Free Timothy
Greenlee An Innocent Inmate
AN APPEAL FOR HELP FROM AN INNOCENT MAN IN PRISON IN INDIANA
By Timothy Greenlee
I would like the public to know that I, Timothy Greenlee #865760, am an innocent man, wrongly convicted and banished to the hell of prison for the past 31 years to date. I fear that without public action this unfortunate situation will end in a tragedy for me of the first order.
Does the truth matter? Does innocence matter? Do you care about justice, qua justice? If by doing nothing lies prevail over the truth and evil defeats good. . .
would you do nothing?
If you were shown that an innocent person was suffering in prison for an “offense” that never occurred, and again this was shown to you beyond doubt. . .
would you do nothing?
If your answer is that you would surely do something to help if you could, then your way should be clear.
If you are a good person who cares about what’s right, then your help is desperately needed by an innocent person who has languished in prison for 31 years to date on the basis of false allegations — charges instituted to cover up evidence of renegade police misconduct. If you continue reading, this will be shown to you by clear and convincing proof.
* * *
“The oppressor does not render freedom willingly; freedom must be demanded by the oppressed in a nonviolent fashion to overcome injustice with justice” – MLK, Jr.
The following is the case as presented at my trial by The Supreme Court of Indiana. Below it are the actual reality-based facts which were distorted or suppressed by the prosecution, police and public defender.
The Supreme Court of Indiana.
September 18, 1995 filed
Cause No. 82S00-9408-CR-743
655NE2d488 1995 Ind LEXIS 132
Timothy Greenlee v. State of Indiana Appeal from The Vanderburgh Circuit Court. The Honorable Richard L. Young, Judge.
Cause No. 82C01-9309-CF-525
“The State must prove that appellant possessed an intent to kill when taking a “substantial step” toward the crime of murder.
”Greer v. State, 643NE2d324, 1994 Ind. LEXIS 167 (Ind. 1994).”
“Indiana Code 35-41-5-1. Attempt
- A person attempts to commit a crime when acting with the culpability required for commission of the crime, the person engages in conduct that constitutes a substantial step toward commission of the crime.”
* * *
(The following synopsis of the events in question was created by The Indiana Supreme Court for proposes of adjudicating my appeal.)
“After spending a few hours drinking beer with Kinsey Ledford and several other acquaintances outside his home in an Evansville neighborhood on August 20, 1993, Greenlee made some insulting comments about Ledford’s girlfriend. Eventually Greenlee’s ‘remarks prompted an altercation between the two men. Ledford struck Greenlee in the face. In response, Greenlee knocked Ledford down and began to smash his head against the concrete surface of the street. Next, he grabbed Ledford by the hair and knocked him head-first into a car across the street. As Ledford lay prone on the street, he removed a knife from his pocket. He “popped” open the blade and said, ‘I’ll kill you, I’ll cut a hole in you as big as Europe.’ (R. 220). One of the other people at the scene, Tom Jones, restrained Greenlee and took the knife from his hand. An ambulance eventually took Ledford to the hospital for treatment.” (From direct appeal.)
“Greenlee asserts the evidence used to support his conviction for attempted murder was insufficient. Generally, when addressing insufficiency of the evidence issues, this court will affirm the conviction if, considering only the probative evidence and reasonable inferences supporting the verdict, without weighing evidence or assessing the credibility of the witnesses, we conclude that reasonable triers of fact could find each element of the charged crime proven beyond a reasonable doubt Case v. State, (1984, Ind., 458 NE2d225.)
“Using this analysis, it is apparent from the testimony from eyewitness Jones that a jury could reasonably find that Greenlee’s actions constituted an attempt to murder Ledford.” (The forgoing is a direct quote from my direct appeal, Id. at 655 NE2d 491).
* * *
To be clear for the reader, the above quotes are from the direct appeal from the Indiana Supreme Court after trial. Below are the true facts of the case, supported by evidence and citations/references, and contradict the state’s allegations proving my innocence.
