. Fowler’s trial in 1994, Officer Kevin McSwain testified that he arrived at Greater Southeast Community Hospital at approximately 1:15pm, spotted the victim’s car, taped off the area and waited for another police officer to arrive before he went inside to locate the victim(s). Once inside the emergency room, Officer McSwain testified that it was total chaos, with blood, needles and tubes everywhere, and in the midst of all of the commotion, he was able to receive Mr. Fowler’s complete name and a full detailed description from Locker, stating “James Fowler, 23 years old, black male and he attended Oxon Hill High School.” *Shortly thereafter, Locker went into a coma. Tomar Locker testified at Mr. Fowler’s trial (volume III, page 84), that he could barely talk and he couldn’t give a physical description. Tomar Locker and Officer Mc Swain also testified under oath at Mr. Fowler’s co-defendant’s Arthone “Southeast” Williams, trial (which took place several months after Mr. Fowler’s trial). At that trail, Officer McSwain again testified that he received a detailed description from Locker about James Fowler, (Williams trial June 27, 1995; pages 25-29). He further testified that he obtained permission from a doctor to talk to Locker while they worked on him and at that time, Locker was coherent, a fact that contradicts Dr. J. Duncan Harveil, who testified at Mr. Fowler’s co-defendant’s trial (1995, page 4; 18-25): Q: And can you tell the jury who, if anyone you operated on around 1:15pm that day? A: A gentleman by the name Tomar Locker. (page9…line 23-25) Q: And what, if anything…what if any operation did you do concerning his upper area? A: He had an endotracheal tube “which means in” because he was dependent on a ventilator to breathe after an extended period of time, leaving the tube from the nose into the windpipe causing problems so we did a tracheotomy to move the tube out of his mouth down to his windpipe. (page 10…line 13-14) Q: Could he talk while it was in? A: No. **Also, Dr. Chapman (the head doctor who worked on Locker), gave a statement in a 2001 interview that he would not allow the police to interview the patient while, he was performing the chest tube procedure. Furthermore, Locker’s story was again inconsistent with Officer McSwain’s testimony: Q: When you got to the hospital (after the shooting), did you encounter a police officer? A: Yes. Q: And what did you tell him? A: I told him he shot me. And that was it. Q: Who did you tell him? A: I told him a guy named James Fowler and a guy by the name of Southeast. (June 25, 19996: ex-18) Later on, Mr. William’s defense counsel questioned Locker about what exactly he told Officer McSwain when he questioned him at the hospital: Q: Now, when you first were spoken to by the police at the hospital, you never said a single word about Southeast being the person who was the second gunman. Right? A: Didn’t I just testify that I said it was him and James Fowler when I first arrived at the hospital. Q: Well, the police officer will say that you never said it. My questions to you is- A; Well, the police officer must have misunderstood what I was saying. Q: Are you saying the police officer was wrong? A: Evidently he is. (June 25, 1995:ex-40) Q: He asked you who did it, right? A: That is right. And I told him who did it. I was sitting there bleeding, blood pouring out of me, nurses were helping me. What do you want to ask me a physical description of the person for? Q: You told him that the first individual was James Fowler, right? A: Yes. Q: You told him Mr. Fowler attended Oxon Hill High School? A: I didn’t tell him that day. Q: You didn’t tell him (sic) he attended Oxon Hill High School? A: I don’t recall telling him that. He asked me who it was and I told him who those people were. Q: Did you tell him Mr. Fowler’s approximate age? A: No. I didn’t recall that. No, I don’t think. He didn’t ask me that many questions. I wasn’t in that. I wasn’t in no shape, you know. Q: If you could just answer my questions. A: I was in no condition to answer no questions. Q: Did you tell him his age? A: Not that I recall, no. **Now we clearly see that Tomar Locker testified that he DID NOT give Officer McSwain a full, detailed description of Mr. Fowler. Also, Dr. J. Duncan Harveil testified that Locker could not talk because of endotracheal tubes, and Dr. Chapman stated that he would not allow the police to speak to the victim while he was having