freerodneystanberry.com Blog

The “No-Snitching” code. 

 If You Don’t Snitch, You May Hurt the Community, If  Do You Snitch, You May Hurt Yourself: The Perils of Being Honest, the Case of Rodney K. Stanberry.

May 29^th, 2011

 Last evening, I saw the tail end of a Tyler Perry television show.  The show was apparently about a shooting that had occurred. The police had no leads because no one would come forth with information about the shooting, even though it was in a public place.  At the end of the show, one of Perry’s characters stepped out of character and provided statistics about Black on Black crime and stated that more of these crimes would be solved if witnesses would come forth with what they knew and saw.  He said that the “no-snitch” code of the street is detrimental to the African American community.

 Rodney K. Stanberry could have practiced the “no-snitch” code.  In all likelihood, he would not be in his 15^th year of a prison term (including another hot summer in an Alabama prison) for crimes he did not commit had he remained silent. Instead, when Rodney learned about the crime, he went to law enforcement within 24 hours.  Rodney learned about these crimes after he’d completed his work shift for the day. He was told that his friends robbed the house of another friend, but would later find out that they robbed and shot the victim. (He would later secretly record the person who told him about the crimes in order to get to the truth of what happened, and he provided this recording to the police! The Mobile District Attorney’s Office made sure that the jury did not hear it- http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914154932.256160049.pdf ).  Rodney, within 24 hours, went to the Prichard, Alabama police department with all the information he had on his two friends from New York who were in Mobile to visit him during Mardi Gras. Rodney even called a detective in New York to explain what he knew and to see if she could apprehend his friends as they got off the Greyhound bus. Detective Fletcher, the original investigating officer acknowledged that Rodney had come to him (at the Prichard Police Dept), had asked them to contact the detective in New York to stop the guys for questioning, had provided them with photos with the individuals from New York and so on.  The Prichard detective’s response was that Rodney was being “too helpful” so he must have been involved with the crimes!  This puts a chilling effect on those who want to be law abiding citizens and come forward with information, even information about their friends, as Rodney did.  (http://freerodneystanberry.com/yahoo_site_admin/assets/docs/R20Russell2C20PI1.242153709.pdf)

 Detective Fletcher, nevertheless, used the photos Rodney provided and as the victim was still in the hospital, he asked which of these individuals could have been at your house.  Rodney was in the photos he provided because the two people in New York were in those photos and he was helping law enforcement to identify them. The victim couldn’t talk as she was recovering from a gun shot wound to the head, had indicated that she did not know who was at her house, and was asked to point at the person in the photos who could have been at her house. This “photo-line-up”, using photos provided by Rodney and asking the victim who could have been at her house, led to Rodney being implicated in these crimes. Rodney was often at the victim’s house, so she pointed to him. (http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914154802.256153049.pdf) From there, the detective called Rodney’s job, inquired if he was at work on March 3^rd,   1992 instead of March 2, 1992, the day the crimes took place. Rodney worked at BFI since 1989 and did not miss a day of work until he took off on March 3^rd to go to the Prichard Police Department. So this detective, instead of asking about March 2^nd, asked about March 3^rd and told the victim’s family that Rodney was not at work on the day of the shooting! Rodney’s work records and co-workers place him at work on March 2^nd and if the detective had been more careful, he would have reviewed when Rodney was in his office and he would have went to his workplace to see his records before telling the victim and her family that Rodney was not at work. At this point, the case was over before it started and the Mobile DA’s office would “fix” the original mistake by disregarding the work records and testimony of Rodney’s co-workers and supervisor.  This is all done to a person who did not adhere to the “no-snitch” code of the streets.

 The Mobile District Attorney’s Office compounded the problem when they refused to investigate all leads.  They opted to focus on Rodney and a theory, as opposed to letting the facts guide them.  In about 6 months after the crimes took place, one of the two people at the victim’s home confessed and exonerated Rodney. This is the person from Mobile who came into contact with Rodney’s friends from New York, not through Rodney. Terrell Moore said it was he and Wish Melendez at the home and that Rodney was/is innocent. This person (Terrell Moore) did not know Rodney and had no incentive to confess to a crime unless he was involved. Moore, too, broke the “no-snitching” code. Of course he did so because he actually thought he would be arrested and convicted for being at the victim’s home when she was robbed and shot.  Silly him, he didn’t know that the Mobile District Attorney’s Office would give him a “Get Out of Jail Free” pass because they already had their theory and the victim’s statement that Rodney was at her house (http://www.freerodneystanberry.com/eyewitness_misidentification).