At my trial The State’s case was made and rests upon the testimony of a single witness, one Thomas Jones (“Jones”). At my trial, after the State rested its case, I moved the trial court for judgment on the evidence in my favor. The State responded thereto as follows:
“You’re Honor, as a substantial step we have Tom Jones testifying he drew a deadly weapon, the knife, pulled it back and started to bring it forward and stopped at that point. During that time he was yelling at the unconscious victim, ‘I’ll kill you, I’ll cut you,’ and the intent to murder at that point is there. . .” (R.287). (To reiterate the forgoing quote is from my trial held on 12-1-1993)
This quote is listed here to illustrate what the state used as evidence against me for “attempted murder”: the words of Tom Jones and nothing more. His testimony to the effect that he heard me say,
“I’ll kill you. . .” was what they needed to satisfy the essential element of “specific intent to kill,” and his testimony to the effect that I pulled a knife was what they used to satisfy the essential element of “Substantial step towards commission of the crime.” There was never any evidence to indicate much less to suggest that an attempted murder occurred.
The police report completed on-scene by officer Tony Mayhew was suppressed by the state for the reason that Jones did not mention any threat or knife to Officer Mayhew. This on-scene police report has boxes on it to be checked by the police officer if a threat was made or if a weapon was involved, indeed, there are three boxes for knives alone. No boxes are checked. As the reader will see below, the police officer wrote a one-page summary of the incident as reported by Jones, and there is no mention of a threat or knife. And again, this official police report, the only one ever made, was never seen by my defense counsel, or by the jury. it was suppressed by the state.
Attempted murder
***
A shocking number of documents and information were suppressed by The State at my trial for attempted murder in violation of the trial court’s discovery order that are exculpatory and material to my innocence, which is the whole point of my effort to make this known to you and others like you and the public at large. For, upon reflection, these documents and the information they carry undermine reasonable confidence in the outcome of my trial, rendering it unreliable. The most egregious of these suppressions are now set forth below:
- The on-scene police report
In violation of the trial court’s discovery order, The State did not disclose the official 8/20/93 Police on-scene incident report completed by police officer Tony Mayhew, who testified at trial against me. This report shows how, after lying to the police upon their arrival claiming the alleged victim (“Ledford”) had been beaten by an unknown assailant, who, he said, had jumped in his car and taken off, then, recanting this lie and telling officers what he claimed was “the truth” (R.276-280), Jones never told the police on-scene that I made any threat to cut or kill Ledford or that a knife was involved. As you will see below, the hand-written narrative in this suppressed report, based entirely on information gathered from Jones, does not mention a verbal threat nor a knife being involved, let alone, Jones’ “disarming” me of a knife as he claimed some three weeks later for the first time, when he was being investigated for breaking Ledford’s nose himself. Jones was the only incriminating witness against me for attempted murder (R.287).
My appointed defense counsel falsely told the jury that no police report had been made in this case (R.362-363) (Cf. R.388-389). As you will now see which is the basis for reaching out to the public, a three page police report was made and is presented below.
As shown above, at the scene of the incidents on 8/20/93, Jones never told the police that I threatened to kill Ledford or pulled a knife on him—two elements for which I was later put on trial. Jones initially lied to the police twice by commission and once by omission (he did not inform them that he had assaulted Ledford and later convinced Ledford to sucker punch me), and then he told them what he claimed was “the truth.” As a result, no one was arrested at the scene, although the police insisted that Ledford go to the emergency room to be checked out due to his intoxication. The next day, the same police officer—Tony Mayhew—pulled me over and arrested me for “drunk driving” (I bLew a .11 on the breathalyzer test, 1/100th above the “legal limit”). He and his partner Beat me up in the street, He and his partner Beat me up in the street, hauled me downtown to jail and handcuffed me to a steel cage in a stairway and beat me unconscious again (I was never “booked” for it.) and left me hanging there unconscious. A sheriffs deputy (Michael Austin) found me there and called an ambulance to take me to the hospital. I came to handcuffed to a gurney with the two dirty cops (Mayhew and Martin) alone there in the room with me, and the beating resumed. Among other things, Masyhew struck me in the face with his fist and they smothered me unconscious with a sheet pulled tightly around my face. (I was then eventually transported to the Vanderburgh County Jail and put in the “drunk tank” where I was left for five days. . .
