SPELL & SPELL Attorneys & Counselors at Law 1225 North Columbia Street Covington, Louisiana 70433 (985) 795-9500 DOYLE SPELL. JR, ANNE SPELL TARA FARRIS ZELLER, September 10, 2016 Louisiana Parole Board Louisiana Department of Public Safety and Corrections 504 Mayflower Street Baton Rouge, Louisiana 70802 RE: State of Louisiana vs. No. 316809 McKinley Joseph Phipps 22NP JDC, St. Tammany Parish DOC NO. 445656 (ELAYN HUNT) DOB: 07/30/1977 Sentenced: 12/21/2001 Ladies and Gentlemen: It is with no small measure of gratitude that we hereby avail ourselves of the opportunity to make Application for Clemency on behalf of our client, McKinley Joseph Phipps (hereinafter sometimes referred to as “Mac Phipps” or simply “Mac”). We respectfully request, following procedural review and the issuance of applicable notice, a full hearing before this Honorable Board for the determination of the appropriateness of clemency in this matter. We attach hereto bound manuscripts containing the facts and circumstances which support Mac’s Application for Clemency. While we apologize in advance for the inordinately extensive number of arguments presented therein, we would respectfully suggest that each argument is necessary and suitable for consideration by this Honorable Board under the circumstances which underlie Mac’s conviction. We would respectfully submit that each day that Mac Phipps languishes in a Louisiana prison cell is but another day in which justice would appear to go undone; another day in which the perceived integrity of our criminal justicesystem becomes ever more eroded, With each passing day that Mac is denied his freedom, the number of eyes looking upon this flawed conviction increases and, as is suggested in our attached Application for Clemency, not without good reason. Mac has become a legitimate symbol of what might be viewed as systemic defects with social and political implications looming well above Mac’s conviction in and of itself. Mac will remain a symbol, without doubt, but what he will come to symbolize in the days, weeks, and months ahead is well within the control of this Board and our new governor. Our criminal justice system is an imperfect machine and to expect anything otherwise would be impractical. Its designers were and are in tune with the inherent weaknesses necessarily present in a system managed by human beings with all of our flaws and, accordingly, they have built in safeguards so that we, as a community, might be protected from ourselves. This Honorable Board is the final failsafe in the system where wrongs might be righted and where justice might be revived. It is often said that “justice delayed is justice denied” and that is a meritorious argument. But, we would respectfully submit it is never too late to do the right thing and that we are in no manner adverse to “justice” of any stripe at this juncture. We appreciate your time, attention, open mindedness, and fair consideration as we look forward to presenting Mac's case before you at a hearing on the merits of our position in the near future. We look forward to providing this Honorable Board with live testimony and documents which support this Application for Clemency. We shall endeavor to satisfy any and all questions you may have to assist you in your deliberations so that you might have full confidence in your decision to recommend clemency in this matter. On behalf of McKinley Joseph Phipps, his young son, his parents, his friends, his legal team, and his thousands of supporters across the nation, I remain Very truly yours,SPELL & SPELL Attorneys & Counselors at Law 1225 North Columbia Street Covington, Louisiana 70433 (985) 795-9500 September 10, 2016 TO: Members of Louisiana Board of Pardons and Parole MEMORANDUM IN SUPPORT OF Clemency Application for McKinley Joseph Phipps, Jr. Introduction This memorandum accompanies and supplements McKinley Joseph Phipps, Jr.’s Application for Executive Clemency pursuant to LSA- RSS. 15:572 (2015). McKinley Phipps (sometimes referred to herein as “Mac Phipps” or simply “Mac”) seeks a commutation of sentence in connection with his conviction of manslaughter, respectfully suggesting to this honorable Board that he has served the minimum ten (10) year period, that he has been free of any disciplinary reports for a period of 24 months prior to date of application, and that he is not assigned to a maximum custody status at this time, Mac Phipps’ previous employment history, that of a rising performance artist, evidences that he is in possession of a marketable job skill. It is respectfully suggested that the penalty Mac Phipps now serves is excessive. He has already served sixteen years, six months and twenty- one days of a thirty year sentence. Further, he has developed sufficient evidence which would have caused him to be found not guilty at trial. Page | of 1]Below, Mac Phipps presents the reasons justifying a recommendation of commutation of sentence to time served based upon facts directly related to the case and in existence, but not available to the court or jury at time of trial. Some of these facts would appear to constitute an intentional deprivation of Mac Phipps’ constitutional rights by agents of the State of Louisiana. Mac Phipps does not seek, at this time, legal redemption or the opportunity to relitigate his case. He comes before this Honorable Board seeking a commutation of sentence to time served, now well over sixteen years, and the freedom to return home to his young son who has never known his father outside of prison walls. Below, counsel for Mac Phipps will set out a tale of perjury, an appearance of prosecutorial misconduct, witness recantation, and wrongful conviction which will conclusively undermine the credibility of the court proceedings which resulted in Mac Phipps’ current incarceration. The apparent and disturbing flaws which so noticeably underly Mac’s wrongful conviction have understandably generated national media attention and a not insignificant level of outrage and distress. At the hearing on this application, undersigned counsel will