The person who confessed was never charged for anything relating to this case (see transcript of his confession- both Mobile Assistant District Attorney Buzz Jordan (the prosecutor in Rodney’s case) and Prichard Police Detective Lebarron Smith was present-  (http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914155256.256155350.pdf).  

As stated in Rodney’s brief in support of Petition for Writ of Certiorari: 

“Mr. Moore was called by the District Attorney’s Office to testify before the Grand Jury and was granted immunity….wherein the State granted immunity to Moore for his testimony at the Grand Jury proceedings, but in the event he were to testify at trial, he would not be granted said immunity.  Mr. Moore then proceeded to obtain private counsel, namely, the Honorable Bob Clark of Mobile, Alabama, and when called to testify at trial, Mr. Moore took the Fifth Amendment right to remain silent.  The trial court, the Honorable Ferill D. McRae, ruled in the Motion in Limine, prior to jury selection, that in the event Mr. Moore took the Fifth Amendment and refused to testify at trial, then the Defendant would not be able to use his video taped statement, nor his audio taped statement which clearly and unequivocally exculpates the Defendant from these crimes.”

Terrell Moore was an inconvenient truth and the District Attorney’s Office, during Rodney’s Rule 32 Post Conviction hearing in 2001, made sure that Moore did not say anything on the witness stand (http://www.freerodneystanberry.com/yahoo_site_admin/assets/docs/marthtierney1standalone.115144422.pdf)!  Rodney was arrested in 1992, tried and convicted in 1995, and began serving three 20 year sentences (to run concurrently) for attempted murder,  robbery, burglary in 1997.  His Rule 32 Post Conviction hearing was in 2001. The Mobile DA’s office, currently under the leadership of Ashley Rich, continues to see this as an inconvenient truth that should be ignored  (http://www.freerodneystanberry.com/the_shooter-_what_they_want_to_wish_away).

In sum, Rodney K. Stanberry remains in prison for crimes he did not commit.  The Mobile District Attorney’s Office and the Prichard Police Department had evidence proving that Rodney was innocent. The Mobile District Attorney’s Office opted to go with a theory.  If they had taken the information that Rodney had given to them when he broke the “no-snitch” code of silence and apprehended all involved, they would have gotten to the truth and pursued justice. The District Attorney’s office never arrested or tried anyone else for the horrible crime that was committed against the victim, even as they told the jury and the media they would. The Mobile Press Register even ran a story about then Mobile DA John Tyson, Jr’s  successful “Murder Team,” which included Buzz Jordan and included Rodney’s case.  Specifically the articles states that ” (Rene) Whitecloud was convicted of murder in New York and has been brought back to Mobile for trial, which is pending (Mobile Press Register, April 22, 1995). I don’t know if the DA’s office gave the Mobile Register that information, but it wasn’t true. The DA’s office never tried or attempted to try anyone else for these crimes.( http://freerodneystanberry.com/yahoo_site_admin/assets/docs/mobileregister.256104348.pdf).   The Mobile District Attorney’s Office had Rodney, they got a conviction, they were going to wrap this in a little bow and move on. They didn’t count on our family being vigilant in fighting for Rodney’s exoneration and freedom. There are many people in Mobile, I believe, in positions of power and influence that know about Rodney’s case and know that he is innocent.  Instead of these people coming forth with what they know about how the District Attorney prosecuted this case, they are opting to maintain silence. The “no-snitching” code of the street is being practiced by people in power.  They are hurting the system of justice when they do not bear witness to what they know.  To them I say, break the “no-snitching” code.  It is the right thing to do.  

Peace,

Artemesia Stanberry

Artemesia@freerodneystanberry.com

Please go to www.freerodneystanberry.com for more information.

To reach Mobile County District Attorney Ashley Rich, please call (251) 574-5000 or (251) 574-8400.

To reach her investigator Mike Morgan, please call (251) 574-8412 to reach his secretary.

To reach Alabama Attorney General Luther Strange, please call (334) 242-7300.

To reach the Mobile Press Register, please call (251) 219-5343.

