Issues in Kwame 'Beans' Shakur’s Kriminal Konviction
Kwame 'Beans' Shakur Kriminal Kase Issues
On March 9th, 2011, over 3 dozen U.S Marshals, ATF, SWAT, Indiana State Police, Vigo Co. Sheriff, and Owen Co. Sheriff officers raided the home of Kwame Shakur's father. The home was raided just before 2 pm, however, the warrant was not signed by a judge until after 3 o'clock. Kwame was detained and escorted to the Terre Haute Police Dept. where he was held and questioned for nearly 11 hrs in relation to a double homicide.
With a lack of sufficient evidence to charge him with the murders, he should have been released until probable cause had been established. Instead, Indiana State Police got Chief Deputy Robert Roberts & Judge John Roach to sign a bogus warrant/States Petition To Revoke Formal Probation in order to further detain Kwame. The petition/warrant was not presented to Kwame for nearly 2 weeks after being held in the Vigo Co. Jail, at which time it was noted that the petition/warrant was not stamped with the Clerks Seal of the Courts.
Judge Roach instead wrote "Filed 3-9-11" in an ink pen at the top with his initials.The attached arrest warrant is also completely blank aside from a bond amount of $35,000 cash only and the judges signature. The Clerk, Patricia R. Mansard of Vigo Superior Court 1, did not sign her signature above her printed title. Also absent on the warrant is a day, month, year, time, or arresting officer. Without said signature from the Clerk as a witness and Seal of the Court, this warrant is therefore Void and illegitimate.
Once Kwame Shakur's family attained the counsel of attorney Jessie Cook to challenge the warrant and detainment, an immediate court date was set to demand his release. At this time after being illegally held for 33 days a warrant for Murder was issued out of Owen Co. and Kwame was transported to the Owen Co. Jail before the corruption could be exposed in an open court. At his arraignment on 4-13-11, an omnibus date was set for 6-24-11, meaning that no further charges related to the case could be filed after that time. Yet in September, 3 months past that date an additional charge of Life Without the Possibility of Parole was filed against him. Kwame and his public defender Laura Paul filed a motion requesting a Change of Venue, citing not only the high profile nature of the case in such a small rural area, but also that there was only one known African American household in the town of Spencer, making it impossible for Kwame to have a fair and impartial jury of his peers. The courts presented 3 options to the defense, which were 3 more racially segregated townships close by.
The courts alleged that the rules for a change of venue stipulated that the court would list 3 options and the prosecution would have the first option to strike away one of the 3 counties they disfavored, Kwame’s defense would be given the chance to strike the 2nd county, and the last remaining county would host the trial. Kwame argued that these options also violated his constitutional right to be judged by a jury of his peers.
At this time two of Kwame's co-defendants, and a confessed 3rd would be co-defendant were given Grants of Immunity, and released from jail in exchange for testimony against Kwame as the alleged shooter.
As trial came closer Kwame and his family were pressured by his public defender for him to sign an "open plea" of 45 to 130 years in exchange for a dismissal of the Life Without Parole charge. His attorney told him that they simply didn't have a chance of winning or receiving a fair and impartial jury in an all white town that had not been used to dealing with cases such as a double homicide in recent memory. However, had his attorney been sufficient in raising the omnibus date misconduct citing that the prosecution had passed it's time to file additional charges, the looming threat of Life in prison w/o the possibility of parole would have vanished and Kwame would have continued to pursue a trial by jury.
Despite being told by his attorney that signing a plea would eliminate the testimony of witnesses and co-defendants, Kwame was blindsided by a 2 day sentencing hearing that resembled a condensed version of trial. On top of hearing testimony from correctional officers from the Owen Co. Jail, co-defendants in the case, and Drug Task Force informants from Terre Haute who all took the stand, during the first day of sentencing it was alleged that Kwame spat in the face of an Owen Co. Sheriff’s deputy during a lunch recess in the courts parking lot. Having nothing to do with the murder case, or any prior notification to the courts or the defense, this Sheriff’s deputy was allowed to take the stand upon returning and testify along with other witnesses to describe the recent altercation as an "aggravating circumstance" in which it was said that Kwame alledgedly threw up a gang sign to supporters and called the sheriff’s deputy a cracker after spitting in his face. The judge and prosecutor then used this testimony when describing the aggravating circumstances to give him 110 years.
One must ask and question, when was the last time that a prosecution or defense has ever been able to pull a random witness from the crowd to take the stand on the day of sentencing who had no prior knowledge or involvement in the case? And being that the judge included the testimony of this individual in his sentencing judgement, how can it be said among many other things that Kwame received a fair and impartial sentencing or that his public defender provided sufficient counsel that did not affect the outcome of this case?
Kwame’s defense committee is currently raising money to help him get back in court on a post conviction relief appeal. You can help by donating to the NALC Freedom Fund, linked here. To get more involved in Kwame’s freedom campaign, you can join his defense committee by emailing kwameshakurdefense@protonmail.com.