present to the Board an accounting of thousands of signatories from across America who are petitioning this Honorable Board in support of Mac Phipps along with a sampling of news coverage of this case published by just one national media outlet. Undersigned counsel will also present victim impact, specifically the Affidavit and live testimony of the decedent’s fiancé who also seeks relief for Mac Phipps as she has become convinced that Mac was wrongfully convicted as a direct result of an unfair trial that deprived him of his constitutional rights. We will not, however, be in a position to provide prosecutorial input in support of relief which should come as no surprise as it is apparent that state actors do not wish to admit to what to many appears to be intentional complicity in the denial of a fair trial and the unlawful violation of Mac Phipps’ most basic rights as a citizen of the United States. Page 2 of 11Factual Background Applicant McKinley Phipps, Jr. was arrested at his home on February 21, 2000 and charged with the Second Degree murder of Baron Victor, Jr, at Club Mercedes in Slidell, Louisiana. He has been incarcerated ever since that date, On March 21, 2000 Mac was charged through Bill of Indictment with Second Degree Murder in violation of LSA-R.S. 14:30.1. Following a trial by a 12-person jury working in the shadow of the September 11 attack on New York and Washington, D.C. Mac was found guilty of Manslaughter in violation of LSA-R.S. 14:31, on September 21, 2001. Because Mac Phipps did not know the shooting victim, it would not be so strong an assumption to suggest that the jury arrived at a compromise verdict in this case. The elements of the offense of manslaughter, as set out by statute, do not support the verdict factually. On December 12, 2001, Mac Phipps, who was convicted on “eyewitness testimony” alone, was sentenced to thirty years with the Department of Corrections at hard labor. Since that time, Mac has exhausted all of his appellate rights and has unsuccessfully asserted claims for post-conviction relief on two occasions. However, investigation continues unabated and provides additional questions and irregularities relative to the reliability of the jury verdict. Relief Requested Mac has served over sixteen years of a thirty year sentence and seeks herein a commutation of sentence to time served, which would allow for his immediate release from incarceration. The sentence was imposed by the 22nd Judicial District Court on December 21, 2001 and a certified copy of the sentencing minutes have been provided to this Honorable Board as procedurally mandated. The grounds of Mac Phipps’ application are further detailed herein, and include the fact that the prosecution secured its conviction through tainted evidence advanced by law enforcement officials through the willful and knowing violations of Wearry v. Burl Cain, Warden, 577 U.S. __(03/07/2016); Giglio v. United Page 3 of 11States, 405 U.8.150 (1972); see also Brady x. Maryland, 373 U.S.83 (1963); Kyles v. Whitley, 514 U.S. 419, 437 (1995). Evidence developed over the last two years strongly suggests that the State of Louisiana’s prosecution of Mac Phipps was, at best, lacking credibility and, at worst, constitutes the appearance of prosecutorial subordination of testimonial perjury and the wrongful failure to disclose relevant and material impeachment evidence. A hearing is requested so that we might present Mac’s position in detail. Sixteen Years After the Conviction of Mac Phipps, No Credible Evidence Upon Which to Base his Conviction Exists At trial, the State of Louisiana presented no physical evidence whatsoever which would support Mac’s conviction. The State failed to produce the weapon which was used to kill Baron Victor, Jr. and there was no “science” presented to the jury connecting Mac Phipps forensically in any way to the killing. The whole thrust of the State’s case against Mac Phipps rested upon the testimony of two Sheriff's office detectives who have since been removed from the Sheriff’s office and two alleged “eye witnesses”, Nathanial Tillison and Yulon James. It is respectfully submitted that the State violated its prosecutorial duty when it failed to disclose material exculpatory evidence which would have thoroughly impeached the testimony of the State’s only complete “eyewitnesses” to the shooting of Baron Victor, Jr. Wearry v. Cain, Supra, Gigilio v. United States, supra., Brady ». Maryland, supra, Kyles v. Whitley, supra. The Perjured Testimony of Nathanial Tillison Victor’s cousin, Nathanial Tillison, identified Mac Phipps as the shooter at the trial of the matter. Tillison stated that the applicant’s gun was merely “a couple of inches” away from the victim when the shots were fired. (State record, Vol. 3 of 6, p. 630, lines 25-30.) Tillison, in dramatic fashion, further stated that he had no doubt that Phipps was the Page 4 of 11shooter explaining that he “looked dead in [applicant’s] eyes” when Mac Phipps allegedly shot the victim. (State rec., Vol. 3 of 6, p.630, lines 22-24 and lines 31-32.) The State failed to explain why, in the crowded venue of Club Mercedes, Tillison was the only witness they could produce who saw what Tillison claimed to have seen. It is respectfully suggested that the State was unable to locate another individual prepared to support Tillison’s false testimony by parroting his lies to the jury. It is further suggested that supporting testimony was lacking because Tillison’s version of events never occurred in reality. According to an actual and credible eyewitness whose identity was never disclosed to defense at trial or subsequent thereto by the state, Nathanial Tillison was not present inside of Club Mercedes in order to make such dramatic observations. Jerry Wayne Price has executed an affidavit placing Nathanial Tillison, his cousin, in the parking lot outside of the club at the time of the shooting. Before discussing the content and reliability of the statement of Jerry Wayne Price, a witness whose existence was never disclosed by the State, it is important to