I was eventually interviewed by Detective Guy Minnis of the Evansville Police Department, at the sheriff’s request. After I described the events on record, Minnis asked me to make the complaint informal, claiming he knew the officers and would address the issue with them to ensure it never happened again. I refused and insisted on a formal complaint. Minnis became visibly angry and stated, “You may end up a sorry son-of-a-bitch!” Later that day, he interviewed Ledford about the 8/20/93 incidents, who told him Jones had broken his nose. Minnis then interviewed Jones, who, for the first time on 9/9/93—three weeks after the events—lied again and accused me of threatening Ledford and pulling a knife on him. This is illustrated by a recently obtained FOIA supplemental police report, which changed the entire incident from what happened into something that never occurred, namely, an “attempted murder.” This supplemental report is now presented for the public to see below.
- Although Jones lied to the police on-scene telling Officer Tony Mayhew that an unknown assailant beat Ledford up and then jumped in a car and drove off, he had to recant this lie to Officer Mayhew: Jones told police that I also witnessed the unknown assailant beat up Ledford and take off, which was not true. I told the police that I did not know what Jones was talking about; I did not see any such thing. In other words, I refused to lie to the police for Jones. Confronted with this fact, Jones admitted it had been a lie, then told Officer Mayhew what he said was, “the truth” (Yet, still, never mentioning a threat made by me which is reflected in Mayhew’s police report, which neither the defense counsel nor the jury ever saw at trial since the state suppressed it.).
At trial defense counsel told the jury that Jones failed to recant his lies to on-scene police. Rather, defense counsel told the jury that Jones only recanted his unknown-assailant story three weeks later when he was being questioned by Detective Guy Minnis (R.258-259; 389-390; 391-392) (R. 385-386). Of course, this was a misstatement of facts by defense counsel, proving that my defense counsel did not understand the few basic facts about the case.
Defense counsel further told the jury that they should consider this fact — that Jones never recanted his lies to on-scene police when reaching their verdict.
Additionally, my appointed defense counsel failed to correct the testimony of state’s witness Bill Moore who told the jury that he gave a knife to police “a week to ten days” after the incident.
Defense counsel repeated this falsehood to the jury as a fact that they “should consider” in reaching a verdict (R. 362-363). It had been 21 days, demonstrating, again, defense counsel’s failure to know, much less present to the jury the few basic facts.
- Police officer Tony Mayhew, whose on-scene police report was suppressed by the state, was suspended from duty without pay after an internal investigation by the police department determined in a substantially related case that he charged me with that he had used excessive force against me and had falsified departmental records to cover it up. The personnel report issued by the Chief of Police is set forth below for you to see:
The state suppressed these records while none-the-less calling Officer Mayhew to testify at trial. My appointed defense counsel failed entirely to cross-examine Officer Mayhew when given the opportunity, stating, “No questions” (R. 186).
The state failed to elicit from officer Mayhew that he spoke to me twice at the scene on 8/20/93, first when Jones told him that I witnessed an unknown assailant attack Ledford, which I denied (R. 303-304); and second, after Officer Mayhew confronted Jones with my denial and Jones admitted he lied (because I would not lie to them) (R. 276-280).
- At trial Ledford testified that, without provocation, Jones struck him and broke his nose, that he told Jones immediately thereafter that Jones broke his nose, and that Jones told him later how badly his nose bled after Jones broke it (R. 73-74; 106). Ledford testified that I never hit him (R. 75-76). Kim Moore then testified that Jones admitted to her that he broke Ledford’s nose (R. 119-120).
In his deposition 12 days before trial Jones testified he struck Ledford in the nose (R. 44).
