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Mitchell H. James, Jr. # 090393 Sumter Correctional Institution 9544 CR 476B Bushnell, FL 33513 USA |
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Location of the Accident: Bruce B. Downs Blvd/ Fletcher Ave., in Tampa, Florida On November 29, 1999, I was on my cell phone talking to my fiancee driving west bound on Fletcher Avenue. I drove around an ambulance that turned right in front of me coming from the hospital parking lot. My light turned green. I hung up my cell phone, looked at the time on my phone and put it down. It was precisely 1:15 A.M. I looked to my right as I approached the dark intersection. I noticed a single signal flying toward me and slamed on my brakes. The next thing I knew after that is, I had gotten into an accident and was in a lot of pain. Four college students, high and under the influence of narcotics, drove without head lights. The driver, Leanna D. (19), of the car had only been licensed for two months and was speeding without her prescribed lenses, when she ran the red light on Bruce B. Downs Boulevard. I collided with her. Her and Majid T. died instantly. Jaclyn A. (18) died in the hospital. David S. (20) was injured but survived. According to the Tampa Tribune article "Traffic accident kills 3 students, stunning USF" by Sean Lengell of November 30, 1999, David had told his mother, he was the only one wearing a seat belt. A sheriff's report, however, states all four students were wearing seat belts. The same article states, "Friends said they were surprised that [Majid (his aunt, Tami Sbar, was a Florida State Assistant Attorney)], who is from Morocco, left his room at Fontana Hall early Monday because he had the flu", and that "[Jaclyn], a freshman from Shrub Oak, N.Y., was recuperating Sunday at her dorm, Gamma Hall, after minor injuries in a car crash last week, friends said." At the scene, I was questioned and it was evident that I was sober, communicating and responding to all questions while suffering from a crushed pelvis and being video taped the entire time. I had a 12 pack of unopened beer bottles in my car. My friend had left his empty beer bottle on the floorboard of my Cadillac before. This, along with my numerous misdemeanors, led to a biased investigation. The alleged victims had a gram of marijuana, .8 grams of hashish in the driver's purse, and nine Xanaxs were found in their possession. My blood evidence was tampered with, and both vehicles were destroyed on January 26, 2000, long before my trial. Deputy Candace Fishel was the lead investigator who did the accident reconstruction. She holds no degree in physics, and is not an expert in the field of accident reconstruction. She erroneously miscalculated the direction of both vehicles, then allowed them to be crushed. She improperly stored my legal blood, which led to contamination. DNA would have proven that it was not my blood at 0.234 and 0.237. This evidence was used against me for the prosecution, but could not be used in my defense, because it was contaminated. The medical blood is distinct from the legal blood, which was destroyed as well, only five days after the accident. All of this is a violation of F.S.918.13. It states that any person knowing that a criminal trial is on the way and alter, tamper with, or destroy evidence is guilty of a third degree felony punishable by five years in prison. I am not guilty of DUI manslaughter, because I was not drunk or impaired at the time of the accident, nor was I at fault. People who murder and rape do not get life sentences all the time. If everybody who gets into an accident - whether innocent or guilty - committed a crime, what kind of world is this? |
Größere Kartenansicht DocumentsDefendant's Diagram & State's Diagram (pdf, 2 pages)Two different theories Interview with Eye-Witness Beverly Roderick (pdf, 4 pages) December 9, 1999 (yet to come) Beverly Roderick's Testimony (pdf,? pages) Date Interview with Jennie Gomes (pdf, 5 pages) December 9, 1999 (yet to come) Jennie Gomes' Testimony (pdf,? pages) Date Interview with Thomas Krepsky (pdf, 5 pages) December 9, 1999 (yet to come) Thomas Krepsky's Testimony (pdf,? pages) Date (yet to come) Direct Appeal (pdf,? pages) Date Deposition of Marc Purvis (pdf, 21 pages) November 9, 2000 Index To Record On Appeal (pdf, 6 pages) December 2, 1999 - February 1, 2001 Court Order (pdf,1 page) "Petitioner's petition alleging ineffective assistance of appellate counsel is denied. Petitioner's motion to leave to amend and/ or supplement timely file petition is denied." August 2, 2004 Motion For Leave To Amend Motion For Post-Conviction Relief Filed Pursuant To Rule 3.850 (pdf, 2 pages) January 20, 2005 Evidentiary Hearing (pdf, 83 pages) January 20, 2005 |