note that even if Price’s entire affidavit is fiction and fantasy, which is denied, the State violated its duty to disclose Price’s testimony to the defense. Price’s testimony would have called the entire testimony of the State’s star witness, the thoroughly dishonest voice in the wilderness without which there would have been no conviction, into question and may well have changed the outcome of the jury trial. The Affidavit of the Undisclosed Witness, Jerry Price Price, who was present in the club when the shooting occurred, has maintained since he was first questioned by law enforcement on the day after the shooting that Tillison was not inside the club during the shooting, but was outside in the parking lot area. (See Price Affidavit attached hereto as Exhibit 1). Moreover, Price’s account provides an explanation as to how Tillison’s various and conflicting accounts of the events differed from those of other witnesses, including that of the State’s other key witness, Yulon James. Tillison did not witness the shooting at all. He made up the Page 5 of ILwhole story for reasons only he knows. Regardless of his motivation, a man has spent over sixteen years incarcerated due to Tillison’s duplicity. Law enforcement questioned Price on numerous occasions, including once in the presence of an as of yet unidentified assistant district attorney, yet neither the content of these multiple interrogations nor the fact that they ever took place at all was ever disclosed to the defense (Price Affidavit, Exhibit 1). According to Price, his appreciation of the purpose for these meetings was to illicit a statement which would corroborate Tillison’s version of events (Price Affidavit, Exhibit 1). Price continuously maintained, in spite of the best efforts of the police and the prosecution to curb his will, that if he were to be called to testify, he would tell the truth. Price’s truth is that he did not see who shot Baron Victor, Jr. and neither did Tillison (Price Affidavit, Exhibit 1). Again, we stress, neither did Tillison. Tillison is a liar. Tillison is the liar for the prosecution. Law enforcement charged Price with Obstruction of Justice Relative to First Degree murder upon Price’s refusal to sign a pre-typed affidavit prepared by law enforcement and the prosecutor (Price Affidavit, Exhibit 1). The State eventually refused these charges but only after Price filed a motion for speedy trial, in effect calling the State’s bluff (the court proceedings in this regard are memorialized in the minute entry attached hereto as Exhibit 2). This new evidence, unearthed following the passage of many years despite the state’s subterfuge, garners even greater weight in light of the fact that Jerry Price is, as is Tillison, the cousin of the victim, Baron Victor, Jr. As all three of these men are members of the same family there can be little doubt as to the accuracy of Price’s identification, even in a dark night club. This reality renders it even more critical for impeachment purposes and explains why the prosecution wrongfully failed to disclose it to the defense. See Wearry v Cain, supra. Not only is Jerry Price unrelated to the applicant, he is actually kin to the victim and he received pressure from family, police, and the prosecutor to testify contrary to the truth, which is that neither he nor Tillison witnessed the shooting (Price Affidavit, Exhibit 1). Page 6 of 11We also find it incriminating that, when Tillison was arrested for felony offenses following the trial, the prosecutor, Bruce Dearing, personally intervened to secure Tillison’s release from jail on an unsecured bond. We ponder as to why Mr. Dearing would use his position and authority to secure Tillison’s release on a signature bond (See Exhibits 3 and 4), We are unaware of Mr. Dearing being possessed of a habit of securing jail releases for drug offenders before or since Tillison’s release. As an advocate for the State of Louisiana the prosecutor must have knowledge of some legitimate vested state interest which would compel a prosecutor to provide what is essentially a “get of jail free card” to a man charged with a felony. If no such legitimate state interest exists, equity would demand an explanation for such unusual conduct. Perhaps the state feared that an incarcerated Tillison might recant his perjured testimony and tell the truth which would vindicate Mac Phipps. The Affidavit of Yulon James, Her Recantation Another example of “new evidence” can be found in the circumstances presented by Yulon James, the State’s only other alleged “eyewitness”. James’ initial statement to investigators incriminated Mac Phipps. However, James’ account of the incident clearly contradicted that of the State’s other “eyewitness” Nathanial Tillison. Whereas Tillison alleges that Mac Phipps shot Victor during a physical altercation as ‘Victor attempted to shield Desmond Cousin from a beating by members Phipps’ entourage, James’ initial statement to law enforcement suggested that Victor was sitting next to her when the incident occurred (See Yulon James Initial Statement attached hereto as Exhibit 5). Law enforcement knew that Yulon James, immediately, within twenty-four hours, attempted to recant her statement and, as her sworn Affidavit explained, she was coerced and threatened by law enforcement to level her original allegations against Mac Phipps (See Yulon James Affidavit attached hereto as Exhibit 6). The facts presented in this Affidavit are analogous to the facts in Wearry. Page 7 of IIn Wearry, supra, the State’s key witness, one Sam Scott, coached a fellow inmate to corroborate Scott’s story relative to a meeting with investigators that Scott had orchestrated. This coached inmate recanted a day later, asserting that Scott had told him to implicate Wearry in order to increase his chances to get out of jail. Recently, the United States Supreme Court held that Scott’s credibility “would have been further diminished had the jury learned that...Scott had coached another inmate to lie about the murder.” (Yulon James Affidavit, Exhibit 6). Not unlike the