Please send information about Rodney’s case to your contact lists, innocence projects, attorneys, and anyone else you believe would be interested in his case. 

 Thank you and we need you.  Also, please see this link from Dr. Boyce Watkins. Let’s keep up the momentum.  http://yourblackworld.com/2011/05/28/update-on-the-case-of-rodney-k-stanberry/

April 27, 2011

Greetings:

Today, April 27, is Rodney K. Stanberry’s 42^nd birthday. He remains in prison for crimes he did not commit.  When Rodney was arrested, he was approximately 23 years old.  When he was convicted, he was approximately 25 years old. When Rodney began serving 3 20 years sentences (to be served concurrently) for attempted murder, robbery, and burglary, he was a month shy of his 28^th birthday.  Rodney, has spent his entire 30s in prison, and is now in his early 40s.  Imagine waking up one day going about your day as usual as a law-abiding, middle-class, loving son of two parents who have been married as long as you’ve been born, and a loving sister only to find your world turned upside down, accused of a crime you did not commit.  Imagine knowing that you were at work, work documents proving you were at work, supervisors, co-workers, and even a City of Mobile date stamp as additional evidence, but being arrested and convicted, nevertheless. Imagine how it feels to help law enforcement by going to them immediately to help them. You provide them of the photos of the people thought to be involved, only to have the detective to use those photos for an improper line-up. In other words, after the victim says she doesn’t know who shot her, the police places the photos you provided in front of her and asks which of these individuals could have been at your house. As someone frequently at the victim’s house, imagine your surprise when her pointing to indicate that you could have been at your house would lead to an Assistant District Attorney ignoring all evidence proving your innocence to get a conviction. Imagine you secretly recording someone with knowledge of the crimes in order to get to the full truth and turning that information over to law enforcement only to have the people sworn to uphold the law to ensure that the jury doesn’t here it. Imagine then learning that another individual confesses, more than two years before the trial in front of the prosecutor. Imagine the prosecutor again working to ensure that the jury doesn’t hear the confession.  Imagine that the 4 people intimately involved in the crimes (including the person who confessed), all exonerating you on paper, via a confession, and/or in trial at expense to themselves (the actual shooter died in a violent street crime), but because the prosecutor has a laser beam focus on you, that doesn’t matter. And then imagine going day in and day out thinking about this, thinking how it has impacted your family, thinking about how the system has let everyone down in this case, except, of course, the prosecutor who was part of a 4 member murder team in the Mobile DA’s office who put another notch on his belt.  And then imagine waking up on your birthday, your mother is in a nursing home in another state, your 77 year old father is still struggling to survive, your son can’t hug you and wish you happy birthday in person, and your sister is playing the role that both of you would play with aging parents.  I ask you to imagine Rodney a free and exonerated man, hopefully the universe will respond to us collectively and justice will finally be served. I also ask that you give Rodney a birthday present, that you call:

Alabama Governor Robert Bentley at (334) 242- 7100

Alabama Attorney General Luther Strange at (334) 242-7300,  

Mobile District Attorney Ashley Rich at (251) 574- 5000 or (251) 574- 8400 or via email at ashleyrich@mobileda.org. 

Peace,

Artemesia Stanberry

Greetings:

This will serve as blog entry number 2. The blog can be located at www.freerodneystanberry.com/blog.

This is the latest article and audio about Rodney’s case: http://blackbloggers.wordpress.com/2011/04/18/the-case-of-rodney-stanberry-incarcerated-for-a-crime-he-did-not-commit/ 

I will post another radio on the webpage when it is available as a podcast.  I want to point out that Rodney passed a polygraph test.  Rodney did everything the DA’s office would want people to do- come forth with all that you know, even if it means “snitching” on friends. Rodney did this. It was Rodney that called a detective in New York and who asked the Prichard Police Department to do the same (http://freerodneystanberry.com/yahoo_site_admin/assets/docs/R20Russell2C20PI1.242153709.pdf)

The purpose his contacting Det. Hardy in New York was to see if she could apprehend the individuals leaving Mobile and returning to New York via Greyhound. Why would Rodney do this were he not innocent, and if he did not want the culprits in the crimes to be punished for what they did?  Rodney did what the DA’s office and police would have wanted anyone to do, and his reward for it is now 14 full years in prison.  I mentioned that Rodney passed a polygraph test.  I know this would NEVER happen in a million years but if the prosecutor in Rodney’s case, Joe Carl “Buzz” Jordan, were to be given a polygraph test and/or the current DA Ashley Rich, here are some questions that I’d like to ask:

1)     You visited Rodney’s place of employment, you’ve seen his records, you’ve heard from his supervisor and co-workers, do you believe Rodney K. Stanberry was not at work when these crimes took place?