However, at trial Jones denied he hit Ledford in the nose and/or that he made Ledford’s nose bleed (R. 247-248). My defense counsel failed to impeach Jones’ trial testimony with his deposition admitting he struck Ledford in the nose, and failed to mention this fact to the jury in closing arguments. Jones was the sole incriminating witness against me for attempted murder (R. 287).
- As mentioned above, Kim Moore (“Moore”) testified for the prosecution as follows:
“Q: Referring you to august 20 of this year, were you home?
A:Yes. . .
Q: What did you do after Tom Jones knocked in the early morning hours?
A: I opened the door and he was standing there and had blood on him . . . and he described injuries to me that Kenny had, and told me supposedly how he got them. He told me that he, himself, hit him in the nose and probably broke his nose himself. . . (R. 118-120). . .
Q: Did he have any blood on him, Tim Greenlee?
. . . A: He may have had a couple drops on his pant leg, you know, a little bit but he wasn’t as bloody as Tommy Jones was, I put it that way because I would have noticed.
Q: Are you aware of the penalties for perjury?
A: Yes, I sure am, but I can’t be accountable for something I don’t remember and I’m not going to lie just to send him to prison, I won’t do that. . . (R. 120-126). . .
NOTHING FURTHER.
BY THE COURT: Cross-exam?
MR VOWELS: No.” (R. 127-128).
6. The state knowingly used and perpetuated the false testimony of Jones. The state argued to the jury the following,
“(Defense counsel) told you three times that Tom Jones testified that he hit Kenny Ledford in the nose and that’s wrong. Tom Jones said he hit him in the mouth. Maybe Mr. Vowels can’t recall that but that was his testimony, hit him in the mouth, not the nose (R. 389).”
“When Kenny Ledford hit Tom Jones he saw how he reacted, Tom Jones hit him back in the mouth, not the nose (R. 391).”
The state knew without question that this information was false (R. 389).
To make matters much worse the state was at that moment suppressing a radiology report from 8/20/93 showing Ledford had a fractured nose, no intracranial abnormalities, a normal cervical spine, and no skull fracture.
This prosecution- suppressed report is provided below.
My defense counsel failed to challenge the use of known false testimony, and failed to point out to the jury that Ledford testified he never hit Jones (R. 104-107) and that I never hit Ledford (R. 75-76), after the state made the false claims bolstering/corroborating Jones’ false testimony.
And finally here, the state outright lied on its own to the jury when stating the following,
“Where do you think the blood comes from on Tom Jones, not because he hit him but because he helped him (R. 396-397)?”
Defense counsel failed to challenge this statement to the jury by reminding them Ledford testified that Jones told him that his nose was bleeding after Jones hit his nose R. 73-74; 106).
- Defense counsel failed to contact or interview a material witness in this case named “Mike” to testify (R. 72). Mike would have testified that Ledford’s nose was bleeding when he got into his car, at least two hours before the altercation between Ledford and me, immediately after Jones struck Ledford in the nose. Defense counsel made the following remarks to the jury during closing arguments, viz.
“. . . we talked about Tom Jones hits him in the face and then gets in a car with a guy named ‘Mike,’ by the way, where is Mike in this case, Mike doesn’t show up anywhere here and Mike could be somewhat helpful to us (R. 369).”
- Defense counsel failed to subpoena Ledford’s medical records for trial in order to contradict, and impeach, the known false testimony of Jones and the false assertions made by the state to the jury during closing arguments about Ledford’s injuries. He did not even agree to subpoena the medical records until after Jones had testified, Jones being the state’s final witness (R. 251).
While withholding these and other records from the defense in violation of the trial court’s discovery order, the state made the following claims to the jury during closing arguments, viz.,
“You can determine in your deliberations of the beating, the fact that this victim cannot recall most of what happened after the fight began because this defendant beat him to unconsciousness (R. 396).”
“Where are the hospital records? Mr. Vowels could have subpoenaed the hospital records himself (R. 398).”