inmate in Wearry, Yulon James provided a statement to law enforcement which she attempted to recant the next day to no avail. However, the instant case differs from that of Wearry in that the pressure to incriminate Mac Phipps came not from an inmate, but investigators who at one point were reportedly so loathsome as to have allegedly threatened that “she would have her baby in jail” unless she testified against Phipps (See James Affidavit, Exhibit 6). Such brutal coercion and unjustified harassment by these subsequently terminated law enforcement officials is far more egregious than that faced by the inmate in Wearry and, as such, it brings the entire investigation and prosecution of Mac Phipps into question. At the very least, the evidence presented by the affidavit of Yulon James is more than sufficient to undermine confidence in the Jury’s verdict. Again, it is worth noting that Yulon James represents one of only two lay witnesses called by the State at trial and she recanted. The State’s only other witness, Tillison, is a liar. The Victim’s Fiancé, Samantha Barnes, has Executed an Affidavit Stating that, with the Passage of Time, She No Longer Believes Mac Phipps is Guilty Samantha Barnes voluntarily executed an Affidavit on July 10, 2016, which states that she, the fiancé of the deceased at the time of his death, has come to believe that Mac Phipps was wrongfully convicted. (See Samantha Barnes Affidavit attached hereto as Exhibit 7). She further states that she is personally familiar with Nate Tillison, the State’s main witness against Mr. Phipps at the trial of this matter, and notes that, Page 8 of 11in her opinion, Tillison suffers from a mental disability and he suffered from that mental disability on the date of Victor’s death and at the time Tillison testified at Mac Phipps’ trial. She suggests that Tillison was therefore neither a credible nor trustworthy witness against Mr. Phipps. Ms. Barnes questions Mr. Tillison’s credibility in this and all other matters. As noted below, Jerry Wayne Price is the decedent’s cousin and, as such, Price’s Affidavit also qualifies as victim impact material available to this Honorable Board. Ms. Barnes has agreed to and will testify before this honorable Board at the hearing on this application. Applicant Information ‘The Applicant Information for Mac Phipps is as required by LAC Title 22, Part 5, Chapter 1: LSA-R.S. 15:572 (2015): 1. Ameliorative Penalty Consideration: a. Name: McKinley Joseph Phipps, Jr; b. DOC Number: 445656; c. Date of Birth: 07/30/1977; d. — Race/Sex: African American Male; e Education: High School Graduate (12th grade); f Age at Time of Offense: 22 years old; g. Present Age: 39 years old; h. — Offender Class: See Application Form i. Place of Incarceration: Elayn Hunt Correctional Center; i Parish of Conviction: St. Tammany; k. Convicted of: Manslaughter; L Parish Where Offense Committed: St. Tammany; m. Date of Sentence: 12/21/2001; n. Length of Sentence: 30 years DOC; 0. Time Served: 16 years, five months, 22 days; p. Prior Parole and/or Probation: NA; q- Parole or Probation Completed: NA; 1. Prior Clemency: NA; Page 9 of 11Ss. Reason for Clemency: Wrongful conviction and excessive sentence; ibs Relief Requested: Commutation of Sentence to Time Served u, _ Institutional Disciplinary Reports: See Application Form *The Louisiana Board of Pardons, pursuant to LSA-R.S. 15:572 must consider Mr. Phipps for a recommendation of clemency t Governor Edwards as he meets the eligibility requirement set forth by policy and statute. Mac Phipps has no outstanding detainers nor any pecuniary penalties resulting from any criminal conviction or traffic infraction. Further, Mac Phipps has no court cost obligations whict remain unmet in connection with the conviction of this crime. In light of the foregoing, McKinley Phipps seeks consideration fo! a commutation of sentence and respectfully requests that his case be placed upon this Honorable Board’s agenda. This application is submitted in accordance with Board Policy 02.203 (“Application Filing Procedures”). Respectfully Submitted, SPELL & SPELL DOYLE SPELL, JR. BAR ROLL # 19798 1225 N, Columbia Street Covington, Louisiana 70433 (985) 795-9500 Attorney for McKinley Joseph Phipps, Ji: Page 10 of 1EXHIBITS OFFERED AND ATTACHED By: Doyle Spell, Jr. Attorney for: McKinley Joseph Phipps, Jr. Exhibit and Description Page Exhibit 1 Jerry Price Affidavit Exhibit 2 Court minute Entry Exhibit 3 Tillison Bond... Exhibit 4 Tillison Bond Receipt ... Exhibit 5 Yulon James Initial Statement . Exhibit 6 Yulon James Affidavit... Exhibit 7 Samantha Barnes Affidavit .... Cases Cited in Memorandum Brady v. Maryland, 373 U.S.83 (1963) Giglio v. United States, 405 U.8.150 (1972) Kyles v. Whitley, 514 US. 419, 437 (1995) Wearry v, Burl Cain, Warden, 577 US. _(03/07/2016). Statutes Cited in Memorandum Page LSA-R.S. 15:572 (2015) .. LSA-R.S. 14:30.1 LSA-R.S. 14:31 Page IL of 11STATE OF LOUISIANA PARISH OF IBERVILLE BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the parish and state aforesaid, personally came and appeared: . JERRY WAYNE PRICE hereinafter referred to as “Appearer” who, afler begin first duly "sworn, did depose and say that: 1. Appearer is the cousin of Barron Victor, Jr. (“Victor”) who was shot and killed at Club Mercedes on February 21, 2000. Appearer was present at Club Mercedes at the time of the shooting. 2. Club Mercedes was a small nightclub and was crowded with approximately 150-200 patrons at the time of the shooting. 3. At the time of the shooting the lights were low inside Club Mercedes and the room was full of cigarette smoke, both of which limited visibility in the room. 4. Prior to the shooting, Appearer was socializing with Victor and with Nathaniel Tillison (“Tillison”), who is also a cousin of both Victor and Appearer. 5. Appearer witnessed at least two separate fights which occurred inside Club Mercedes prior to the shooting. 6 During the last fight, Appearer witnessed Victor intervene and attempt to come to the assistance of an individual named Desmond who had been the instigator of each fight. 