No Just in Justice!!

Ok, so this is my very first official blog, and to have to follow Kay will in itself, be a challenge!  But I'll try!
Many of you already know me, we've become very close.  Though I've never seen many of your faces, I know you, and I know how lucky I am to call you friend and fellow crusader!! 
I'm Rodney Lincoln's niece.  Whether by blood, or by marriage, it doesn't matter. He's my uncle and I love him just the same!!
This is my own person experience of dealing with Rodney's arrest and conviction.

I first met my husband John in 1976 and we were married in 1979.  By then, I already knew his family well.  We visited his grandma often and Rodney lived with her.  His life seemed like any one elses, he worked, had a girlfriend, spent time with his kids, and was there for his mom. 
So, on May 23, 1982, when he was first arrested for the murder of Joann Tate, I, like the rest of the family, was in total disbelief.   We reasoned that it was because of his previous conviction and the fact he knew Miss Tate.  He'd be subjected to routine questions and then be released. After all the job of the police and the state was to find who committed this horrible crime.  They didn't want to send an innocent man to jail for a crime he had nothing to do with!  Right?? Wrong !!

The day Rodney was indicted was the beginning of the end of my Blind Faith in the "Justice" system, and it was Crushing!!

My father-in-law, Bob Lincoln, Rodney's older brother, retained the best criminal attorney he could afford, Robert (Bob) Hampey.  Hampey came with a $70,000 price tag, but he was know around the jail to be good with an impressive track record.
My very first impression of Hampey was he was cocky, very good looking, and very well dressed. He wore taps on his very expensive shoes so everyone could hear him coming down the courthouse hall!  He liked that!  I could also tell he was very driven!
Hampey's team consisted of two law students from Slu(St. Louis University), no doubt top of their class. Michael did all the leg work, photographing, and checking things out.  Lisa was rarely not at Hampey's side, she was a wealth of information.  I really enjoyed talking to her!
Once Rodney was arrested it became clear the police were no longer looking at other viable, even more probable suspects!  They were provided information which pointed in a different direction other than Rodney, but NEVER followed up on them! 

 Hampey and his team began their own investigation,   They uncovered suspects complete with motive and opportunity.  Even the victim's own diary pointed to several people who she had issue with or they with her, some even threatened her, but none being Rodney Lincoln!  Her one mention of Rodney she enters about a year, maybe a year and a half prior to her death. She simply says that he is a nice guy.  And to the best of my memory, she never mentions him again, that being because they NEVER saw each other again!  So, I was feeling confident that this nightmare would end for Rodney.  The truth would come out.  The Truth can't be denied or suppressed! Could it?  I really believed in the fairtale that the Truth would Prevail!!

Weeks before the trial I made sure I arranged for my niece to watch my two year old daughter, Shannon.  I couldn't risk not being able to be there!
On the day the trial began, I arrived at the Federal Court Bldg in downtown St. Louis, with my husband, John, my father-in-law, Bob, and Bob and Rodney's mother, Mary, and Rodney's girlfriend, Dianne. We sat on the right side, just behind Hampey, Lisa, and Rodney.  That would be our seat through out the trial.  Joann Tate's family was seated on the left side, in the back. 
During the initial formalities I was absorbing the atmosphere.  The defense table. The state's table. The Judge.  But I fixated mostly on the jury.  I studied their faces, trying to read them.  Watching them, watching Rodney.

Over the days that followed, I heard many Truths and many Lies, and I wondered what the jury would believe.  Many days I left the court room feeling fear for Rodney because I was beginning to see the tangled web!  I couldn't yet let myself believe they wanted the conviction more than they wanted the right person! 

As Hampey began to present his case I couldn't stop wondering if he felt the weight of Rodney's life on his shoulders?  I was impressed with both his style and his confidence.  Over the next three days, I slowly began feeling more confident, more hopeful.  Hampey was clearly raising doubt of Rodney's guilt.   I watched the jurors, unable to read them. 

After five days, the case was given to the jury.   During that time it was impossible to focus on anything else!  It was on the news and in the paper.  It was a very nerve racking time for the whole family! 
Though it seemsed forever,  the jury returned after one and a half days.  As we walked in the court room to hear the verdict, I felt very nervous, yet I felt Hampey clearly proved more than "reasonable doubt", so I felt optimistic too.
The Judge revealed that the jury could not reach a verdict, it was a "hung jury!"  My immediate feeling was relief.  Relief that they did see even doubt not to convict!!

Any relief was short lived as almost immediately the state annouced that they would retry Rodney!  So, on Oct. 5, 1982,  trial #2 began.    This time as  I entered the court room there was a feeling of cold familiarity. 

As soon as the state began to present their case, it became apparent they would stop at Nothing to get a conviction this time!!  I can almost remember the exact moment when any Faith or Trust I have left in the system was gone, depleted, dead!!  I believe that moment came when the state introduced into evidence a ciggarette butt.  A butt that they claim came from the crime scene, which just happen to be of the same type Rodney smoked!  Where was this evidence in trial 1?  It didn't exist!  If it had they would have presented it!!  Hampey argued to that fact, but the judge allowed it, by now I wasn't surprised.  Disheartened, Appalled, Saddened. but no longer surprised. 