One of the medical records the state was withholding at that moment was a radiology report which states Ledford had sustained no head injury, viz., “no intracranial abnormalities.” Another such report, withheld from the defense reveals Ledford’s blood alcohol content level was .293 mg. Dl. Then the state told the jury the following,
“And you think that part of the reason why he can’t remember anything else is because of what the defendant did to him and if you believe that then he is guilty as charged (R. 399).”
These suppressed medical records became material to my innocence when the state argued that Ledford couldn’t remember due to head injuries I allegedly inflicted and which, they said, made me guilty as charged, rather than giving the jury the documents/facts proving Ledford had no head injuries but rather had drunk himself to oblivion and nearly to death, as to why he couldn’t remember.
- My defense counsel never interviewed me, never questioned me about what happened, not once. I was charged with attempted murder on September 22, 1993. My trial began on November 29, 1993. My defense counsel failed to marshal the facts and as a result I was railroaded.
Defense counsel told the jury that I had to prove that I was innocent (R. 365A), and that I was a “two-time loser who lied to the police (R. 379; 380).”
My defense counsel then, inexplicably then stated the following to the jury during closing arguments, viz.
“What is his motivation to lie to you? Well, he’s on trial, clearly on trial for a CLASS a Felony, the second highest level of felony in the state. So, clearly, you know, he has to cover his backside, he must tell you something here, he’s got to explain something, explain it away somehow so clearly you can decide that. He’s on the line here. (R. 365A).”
I use the word inexplicable because the trial court gave the following instructions to the jury,
“. . . the Defendant is not required to present any evidence to prove his innocence or to prove or explain anything. . .”
- Defense counsel Dennis A. Vowels had a conflict of interest in this case in which he misrepresented involvement with an affidavit filed with the Supreme Court of Indiana. Vowels was appointed as my trial defense counsel by Judge Richard L. Young. He then appointed Vowels as counsel for the appeal. After filing the appellate brief, Vowels sent me a copy of the record wherein I discovered Vowels had been the deputy prosecutor against me in a previous case which was being used itself to increase my sentence by 30 years. I notified the Indiana Supreme Court and Vowels responded by affidavit in which he denied he had plea-bargain authority in that previous case against me based thereon. The Indiana Supreme Court denied the appeal.
In 2016, while in the super-max unit, I finally obtained a copy of the plea bargain in that previous case, cause no. 86CR391. Thus Vowels was the deputy prosecutor who wrote and then signed that plea bargain. Thus, he lied in a sworn affidavit in an ongoing, official proceeding before the Indiana Supreme Court. Based upon misrepresentation regarding his involvement against me as a prosecutor in 86CR391, my defense counsel at trial and on appeal resulted in my receiving an additional 30 years in prison.
________________________________________________
If God exists and gave me this life, as many people would say He has, why is He allowing it to be taken away from me with such gross injustice — for an offense I did not commit? And why, arguendo, when this led to my finding the most wonderful friend, partner and forever-love I could ever have found — is He allowing such a special person to be tortured alongside me? He is living alone in San Francisco and I am living alone in an Indiana prison cell.
***
HOW YOU CAN HELP
By Sheldon A. Stone
We profoundly thank you if you want to donate money to assist in Timothy’s release from prison; it can easily be done through GOFUNDME
Please write to or phone one or more of the below listed contacts (people or entities — the more contacted, the better) — or anyone you know or know of —asking for help in releasing Timothy Greenlee #865760 from prison; please ask your friends to do the same. The names and entities with asterisks are most important, but please don’t neglect the others. The more letters and phone calls they receive, the better chance Timothy has of being heard.
We have paid many thousands of dollars to lawyers who did nothing for Tim. If you know of an honest lawyer who would work diligently, who believes in justice and truth, please ask her/him to contact me at this web site or at kokhav2@gmail.com or contact Tim directly: Only a lawyer can contact Tim by phone at the prison, usually by appointment made with the prison.
Timothy Greenlee #865760 0-02-201
New Castle Correctional Facility,
1000 Van Nuys Road,
New Castle, Indiana, 47362-9060
(765)-593-0111 (This is the prison’s phone number, not a line to Tim.)