7. While the last fight was taking place, Appearer did not see McKinley Phipps, Jr. (“Phipps”) or Tillison anywhere near the location of the fighting. 8. During the second fight, gunshots rang out and the crowd, including Appearer, rushed to the doors to exit the nightclub. Again, Appearer was inside the club when the shooting occurred and even he couldn't see the shooter. p 5 EXHIBIT | Page 1 of 3while yelling “What happened to my cousin?”. Tillison had not been inside Club Mercedes at the time of the shooting. 11, Appearer continued on to the parking lot and and subsequently went home, After arriving home, Appearer learned that it was his cousin, Victor, who had been shot and Killed at Club Mercedes. 12. The next day, Tillison and the vietim’s mother called Appearer. Appearer believes ‘that detectives were also secretly on the line, Tillison suggested that Appearer could identify Phipps as the person who shot Victor. Appearer told Tillison and the viotim’s mother that, even though the victim was his cousin, he would not implicate Phipps because he did not see the shooter. 13. Immediately after that conversation ended, detectives telephoned Appearer and pressured hin to identify Phipps as the shooter. 14, Again, Appearer stated that he did not see the shooter and neither did Tillison, and he would nat lie to accommodate jaw enforeement. Appeater consisiently expressed this position to investigators, Tilison, Tilison’s sisters and Victor's mother. 15. _Afiec Appearer stated that he di not ee who shot Vitor, detectives threatened 1 sat him for violin te onions of his ppl by tag ib 2 gh uns ) identified Phipps as the shooter. probation 4 16, _ Tillison told Appearer that Lamont Moote (the boyftiend of Appearer’s sister at the time) said that Appearer saw the shooting and could identify Phipps as the shooter. ‘Victor's family believed that Phipps was the shooter based solely on that statement by Lamont Moore. Tillison told Appearer that he (Tillison} needed Appearer to “stick with him on this” and say that Phipps was the shooter. Again, Appearer told Tillisom that he did not see the shooting and would not falsely identify Phipps as the shooter. 17. Tn the days that followed, while working at Piccadilly Cafeteria, Appearer was called into the office of his manager, Maurice, whereupon deigetives fram ihe Sti) / Tammany Parish Sheriff's Office, accompanied by Appearer’s Baki Kevin Hidalgo, arrested him for Obstruction of Justice relating to First Degree Murder. 18, Following his amest and booking, the same detectives tried to force Appearer to sign a pre-typed affidavit implicating Phipps in the murder of Victor. Appeater refused to sign the affidavit 19. Days laier, the same detectives retumed to the jail and directed Appearer to write ‘out an affidavit implicating Phipps in the shooting, Again, Appearer refused to lie, 9 Page 2 of 3Marksville, Louisiana to serve the remainder of his sentence as a result of his pateie WSnuon ut ae tmagpoed back tothe St Tammany Parish Jalon wo ad8htonal occasions by the detectives who continued to pressure him to implicate Phipps. Aa assistant district attorney from St. Tammany Parish was also present during aah “heal imterrozation. Appearer advised the investigators and the assistant distit atomey thet he did not see Phipps shoot Vietor and neither did Tilison and that he would so testy if celled as a witness against Phipps. 21. Eventually, Appearer was transferred to Avoyelles Parish Detention Center in-y, batty Following that final meeting with detectives and the assistant district attomey. the charge of Obstruction of Justice relating to First Degree Murder was refused by the St ‘Tammany Parish District Attorney om July 6, 2000. and Appearer was not transported to St. Tammany Parish again, 23. Over the past six (6) months, no Assistant District Attorney, Investigator or other representative of the office of District Attomey Warren Montgomery has visited or contacted Appearer concerning the facts set forth in this Affidavit. — bei he SWORN TO AND SUBSCRIBED before me this —l SYh _ day of March, 2016, at St, Gabriel, Louisiana, ‘NOTARY PUBLICCriminal - Defendant Search - Cases - Case Detail - Minutes Minutes for Docket# 72-20820 - click entry to view detail Date Judge REGINALD T, BADEAUX, III I REGINALD T. BADEAUX, III I 2000-03-21 JAMES J. GLEASON, III, COMMISS Minute Entry Detail for 2000-07-06 Date 2000-07-06 Judge REGINALD T. BADEAUX, IIT Division 1 ‘ Minute Entry 208201 STATE OF LOUISIANA vs JERRY W PRICE The defendant being present in open Cour attended by Counsel, THOMAS FOLEY and this matter being on assignment for Motion for Release From Custody Based Upon Violation of Speedy Trial Rights Under La. C.CR.P. Art. 701. The State at this time informed the Court that this charge would be refused, No Bill of Information to be filed; whereupon, Court granted said motion. Further, this matter being on assignment for Application for Reduction of Bail, Court found this matter to be "moot". EXHIBIT a00929) pogne. SPB. Wee CBR CRE Eee ‘UNSECURED PERSONA\ So sraeoF tous 1S CT REQUEST OF apasrs pais OF st Tan RUCE DERRINGs. ss/leaoR AD DECS . TK STUCK ss or : ‘osm NOEPO CAG} “CN ican ppl bgt er raed wit) the rime of FNP PSORSIOM OP SC cos Giinay tea sian bale dena EO ISS — CHO. yant CREorE Ss CCRoT iS ER CRRAROD IRON HN Siro ‘Louisiana, assured hereby undertake tac the abowe named DACCHOO. uO) FAS (Det) wel spe oa aps oft prcig ne 2 oil ii Caro sre tata oF ny fest charge and wil at all ines bed unser herelf enable othe xders and press of cout, and iconic, ‘ll appeat for pronounooment ofthe vere ad trance and for exciton ofthe sentence and wall nt lave th tt ‘ethos wriom permission of te cous, cat if efendas fist et of he pacpal nd cy ‘ind themselves in solid to pay tothe Sate oF Loin, (or Cy of (or Pans ofS. Temmany) the um of Aon cote) nord ine tee eed an byte mdigten te OD ayer TCONABOD BOO commas Oto OOADA OOO, Cape rtiy Akon PERSONAL SURETY AFFIDAVIT seas or ousuna Sado St sastawe MAHAQ AIO THUS uPAR BGA fae nse eis in at of SE TOPACA