surgery. Therefore, the description written on the police report should never have been written by Officer McSwain claiming he received it from Locker in the emergency room right after the shooting. The only thing Locker claimed to have told the police was the name (James Fowler), which I will show and prove now, was also a lie. In 1994, weeks after Tomar Locker (the surviving victim in Mr. Fowler’s case) came out of the coma, the Lead Detective in Mr. Fowler’s case, Detective Robertson, went to go speak with him about the shooting. Locker cursed at the detective, telling him that it was James Fowler and Arthone “Southeast” Williams who shot him and killed his girlfriend. note: When Detective Robertson went to speak with Locker, James Fowler was already in custody and awaiting trial for this crime, because police Officer McSwain falsified his police report ” the day of the shooting” to obtain Mr. Fowler’s arrest. In 1998, four years after Mr. Fowler was convicted of this crime, Tomar Locker was arrested for shooting and killing Rueben “Ratman” Bell in broad daylight at the Washington Hospital Center in Washington, DC, while Mr. Bell was being treated for cancer (Bell was a suspect in the 1994 murder case that Mr. Fowler was convicted of, but Bell was never arrested). Upon hearing about Tomar Locker’s arrest in 1998, Detective Robertson (the Lead Detective in Mr. Fowler’s case in Maryland) went to the D.C. Homicide station to speak with Locker in regards to the 1994 case that Mr. Fowler was found guilty of. At Mr. Fowler’s 2001 Post Conviction Hearing (page 42), Detective Robertson testified about the 1998 interview that he did with Tomar Locker (questions by Mr. Fowler’s attorney) Q: Did you confront Mr. Locker about the fact that Mr. Fowler was, in fact convicted in this case? A: Yes. Q: What did you confront him with? A: Basically, I told him that Mr. Fowler was doing two life sentences and I wanted to make sure that we had done the correct thing. Tomar was very upset. As a matter of fact, Tomar blamed me for this. Q: And how did he blame you for that? A: Well, he blamed me for it, he said, you knew Rueben Bell was involved in the 1994 shooting and you didn’t do anything” (This is where I show you that both Tomar Locker and Officer McSwain lied when they said that Locker gave the police Mr. Fowler’s name at the hospital before going into a coma)… The 1998 police interview of Tomar Locker includes statements from Locker that his brother Danny Armstead, identified the shooters and told Locker who to identify to the police. Detective Robertson’s notes state: “Spoke with Sgt. Groom about Rueben Bell murder. Sgt, Groom advised that Tomar Locker has been arrested. Groom advised that Locker confessed and also stated that his brother, Danny, told him that Fowler and Bell killed his girlfriend (Keisha Cragg). His brother told him that Arthone Williams was not involved” **Being a Homicide Detective, Detective Robertson should have sensed something wasn’t right when he interviewed Locker in 1998 and Locker confessed that “his brother Danny persuaded him” that Mr. Fowler and Mr. Bell shot him in 1994. Detective Robertson should have reopened Mr. Fowler’s case for further investigation because Locker cursed out Detective Robertson in 1994, and told him that it was Mr. Fowler and Arthone Williams who shot him. Now in 1998, Locker is telling this same Detective Robertson that “his brother, Danny, told him” that it was Mr. Fowler and Mr. Bell, not Arthone Williams. This clearly shows that Locker didn’t see or know who shot him, because his brother told him. Locker testified at his own trail (February 10, 2000, page 42-43) that Rueben “Ratman” Bell committed the murders, I have no doubt about it (page 52) Bell did it. (page 59). Bell did all of the shooting, Bell was directly responsible for shooting him and killing two others (Keith Smith and Keisha Cragg), in the 1994 case that Mr. Fowler is serving time for now. We clearly see that Locker confessed that his brother, Danny Armstead, told him that Mr. Fowler and Mr. Bell killed his girlfriend. Now, what’s important for you to know is that Locker did NOT see or speak with his brother Danny until after Locker came out of the coma, weeks after being shot! (Pg-89-2/10/00, Locker trial) Locker testified that his brother, Danny Armstead kept coming to the hospital and sending his mother with names on how to testify. (Pg. 31, line 21; Locker trial). Locker