Contacts to write to or phone
**The Honorable Judge David D. Kiely**
Vanderburgh Circuit Court
210 Circuit Court Building
Civic Center Complex
825 Sycamore St.
Evansville, IN 47708
**Indiana Parole Board**
https://www.in.gov/idoc/parole/parole-board/
**Christina Reagle Commissioner**
Department of Corrections
402 W. Washington St.
Indianapolis, Indiana 46204
Call: 1-800-457-8283
Text: 1-888-311-1846
https://www.in.gov › idoc
Faculty at Robert H. McKinney School of Law:
Indiana University Indianapolis
530 W. New York Street Indianapolis, IN 46202-3225
**James Acklin**
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street
Indianapolis, IN 46202-3225
E-Mail: jtacklin@iu.edu
Course:**Wrongful Conviction Clinic**
********************************
Courtney Benson-Kooy
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street
Indianapolis, IN 46202-3225
E-Mail: cobenson@iu.edu
Course: Criminal Defense Clinic
**************************
Tyler Burgauer
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street
Indianapolis, IN 46202-3225
E-Mail: tburgaue@iu.edu
Courses: Criminal Procedure: Investigation
*****************************
**Jonathan Chenoweth**
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street
Indianapolis, IN 46202-3225
E-Mail: joncheno@iu.edu
Courses: Wrongful Conviction Clinic
***********************
**Ranissa E. Dycus**
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street
Indianapolis, IN 46202-3225
E-Mail: redycus@iu.edu
Courses: Criminal Procedure Advocacy Skills
*****************************************
**Donna R. Eide**
Attorney at Law, US Attorneys Office
Adjunct Professor, IU Robert H. McKinney School of Law
Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 227P
530 W. New York Street Indianapolis, IN 46202-3225
Phone: (317) 923-8546
E-Mail: dreide@earthlink.net
Courses:Criminal Procedure: Adjudication, Criminal Procedure Investigation
Faculty at Indiana University Bloomington,
Maurer School of Law
Valena Beety
Robert H. McKinney Professor of Law
Email: vebeety@iu.edu
Phone: (812) 855-3844
Location: Baier Hall 314
******************************
Joseph Hoffmann
Harry Pratter Professor of Law Emeritus
Email: hoffma@iu.edu
Phone: (812) 855-6150
Location: Henderson House
*************************
Ryan W. Scott
Professor of Law, and Louis F. Niezer Faculty Fellow
Email: ryanscot@iu.edu
Phone: (812) 856-5941
Location: Baier Hall 328
**************************
J. Alexander Tanford
Professor Emeritus of Law
Curriculum vitae
Email: tanford@iu.edu
Phone: (812) 855-4846
Location: Baier Hall 318
***************************
**Congressman Larry Bucshon, M.D.**
20 NW Third Street Suite 1230 Evansville, IN 47708
Phone: (812) 465-6484, (No e-mail found)
**Mr. Tim Evans**
Investigations Editor
Indy Star
130 S Meridian St,
Indianapolis, IN 46225
tim.evans@indystar.com
Mark Wilson
Investigative Reporter
Courier Press
mark.wilson@courierpress.com
Tom Langhorne
Investigative Reporter
Courier Press
tom.langhorne@courierpress.com
Steve Reilly
Investigative reporter
USA Today
sreilly@usatoday.com
Nick Penzenstadler
Investigative reporter
USA Today
npenz@usatoday.com
Brian M. Rosenthal
Investigative reporter
The New York Times
https://www.nytimes.com › brian-m-rosenthal
Mike McIntire
The New York Times
Investigative reporter
https://www.nytimes.com › mike-mcintire
Susanne Craig
The New York Times
Investigative reporter
https://www.nytimes.com › susanne-craig
ANY HELP YOU CAN CONTRIBUTE OR ASSEMBLE OR
MONEY YOU CAN DONATE THROUGH GOFUNDME
WILL BE VERY MUCH APPRECIATED
THANK YOU!
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