SA Lite fowng oti (OSES NL tin Sif Or __ Sutera yout eny na gucnne psedbyAx 15 din eid omc vr puny root sos pom ies ving ial abs: ‘sea tin ia a hen ‘ellen cay work oe im of LOT OOUSOUTY - « lero sina, hat be has no sgn or enaeuted any ded, exe, contrac, stigma or ntrument of any kd hat wll oie or prevent he exoreeret ois rb bend Z, Z y f asd int bere nd ake byte wcrc on tis_ QS sey oA DODOCIBOP DOO! courpare LO Coron 2002, Monies Qe Ae Bond Approved By Disviet Judge FAIQOSOO) = ___ >» » NOTE: PLEASE ATTACH COPY OF DRIVER'S LICENSE OF SURETY ««e vo EXHIBIT 3 ‘eeeAn10a = Prara# F037 SUK - pao RE SO¥ UBB 5S OSS . AT_ REQUEST _ Shaman aaspeeresr OS 0s DerRINO Gx : Sargon ious, DOOKETNO. eono Noi06160 - - cuseoeno. HOM OD18-CCBR. ard ugiiial Cout TOKET STAN 1 CASH BONDSOD - SIAN G PROPERTY BON COMMERCIAL BOND {UNSECURED PERSONAL SURETY 3f PERSONAL SURETY 2 acer . peter nll eee Coteau = having been arrosted forth crime(s) of Roemossion OF Schociic— Gharcas vase {cs nevcby agoe wo appear et al stages tho proceecngs In cout or he pach of St TAMAR, 1 ATE {gp nereby ant eg cege, and i at al tags nok amerabe 10 te ores end ponees 8 Ss Shak Gna OY car pronouncement ofthe voter and sentence, and wil not leave te otie Siautwiton permiesion ofthe cour. mO BOND AMOUNT poters @ YOO = vay Cash Bond posed is recorded Inte name ofthe poser and returned only to them [Do Not nave t appearin Cour ‘coun Appearance mancatory. Falure to appear wil resultinatacnmont for your eres | MERE’ AGREE TO APPEAR IN-THE 22ND JUBIGIAL DISTRICT COURT, AT COVINGTON, LOUStAM e__(Q__pavor oapch 202. BSC O00 = say Gash Deposit Bond or Ba wil be oid in accorance with In tre acaeastes sonn ne iyo ond coach ara chang, gfe ty ce deter Tem ares) sn css Samm ring, sue) sranae. Boosie ary motos se 1 me sonal eGieee wl suc, unies te clerk of edurt's office is eo nated. YA Mea ebar od am Masno. oes Ti (Son SSIES cost Grn O10 =— RE Dsante pense rees Ua XGianiaiotenan ateeriomen : 1Q-O3- 200 __. = N EXHIBIT 4Trem # 02-3930-00yj Item # 02-3930-00 Statement taken by: Detective Stephanie Pinac, #812 Statement taken from: Yulon James Today’s date is February 21%, 2000. Statement is being taken in reference to a signal 30 which occurred at Mer, Club Mercedes on 190 West. Item is 02-3930-00. Present is myself de, Detective Stephanie Pindc and Yulon James, Y-U-L-O-N, James, J-A-M-E-S. Black female. Date of birth is 2-15 of 76. Address is 35633 Laurant Road, Slidell, Louisiana 70460. Q a a a Pr OF OF Yulon, what J want you do is tell me what happened tonight and what you had a chance to ‘witness? Alright, when we were in the club tonight, me and my (Inaudible), ‘Now what time you get, what time did you get to the club? 9:30 (inaudible). Okay and what do you, what do you do for the club? My boyftiend throws the concerts, So basically he only promotes the concerts. Who's your boyfriend? Duane Henderson. Okay. It's D-U-AN-E, They just spoke to him (inaudible). Okay, so you and Duane, Duane sets up the concerts for the clubs and ya'll set up a concert at Club Mercedes? Yes, i Okay, so you got there around 9:30 and? Em, hm, he was already there and the performers were already there, Who was performing? It was a concert for Mac, um, that’s his stage name. Do you know Mac’s real name?oreoPrpOorOoP DR P > > Or OP eC Ttem # 02-3930-00yj McKinley Phipps. Okay. And, um, when we got there he was just doing a sound check like the other local performers that were in it, they were doing sound checks and stuff and Mac then was just (inaudible). Okey end? And I mean the concert and everything went along well until the fight broke out and I was like ob, God, so I walked outside right when T heard. ‘What time do you think the fight broke out? [haven't the slightest idea, Was it like around one o’clock? Tdon’t know, I mean cause it was like it wasn’t a long (inaudible). Okay. Then I, I walked outside. So the concert took place and then what happened? ‘It wes like kind of like a litte intermission between performers. Em, bm. Where they just started playing music and a few guys or whatever got in to it on the dance floor. One of the guys that was with Mac, who rode down I guess you could say going for the ride or whatever. Em, hm. Who rode down with him and got in to it with a guy. Do you know their names, the ones who rode with him? I don’t know the ones with Mac man, but I know the ones from Slidell (inaudible). Okay. “He was hit the face and his mouth was just starting to bleed real bad. (Inaudible) some other guy there was laying on the ground and they was working on him. He came by me and it looked like his face, blood was coming ail out of his mouth (inaudible).> Or Oro PoP OPK re Item # 02-3930-00yj Okay, so let’s get back to where the fight started? It was like at first I heard some arguing so I looked on the dance floor cause it was like right off the dance floor and I said oh ya know I'm tired of this so I walked to the front. Em, bm. And I stepped outside and I walked right back inside and, um, sat next to Barron and I just looked on the dance floor. Barron? Em, hm. We call him Boo. (Inaudible). ‘Ya know Barron’s last name? Em, em. Okay. Um, and I look on the dance dloor and I was looking for Mac, but they was ya know sittin there arguing and right when I looked at him I heard like two shots and it was like coming. ‘You saw two shots? Em, bm. Coming from where? From Ma's hand. From Mac’s hand? Ya positive. Em, bm, I’m positive. Imean it wes dark and smoky but you could still see cause it’s like the way the lights go on stage like on the dance floor it was beaming right on him. He was like standing right in front of those lights. Okay, so you seen two fot, two, um, shots fired in? In like my direction and this guy was standing right next to me, well sitting right next to me inabarstool, And then I looked and suddenly it was like everybody started jumping from ya know from the bar and we seen him fall to the floor and we like oh, Lord. And who was this that fell? Boo. Barron, okay. So he fell to the floor and what happened next? 3r Or © 2 > OP OPO Item # 02-3930-00yj