Free Johnnie Bunting from unlawful imprisonment
Johnnie Bunting is being held in prison unlawfully. Johnnie Bunting was denied a fair trial. Although some of the errors that were committed at the trial were legal technicalities that the average lay person would not be able to identify, they will be explained in plain language so that everyone who reads this may be able to understand. Johnnie Bunting and Dennis Jackson were indicted for second degree murder on June 13, 1989 for a crime that occurred on June 1, 1989. (See Exhibit 1, 3 pages) On July 31, 1989, Assistant District Attorney Risa S. Sugarman filed a notice of motion to Amend the indictment against Bunting and Jackson. This motion was filed before Judge Byrne. (Exhibit 2, 1 page). In the Affirmation in support of the motion to Amend the indictment, Risa S. Sugarman stated that a technical error had occurred, in which the phrase “in the County of the Bronx” was omitted from the face of the indictment. (Exhibit 3, 2 pages). According to New York State law, Criminal Procedure Law section 200.50(s) states that the indictment MUST state “WHERE” the alleged offence occurred. That type of error is called a PATENT DEFECT. A Patent defect can’t be amended. The only cure for the defect is to dismiss the indictment. Since the criminal procedure law on indictments is a common part of Jurisprudence, Risa S. Sugarman had to have known that the indictment couldn’t be amended. It is obvious that Risa S. Sugarman knew that, and attempted to circumvent New York’s rules on indictments, as Risa S. Sugarman filed the motion in front of Judge Byrne, who WAS NOT PRESIDING OVER Bunting’s case. Judge Byrne never ruled on the motion, so the indictment stayed defective. It is obvious that Risa S. Sugarman, who was the Bureau Chief at the time, and not prosecuting the case, didn’t want the case to get dismissed, as she did not want to have to put the witnesses in front of another Grand Jury. The main witness in the case, Judith Patricia Hearon, made a statement on June 1, 1989 to detectives Kennedy and Gallagher. Mrs. Hearon looked through a photo book and identified photo #2142 (Steven McCullough) as the man she saw with the knife. (Exhibit 4, 1 page); (Exhibit 5, 2 pages); (Exhibit 6, 2 pages). At the trial, she testified falsely, claiming that she didn’t identify anyone in the photo books. (Exhibit 7, 1 page); (Exhibit 8, 3 pages) On August 8, 2001, Mrs. Hearon provided Bunting with sworn affidavit, admitting that she positively identified Steven McCullough in the photo. She also stated that police detectives and the Assistant District Attorney urged her to lie on the stand. (Exhibit 9, 1 page). Another witness, Arthur Alston, was in police custody on June 6, 1989, and signed a statement. (Exhibit 10, 2 pages). On January 30, 1991, Mr. Alston signed two affidavits, swearing that he was coerced by the police and the A.D.A. to testify falsely against Bunting. On February 10, 1993, Mr. Alston gave a more complete and detailed affidavit, in which he swore that he last saw Bunting just after midnight (approximately 6 hours before the murder), when he registered and paid for a motel room for Bunting and a female and left in Bunting’s car with Jackson. ( Exhibit 11, 1 page); (Exhibit 12, 3 pages; (Exhibit 13, 3 pages). Despite the fact that both witnesses admitted that they testified falsely at Bunting’s trial, he was not granted a new trial by the courts. Bunting was also denied a fair trial by the court’s submission of an annotated verdict sheet to the jury. The error is a technical one that required an automatic new trial. Criminal Procedure Law section 310.20(2) governed the submission of the verdict sheets at trial, and at the time of Bunting’s trial, the submission of a verdict sheet with words in annotations under the charges were considered to be a denial of a fair trial, as the annotations would draw unnecessary attention to the charges, and would make the jury believe that the annotated charges held more importance than non-annotated charges. (Exhibit 14, 1 page). Because of the aforementioned errors and the perjury, Bunting is being held unlawfully and has been denies a fair trial. To add insult to injury, Mr. Bunting was sentenced to 20 years to life imprisonment and has been denied parole twice. If you feel that Mr. Bunting deserves a chance at freedom, please sign the petition and participate in the letter writing campaign for his release. Mr. Bunting is also an award-winning author. Krhyme Publishing, Inc. is putting forth a portion of the proceeds from the sale of Bunting’s books (Son of Solomon and Enterprise Corruption) to help Bunting’s efforts. So, if you choose to support Bunting by purchasing the books, the gesture will be greatly appreciated. A sample letter is posted along with addresses of Governor Cuomo, The Administrative Justice of the Bronx County Hall of justice, and Southport Correctional Facility; the three places that the letter writing campaign is directed towards. You may choose to put your name and address at the top of each letter and download them, then mail them as they are to the respective agencies, or you may wish to put in your own words. Whatever the case, all of the efforts are appreciated. Andrew Cuomo is the Governor of New York State. He has the power to give Mr. Bunting an Executive Pardon. The Administrative Justice of Bronx County is a Judge who has the power to dismiss the charge against Mr. Bunting. The Division of Parole has the power to release Mr. Bunting on parole.