Justice for Officer McGowan

Date: January 9, 2011

Category: Justice

Region: United States of America

Target: Every US Citizen

FREE Officer Robert McGowan

Sign here to fight against the unjustified imprisonment of this innocent man and for all others, who may follow behind him.

The Federal Dist. Attorneys office does and HAS the means to prosecute anyone who they deem fit to make a mark on their resumes. The more political clout a prosecution can give them, the harder they fight for a win.

 By signing this petition, you will join us in demanding that Officer Robert McGowan be released on motion pending his valid and strong appeals (to better able fight against the federal government who have unlimited spending especially when it comes to prosecuting the innocent.)

 Also by signing, we are calling for McGowan’s appeals to be carefully looked at in order to allow him a fair trial in which every US citizen should be entitled to. At most, his case should be thrown out, at the least, he be allowed to have fair representation. Turning this so called case around would mean a break through in ceasing the federal government’s ease in prosecution of innocent US citizens and frivolous cases in the long run.

The explanation, below will give you some background as to why McGowan’s case is so VERY WRONG and a CORRUPT endeavor to incarcerate those who will “fit their profile.”

 Just a few reasons McGowan should NOT be serving time:

 1. Local agencies, like the Dept. of Corrections Office of Internal Affairs, the San. Bernardino Co. Dist. Attorney’s office and the CA State Dist Attorney’s office as headed by then Attorney General Jerry Brown, all found no evidence to the inmates’ claims.

 2. Inmate testimony, who are admitted perjurers, was taken as “golden” by the jury even when their stories were inconsistent.

 3. Robert’s defense attorneys were inexperienced with federal criminal cases and trials.

 4. Judge Real overturned the verdict as jurors chose to ignore supposed evidence from the inmates’ perjury.

 5. Jurors were not allowed to hear corroborating evidence by defense witnesses for Robert or allowed to take notes during the trial or listen to defendant character testimony.

 6. Witnesses for the prosecution, even two correctional officers, were the handoffs from officer McGowan and responsible for the inmates as McGowan brought each inmate out of the transporting van yet they claim there was “possible” harm done as McGowan assisted the inmates out.

 7. During the sentencing hearing, the judge, who did NOT preside over the trial, nor read the transcripts to its entirety, accepted accusations from the fed. Asst. Dist. Attorney that were merely hearsay from another inmate who was not involved in the proposed incident. Claims that McGowan was in affiliated with a gang and brought drugs into the prison and used drugs with this inmate were holey taken into account during sentencing! The 50+ friends, family and neighbors that wrote character letters for Rob were merely thumb flipped by the judge and tossed across his honor’s desk with no consideration what so ever.

 8. This judge commented at the hearing, by stating, ‘you will be an example and serve as a lesson for all correctional officers.’

 9. Officer McGowan has been assaulted THREE times throughout his eleven and a half year exemplary career during which did not keep him from responding heroically to an inmate in an emergency situation. McGowan aided a senior officer/Sgt. by taking control of the situation keeping fellow officers safe and saving an inmate’s life! He was nominated for a medal of valor but has not gotten the chance to receive this honor because of this truly unjust prosecution and sentence that was shockingly thrown at him June 2010.

 Background (Preamble):

In October of 2007, a unanimous 12 member jury from the Los Angeles Federal Court house ruled in favor for the federal prosecution against two CA State Correctional Peace Officers and their Sergeant. All three officers were charged for conspiracy and two counts of assault were charged on Officer McGowan. Court records show that at least one count of assault was not even directed by the alleged victim to Officer McGowan. Officer McGowan’s defense witnesses were not called to testify even though they were present throughout the entire trial, waiting to bear witness to the alleged attacks.

 The presiding trial judge was out of town at the time the jury’s verdict was read. Lawyers for the officers and Sergeant appealed the guilty verdicts in November 2007, the trial judge reversed all counts stating on the record that he did not find evidence to agree with the jury’s decision and that at best this should have been a case tried in the State’s courts.

 The following December, 2007, the federal prosecution appealed the acquittal only for Officer McGowan regarding the two counts of assault. The 9th Dist. Court of Appeals reversed the trial judge’s decision citing that it is not a judge’s decision or opinion where a trial should be heard.

 Lawyers for McGowan asked for the Supreme Court to grant a new trial citing the fact that the original trial judge was excluded from sentencing without legal reasons to do so. Another judge, whom did NOT hear the case, was assigned to sentence McGowan.

 The Supreme Court did not pick up the appeal and thus McGowan was sentenced on June 7th of 2010. A diligent and detailed report from the probation office concluded that McGowan should not receive more than 6 months of home detention with 3 yrs. of parole to follow. The federal prosecution, without showing evidence, proclaimed that McGowan was a drug dealer and user who brought drugs into the very prison he worked in and also did drugs with the Nazi Low-Rider who alleged this. McGowan’s Mexican-American wife sat in disbelief in the court room. Officer McGowan was never investigated nor asked to be drug tested during this presumed alleged claim. The sentencing judge gave McGowan the maximum sentence of 51 months with mandatory drug testing upon release in which he would have to pay for himself. Probation would follow. This is morally against the 8th amendment stating that excessive, cruel and unusual punishment should not be inflicted.

 Petition:

 We are requesting your signature in support of asking the United States Supreme Court to hear Robert McGowan’s case and grant him either a new and fair trail that would include his right to have witnesses testify on his behalf or nullify the entire bunk case in all. We are also asking that he be allowed to return home on bond while the appeals process is set in motion. He and his family have never been a flight risk nor have the financial means to even be considered at risk. McGowan has always been present at all previous court proceedings even those in which he was not required to be present.

 This request is equivalent to demanding the court to reinstate every US citizen's 6th amendment, the right to have a trial allowing and/or requiring it necessary for the obtaining of witnesses in his favor! This to include the right of every US citizen’s 8th amendment, the right to protection from excessive, cruel and unusual punishment!

 The appeals for a new trial, asking to have the excessive sentencing reduced or nullified and for a motion to allow McGowan to return home on bond while these appeals are waiting to be heard. Justice(s) will decide January 2011 as to whether McGowan will be allowed to return home to his young family while he is in the appeals process.

 We, the undersigned, STRONGLY AGREE that Robert McGowan should be granted his motion for release pending his appeals so he may fight for his justice at home with his family and that his appeals considered wholly and without bias or political motivation so that he may either be granted A NEW TRIAL or be given a FINAL ACQUITTAL by the Supreme Courts.

* Visit www.pacoVilla.com, www.GettinSkrewd.blogspot.com and www.CIMriders4ccpoa.com for more articles on Robert McGowan’s plight. Follow, blog, and comment to share your much needed support for this terrible injustice.

 Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

 Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. LMMc2010

PLEASE INCLUDE YOUR FULL NAME... it's possible that you may not be counted if your full name is not submitted. We will not solicit you. Also, we need each of you to sign your names separately, one signature will NOT count for two or more people in a group or family. If more than one family member is available to sign, please ask that they sign separately, each time.

This petition is not only for a wrongly accused Peace Officer and loving family man, but will also set the stage for the MANY innocent men and women that are serving time in the prison system, unjustly. It is our hope that once this case is reversed, it will make it that much more difficult for this to happen to someone else.

We thank you all. 

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