2)     You stated that you visited Rene Whitecloud in prison at Riker’s Island in New York, but only went there while on vacation to see if there was anyone actually from New York in Mobile. Did you go on vacation or were you on official business?  Have you gone to New York on vacation since this time? Have you ever gone to New York on vacation?

3)     You stated that you did not take notes because you were on vacation, did you take notes. Are these notes still available?

4)     You visited Rene Whitecloud in 1995 during this “vacation time” did you attend his sentencing hearing. If so, did you happened to get lucky and stumble upon his sentencing day while on vacation or were you informed by someone of the date of his sentencing hearing?  If so, was this official business and are your notes available?

5)     You mentioned to the jury and to the media that Whitecloud would be brought to Mobile to be tried, did the Mobile DA’s office actually intend to try anyone but Rodney for these crimes? Did you intend to bring Whitecloud to Mobile to be placed on trial?

6)     When did you discover that the actual shooter, Angel Melendez, died of a violent crime shoot-out?  After hearing that and knowing that Rene was in prison, did this factor in to your targeting Rodney for conviction?

7)     You gave Terrell Moore, a native of Mobile, testimonial immunity in exchange for his confession about the crimes.  You stated that Terrell’s confession, given in front of you, Prichard Police Detective LeBarron Smith, and his attorney Bob Clark with the only stipulation that he tells the truth to avoid arrest, was a “pack of lies” and that you will never believe Moore was at the victim’s house when the crimes took place. Did you believe Moore to be telling the truth? Did you believe him to be telling the truth before giving him testimonial immunity?  After giving him testimonial immunity? Given his description of the house, the victim, the neighbor’s car and so on, did you attempt to investigate what he’d told you?

8)     You stated that from the day the victim awoke from a coma, she stated that Rodney.  Do you believe this to be true? http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914154802.256153049.pdf 

Why did you go to the workplace of Rodney’s girlfriend to determine whether she was at the house?  Do you recall Detective Fletcher stating that the victim said that she saw a white man at her house?  http://freerodneystanberry.com/yahoo_site_admin/assets/docs/R20Russell2C20PI1.242153709.pdf

9)     Did you share any part of Terrell Moore’s immunity agreement with the victim before trial?   http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914155256.256155350.pdf

10)  When did you find out that the mask and gloves worn by one of the assailants were “lost” by the Prichard Police Department? What was your reaction when no physical evidence was gathered or maintained?  http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914154858.256150821.pdf

11) Do you believe Rodney was at the victim’s house when these crimes were committed?

12) During trial, after again seeing that Rodney had an airtight alibi for his whereabouts during the time you established the crimes to have taken place, you mentioned that a factual witness had changed the time of when she remembered being on the phone with her sister, the time that you believed the crimes to have taken place. Did she approach you or did you approach her about this? 

I would love to see the responses to these questions either via a polygraph test or under sworn oath. 

Finally, I mentioned snitching above. Rodney did what would go against the code of the streets AS SOON AS HE FOUND OUT THAT THE VICTIM HAD BEEN ROBBED AND WHEN HE LATER FOUND OUT THAT SHE WAS ACTUALLY SHOT.  If only public officials, law enforcement, and other powers that be would stop following the “no-snitching” code and tell the truth about Rodney K. Stanberry’s case and prosecution. 

Sincerely,

Artemesia Stanberry

On March 25^th, Rodney began his 15^th year in prison. 15 years is a long time to serve in prison for crimes you did not commit.  District Attorneys should be held accountable for their actions. Unfortunately, they aren’t.  District Attorneys should be honest and upfront with all interested parties instead of standing by a conviction for the sake of standing by the conviction. Justice is not served, when the wrong person is convicted.   As the Easter Holiday is celebrated, I hope people do some serious reflection.

March 24th, 2011- Year 14, click on this sentence for message.  

 Per usual, you can call the Mobile DA’s office at (251) 574-5000.  This case should be reopened and Rodney should be granted his freedom while awaiting the results.