testified that he didn’t know “if they” were actually involved or not. **Now you see that it was virtually impossible for Officer McSwain to have received Mr. Fowler’s name from Locker in the emergency room “the day of the shooting ” (as the police report falsely stated) because Locker did not have knowledge of Mr. Fowler’s name until he came out do the coma weeks later. NOTE: Before the shooting took place in 1994, neither Mr. Fowler nor Tomar Locker knew one another, nor had Mr. Fowler ever seen Tomar Locker; their first meeting was at Mr. Fowler’s December 1994 trial , when Locker took the stand and gave false testimony as to Mr. Fowler involvement in the shooting. **Now allow me to take you back to the police report written on James Fowler. The police report was dated 4/16/94 (the day of the shooting), signed by Officer McSwain at 1:15pm, which was the time that he wrote the following information: James Fowler’s a black male, age 23 years old (Mr. Fowler’s exact age) and what high school Mr. Fowler attend (Oxon Hill). Mr. Fowler graduated from high school in 1989 which was 5 years prior to the shooting, so why would someone mention the name of the high school that Mr. Fowler attended and remember, all of this information allegedly came from Tomar Locker, who did not know Mr. Fowler at all. If you take a close look at Office McSwain police report, it appears to be more like a description that a police officer would make on a person of interest, instead of a description from a person who hangs out in the streets. **Now you can see the Injustice done with throughout the entire police report and investigation. This police report was falsified by Officer McSwain and should have never been written because 1) Locker denied giving a description of Mr. Fowler at Mr. Fowler’s codefendant’s trial; 2) you have read both of the doctor’s interviews, and most importantly; 3) Tomar Locker, in a 1998 interview, stated that his brother Danny told him that it was Fowler and Bell. Through the “911 calls” printouts and at Mr. Fowler’s trial, it was made known that Danny Armstead was in the shower when the shooting took place, but came outside shortly after the shooting, with a gun in his hand but left the scene shortly after the police arrived. Danny went to the hospital after the shooting to locate his brother and that’s when he encountered Office McSwain. In the midst of locating and trying to see how his brother was doing, Danny and Office McSwain realized that Locker was in no shape to talk and thought that he had a possible triple homicide on his hands (Keith Smith died at the scene, Keisha Cragg died at the hospital) so Officer McSwain took it upon himself and rushed to use sloppy, deceitful investigative tactics by receiving Mr. Fowler name from Danny Armstead to obtain Mr. Fowler arrest. Officer McSwain also took it a step further to make his police report look more complete by adding the following information: 23 year old, black male and what high school Mr. Fowler attended. Mr. Fowler and Danny Armstead were familiar with one another and Danny knew Mr. Fowler by the name James of Glassmanor (the same area where the shooting took place). Law enforcement from that area were also very familiar with Mr. Fowler because of his previous run-ins with the police. Once Danny gave Officer McSwain the name, James, from Glassmanor, Officer McSwain automatically knew who Danny was talking about. The rest of the information, Mr. Fowler’s age, race and high school that Mr. Fowler attended was added because all of that information was already on file at the Oxon Hill Police Station, so it was nothing for Officer McSwain to get that information. **This falsified police report is what led to Mr. Fowler’s becoming a suspect in this case, and what led to Mr. Fowler’s arrest and conviction. since Locker said that he received the name James Fowler, from his brother, Danny (which had to be two weeks after the shooting) Locker was not the person who gave Officer McSwain the name the day of the shooting at the emergency room. Therefore, the day of the shooting at the hospital, Officer McSwain received Mr. Fowler’s name from another source (Danny) but falsified his whole police report to make it seem as if he received the information from Locker before he went into a coma. SHOW YOUR SUPPORT PETITION COMING SOON!!!
Posted on: Sat, 16 Aug 2014 22:28:17 +0000
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