In any court of law you have to be proven guilty first, before you are convicted of a crime. In 1997, Andrew Neely Jr. was not proven guilty of burglary and rape. In his trial, the DNA and physical evidence collected from the scene of the crime did not quite match the story of the alleged victim (who also gave different testimonies of what happen at the time of her interrogation by detectives and in the court trial in front of Judge and Jury). Andrew Neely Jr never confessed to burglary or rape. The purpose of this petition is to request that the State of Arkansas Board of Pardons and Parole conduct an evidentiary hearing in the matter that the testimony of the witnesses as it relates to the scientific evidence conducted in the crime investigation and the test results there from, can be given and presented fully and fairly to establish Neely's innocence. Also to disclose to the Defendant and the Court any and all other forms of evidence that were exculpatory in nature but were not disclosed to the defense during the course of Neely's trial. Neely also submits and contends that his jury trial was fundamentally unfair and his conviction for rape was a result of exculpatory evidence was not presented at the time of the trial due to Petitioner's not knowing of such evidence which he could not have discovered through exercise of due diligence. Neely submits and contends that once the new DNA/scientific evidence and all physical evidence retrieved from the scene of the crime, is developed and the expert testimony is given by those who conducts these test, the evidence will establish by overwhelming evidence that Neely is innocence of the crimes of rape and burglary. In this case Neely submits and contends that the real truth did not come out in his jury trial. It was assumed that Neely was guilty primarily based upon his alleged confession (in this confession he never admitted he committed the crimes) and the uncorroborated testimony of the alleged victim. A confession standing alone without evidence to show that a crime was committed is was not sufficient to convict Neely. No physical evidence gather by the police investigating the alleged rape and burglary corroborated either Neely's or the alleged victim statements or trial testimony. The fact is this physical evidence flatly rebutts this testimony of the alleged victim and the alleged confession of Neely. However, the fact that evidence for Neely jury trial was never presented in his defense shows unfairness and unjust, and does not prove he was guilty of any crimes. The State of Arkansas Board of Pardons and Paroles, the Pulaski County Courts must realize that an innocent man was convicted about 13 years ago for crimes he was not proven guilty of. By law you have the right to be proven guilty before you're convicted. Free Andrew Neely Jr., he is innocent!

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