it was like everybody started running and people started jumping over him and stuff and his aunt, the one that was, uh, around the ambulance. I don’t know her name, started like getting hysterical and then she was like he’s shot, he’s shot, he’s shot and then I started. standing next to him and eventually everything was under control ya now. Iwas like I was standing next to him for a minute and I was like trying to remember it, where I stood ya imow. But then a gir] she’s a, she’s a respiratory therapist she got (inaudible), I think I know what I’m doing ya know. So she started trying to do CPR and I think she wasn’t doing it right and that's when I started trying CPR. What do you, what do you do, I mean? Tm, I’m a Biology inte. Okay, so you know a lot about CPR and stuff? ‘Yeeh. Okay, so, ub, ya'll started doing CPR on him and? And I mean I got a pulse and stuff and then I ripped his shirt open to see where he was shot at and I put tourniquet on him where he was bleeding real bad. ‘Where was he shot at? Right here, right in his arm. On bis left arm? Left arm and I put a toumiquet around his armpit cause he bad areal bad shot because when Looked at him I think he was going in shock cause he was foaming at the mouth. So I flipped him on his back and waited, elevated his feet at the same time waiving his arm up to slow the bleeding down. Un, hub, And that’s when he was getting an unsteady pulse and stuff. So I started doing CPR on his chest and got a, got a strong pulse after that and, uh, that’s when I held him by ya know by the nose and clogging up the flesh wound. Em. And he was breathing steadily and then when the, the police came they told us to back away from him, They were (inaudiale). - ‘Yeak, so you sitting here and you're doing the CPR on Barron and where was Mac?> 2 > Oo Pr Oo > OP Or REO aororeee Item # 02-3930-00yj He had ran out the back, but then he came around the front and he was like when I was working on him he stepped right over him. And they was like see we were just, come on man, look at him he’s down, he's down, let’s go, let’s go. Okay. And so they ran back out the back door (inaudible). So he came in through the back door, he stepped over the guy who was shh? ‘I mean he ran out the back door to begin with, but then like he walked on the club. Apparently he came right back in to the front door. Okay. Cause that where we were laying. Uh, huh. Ya know right at the front door. And he? ‘And he still had the gun on his, on bis pants. Okay, what did the gun look like? Twas chrome, if] could tell. Ya know I’m not too familiar with guns, but from the way it looked to me it was a twenty five. ‘Was it small? Big, what? Twas about. Em, ch. ‘Was it smaller than this? ‘Yeah. ‘Was it way smaller than this? Pull it out. A little smaller, not, not way smaller. ‘Was it black like this? No, it was all chrome. ‘Was it an automatic?ro Fr oO 2 > OP OP BP OP > oF ODP oO Item # 02-3930-00yj- Em, hm, Like this? Em, bm. And it was all chrome? Em, hm. ‘Where was he carrying it at? On his left hip. Cause he. Left hip? ‘Yes, because I was laying on dowin lift like this, hold, like elevating his arm and doing Gnaudible) and I looked up I seen (inaudible) Mac on his left cause he walked right over me. Okay, what it just stuck inside his pants? Hm, em, bm. Okay, what was, uh, Mac wearing? Camouflage jeans. Cause it was like a camouflage party ya know like if you wore camouflage gear you got in. So they take two dollars off your admission. ‘The green and black camo? Em, hm. He had the pants on? Em, hm. And his shirt? And like a little bandana on his head, I mean, but that’s like his whole entire gear. If anybody ever you about him, he’s gonna have the same thing on because he got his own record company. Uh, buh. On with, like he signed with No Limits and then he has like a smaller subsidiary record company by Camouflage Entertainers. Okay, so he had camouflage pants on?Pr OP OP BF ODP Oo PY ore > Ttem # 02-3930-00y3 Em, hm. ‘What kind of shirt? Emu, it was like a gray shirt, like it matched the camouflage, A tshirt? Em, hm, How do you know Mac? From my boyfriend. Imean I met him a couple of times. We were the ones who called him, ‘You said? We been to his house and stuff and. ‘Where does he live at? In Baton Rouge. ‘How many times you think you've been to his house? Two. So you definitely mew it was Mac? You had definitely, you're a hundred percent positive that Mac fired the gun? Em, bm. Who did he leave with, do you know? The people from his entourage, I mean this guy, I mean I don't know it might have been his real name, but I just know his nickname. ‘Who? A little guy named, they call him Halloween. Most people just call him Ween. And another guy named Two and? Two, T-W-0? Em, hm, And, uh, I’m not sure the rest of their names. I mean I know’em if see’em, I just don't inow’em by their names. What names they go by. ‘What kind of, uh, vehicle does Mac drive?> > Ror Rr OP Rr OP RY orPoPrR ER Item # 02-3930-00yj It’s.a truck. Ub, ooh, it’s like newer model because he just got it. He used to have a like a F-150 and he just. What color is it? Like a silver. Is ita truck? It's like aSuv ‘Navigator or it’s not a Navigator. One, one’s the Escalator. Tahoe? Em, em. Um, Yukon? Em, em. Suburban? Em, It might be a suburban. Okay, so that’s what they left in? Em, hm. How many of'em do you think left? ‘About five or six, At first it was like right before he had like twenty-four people with him. before the, the fight sort of broke out, but they Teft and went home. So, but I think they left about five or six people. So Mac was fighting with Desmon, right? Mac wasn’t gonna fight with Desmon. It was just somebody that was with him. So one of Mac’s friends did. ‘Yeah and he jumped in. Do you know which friend? Em, em. _ Okay and so Mac fired two shots?Item # 02-3930-00yj A He hit Desmon first and when Desmon hit the ground then he fired two shots. Which we * didn't even. Mac hit Desmon first? Em, hm, Okay. And Desmon was laying on the ground and my sister was the one that lift him up and moved him out the way when the first shot went off r PPO Okay, what’s your sister’s name? Kisha, K-I-S-H-A. Is there anything else you can think of that you'd want to add to this statement? Em, not off hand. Okay, is there anything that you would like to delete from this statement? rp oP Or R No. Statement is being concluded on February 21", 2000 at 04:37 hours. pafAFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned person, personally came and appeared, Yulon James, who afier being first duly sworn, does state and depose that the following facts contained within this affidavit are true and correct to the best of her knowledge and personal witness. 