First Hand Knowledge

Insufficient Evidence: (2 X 4) two by four and (Sweater Vest)

Once the reviewing court found the evidence legally insufficient the only just remedy available for that court is the direction of a judgment of acquittal.
[Denby v. State 654 s.w. 2nd 457, 467]
Because of finding that the “evidence” is insufficient to sustain the verdict of the jury and because [Burks v. United States 747 U.S.. 17-18 98 5.Ct 215. 2151 L.Ed 2dl;] we must not only reverse the conviction but must direct the trial court to enter a judgment of acquittal.
Upon being rolled over by the members of the medical examiners office (see supplemental notes) “blood could be observed around the victims nose and mouth area.”

The “Sweater vest” is classified (specimen 2267-031-T3). These results are submitted from the “Institute of Forensic Science at Dallas”, conducted by Kathrine Long (Page 27)

A presumptive test for blood was positive on item 31 “Sweater Vest” (this item was alleged as the suffocation tool). A comparison of my blood and the victims blood was conducted.

Results: (Page 28) Specimen 2267-031-T3) “Sweater Vest cutting” was “insufficient for comparison with known blood standards.

The victim wasn't suffocated with this piece of clothing as alleged. But the State (D.A.) introduced this into evidence, and presented it before the Jury as the “Murder Weapon”. After knowing that it wasn't the victims blood. The prosecution team misled the jury to believe that this was the victims blood intentionally.

The (2 X 4) two-by-four is classified as (2 X 4 piece of wood item 41)

This (2 X 4) was presented to the jury as the item which caused the blunt force injuries of the victim. My co-defendant also said that I beat the victim with this two-by-four.

Results: (Page 19)
No human hair or fiber evidence was discovered from item (41 two-by-four). Page 28. Blood was not detected on item (41 two-by-four). This board is clean!

Penal Code 2.01: Proof beyond a Reasonable Doubt

All persons are presumed innocent and no person may be convicted of an offense unless each element of the offence be proved beyond a reasonable doubt.

The due proves clause requires the government to prove beyond a reasonable doubt every element of the crime with which the defendant is charged. If the government fail to sustain its burden of proof on any element, the defendant must be acquitted.

In saying all this it cannot be established that the victim died as alleged. The evidence does not support my conviction

(The two-by-four and sweater vest) are the most significant elements, and they were failed elements that were not proven. By allowing these two items into evidence after acknowledging results from forensic science led to a fundamental miscarriage of justice and had a substantial and injurious effect and influence in determining the juries verdict.

First Hand Knowledge submitted by Derrick Johnson