4 wan Cannas U €AhathamCorunas U hereby attest to the following being a truc and accurate statement of facts to the best of my own 490) 1, Yulon James, (DOB 2-15-1976), residing at //// personal knowledge and experience. 1. 1, Yulon James, being of sound mind and of my own free will and commitment to the proper administration of justice, hereby make the following declarations of fact: 2, I, Yulon James, do hereby swear that in the case of State of Louisiana v, McKinley Phipps, Jr., case # 316809, 22nd Judicial District Court, Parish of St, Tammany, I personally was coerced into giving a statement to Detective Stephanie Pinac and other law enforcement officials, on the night/ early morning hours of the incident on February 21", 2000 falsely identifying McKinley Phipps, Jr. as the person who shot Barron C. Vietor, Jr. at “Club Mercedes” located at 2294 Hwy 190 West, Slidell, LA. I felt threatened by law enforcement officials into stating that I saw two fact, could not see who shot shots come from a gun in the hand of McKinley Phipps, Jr. I Barron C. Vietor, Jr. when I heard the shots being fired inside “Club Mercedes” the night of the incident. I never saw gunshots come from the hand or person of McKinley Phipps, Jr. at any time during the incident involving the death of Barron C. Vietor, Jr. Inever saw McKinley Phipps, Jr. shoot or shoot at Barron C. Victor, Jr. at any point or time during the incident involving Barron C. Vietor, Jr.'s death. Page 1 of 33. L, Yulon James, do hereby further swear that I traveled to.the St. Tammany Parish Sheriff's Office the next day after the incident involving McKinley Phipps, Jr. to correct my statement to law enforcement officials, I told St. Tammany law enforcement officials that I did not see ‘McKinley Phipps, Jr. shoot Barron C. Victor, Jr. during the night of the incident involving Mr. Victor's death, This was my second statement to law enforcement officials concerning this incident involving McKinley Phipps, Jr. 4. L, Yulon James. finally swear that my 1“ statement to law enforcement officials and appearance at trial for McKinley Phipps, Jr. was under duress and threat from St. Tammany law enforcement officials. fu (on Nanny BI4 re Affiant (Sigy Name) i lon Tames ‘Affiant (Print Name) NOTARY The fore signed, Yulon James. did appear before me, was duly sworn, and did make the foregoing declaration after being appraised of the penalty of perjury, and I am s: fied that she is of competent mind and body after reasonable questioning. QO ) at Sworn to and subscribed before methis_/_ day of i} AL Wee ran Ce Noty X TW Cindy Huriey Notary Public ‘STATE OF TEXAS My Comm. Exp. 02-24-2011 Notary rit ame) \ Texas Bar/Notary # Page 2 of 3STATE OF LOUISIANA PARISH OF ST. TAMMANY BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in ‘and forthe parish and state aforesaid, personally came and appeared: . SAMANTHA BARNES hereinafter referred to as “Appearer” who, after begin first duly sworn, did depose and say that: 1. __Appearer was the fiancee of Barron Victor, Jr. (“Victor”) who was shot and killed at Club Mercedes on February 21, 2000. Appearer was not present at Club Mercedes at the time ofthe shooting 2. Appearer met Victor in 1995 and became engaged to marry him two weeks before he was killed on February 21, 2000. 3. Tt was after Vietor’s fiineral took place that Appearer leamed that McKinley Phipps, Jr. (“Phipps”) was alleged to be the shooter. 4, At the time of Vietor’s death, Appearer was 17 years old, She believed what she was told by family members and had no reason, or means, fo do any independent investigation 5. Throughout the entirety of the legal proceedings in this matter, Appearer only attended court for two days. 6, Inthe years after Phipps’ conviction in 2001, Appearer was told by several people in the community that Phipps was not the shooter. 7. 1n2014, Victor's family reached out to Appearer via social media in order to share ‘with her articles that appeared in The Huffington Post about the Vietor/Phipps case Victor's family members encouraged Appearer to to act as a spokesperson for Victor and his family. 8. _ In February 2016 Appearer contacted David Lohr, Senior Crime Reporter for The Huffington Post. Lohr has independently reviewed all of the evidence and conducted interviews of witnesses. It was Appearer’s intention in contacting Mr. Lohr to express her displeasure concerning the stories published by The Huffington Post regarding the conviction of Phipps. 9. Following several conversations with Mr. Lohr, Appearer requested to review the evidence and trial transcripts herself. 10, Appearer has reviewed the evidence and witness statements relative to the case of “State of Louisiana v. MeKinley Joseph Phipps” beating number 316809 on tle docket of the 22nd Judicial District Court for the Parish of St. Tammany, State of Louisiana. ea 111, Appearer believes that Phipps was wrongfully convicted and is innocent of the crime for which he was convicted and fally supports Phipps’ petition for clemency. 12, Appearer also has personal knowledge that Nathaniel Tillison, the State’s main ‘witness against Phipps at the trial of this matter, suffers from a mental disability and suffered from that mental disability on the date of Vicior’s death and was therefore not « credible or trustworthy witness. SWORN TO AND SUBSCRIBED before me this 10th day of July, 2016, at Covington, Louisiana, Tes rep ce. Erect eay ° Let An usr