The change in the testimony of the daughter of the victim, was very apparent too.  In the beginning of the investigation young Melissa Davis was sure of two things, that the man who did this to her mother was named, Bill, and he lived in Illinois.  By now she is clearly set in her responses,  which had changed dramatically!   I watched the jury when she pointed to Rodney, and I knew they were feeling that childs pain and loss! They were thinking of all she had been through!  It was Chilling!

For the defense, the high point came when they called a witness by the name of Billy Hayes.  Billy did not testify in trial #1 because they could not locate him.  He was in a type of hiding, scared of what he knew, and who knew he knew it.. ( got that?)  This time Hampey pulled out all the stops to find him.  Billy was a very scared young man who had literally ran into a man the night of the murder, near the victims home, covered in blood!  He threatened Billy right there and then!  Since that time, He had been threatened not to testify.  He was brought to court under protection, though the state refused to provide protection, Hampey provided it.  Surprise, Surprise!!  His demeanor was clearly that of a very frightened person.  He testified with so much emotion and fear. He shared with the jury the death threats he'd received.  He was obviously telling the truth, he had Nothing to gain by lying, but feared for his life if he testified. 

The case went to the jury.  At home it was all over the news.  I kept my niece there so the minute they called, we could be back in the court room.  I had so much nervous energy.  John and I went over and over why we thought they had come back with a Not Guilty verdict.  We were driving ourselves nuts!!  Then came the call, the jury was back!  Wow, it had only been six hours!! What did that mean?? Good, Bad??  I think John's dad was at our house in ten minutes, he lived like 20 min, away! 

When we walked in to the court room I immediately felt so cold I was shivering.  It was a very errie feeling.  They brought Rodney into the courtroom, I locked eyes with him and tried my best to smile, but I could only imagine what he must have been feeling! 

As the judge began to read the verdict I grabbed onto John's arm.  I heard the word GUILTY!!    I felt my knees buckle under me.  I felt the tears welling up in my eyes.   All I could think to do was get the hell out of there!  I ran out in the the hall.  It was empty.  Just after me came a reporter from the Globe newspaper.   During the many recesses, during both trials, I had talked with him.  Just talked, never interviewed and nothing I said ever appeared in his articles.  He walked over to me as the tears flowed down my face, and quietly said he was sorry.  He said he wasn't all sure that they had got the right guy.  He told me his article that evening would reflect his doubt.  I thanked him and he walked away.

To this day, I can hear those words being said.  GUILTY! It's still sends chills through me!   For twenty eight years I felt all I could do for Rodney was visit him, write letters, and send pictures.  Once all his appeals were denied, I admit I didn't think Rodney would ever be a free man.  He would paid with his entire life for a crime he did not commit!! 

  But, today, thanks to Kay's relentless pursuit to get Midwest Innocence Project to take her dad's case, that's all changed!! Thank God!

Kay began FREE RODNEY LINCOLN several months ago to bring awareness and open peoples eye's to not only what happened to her dad at the hands of our so called, Justice system, but to thousands more! I truly had NO idea just how many "Rodney's" there are sitting in jail, doing time that is not theirs to do!

  I didn't know what I could contribute when she added me to the group, but today, it's at the top of my priority list!!  I am honored to be a part of all of it, of making people aware, and bringing about change!  Like many of you, I can't get enough posted and shared about Rodney, and the many others!

I still have NO Faith or Trust in the "J" system, but I know I will be a part of restoring peoples Faith in a system we can Trust again!  I will stand with all of you and do whatever I can to free the innocent and make our system Just!!

Your fellow crusader,

Sherry Quann Lincoln

Rodney Lincoln

This first story is the reason for my absolute passion for STOPPING THE MADNESS OF WRONGFUL CONVICTION!!!
In 1982 Rodney Lincoln was arrested for the gruesome murder of a woman he was acquainted with and the brutal attack of her two young daughters. There were many suspects to choose from. The surviving victims gave a name (Bill) for their attacker, said he lived in Illinois, and drove a taxi cab. None of this matched Rodney. The children were shown several photos of possible suspects, always in groups of 8 or more. They never identified anyone as being their attacker.


About a month after the murder the police sketch artist created a composite drawing of the suspect using very unconventional means. The little girl had mentioned several times that the attacker looked like a family friend but was not the man. The sketch artist started with a photograph of the man and made changes she suggested to make it look more like the attacker. This composite was released to the media and the brother and sister of the murdered woman contacted police and said that it resembled a man she knew named Rod. They found a listing for Rod in her phone book with a phone number and called him. This man readily admitted to knowing the victim and her children and that he had heard what happened to them. (It was all over the news.) Well, this conversation sealed his fate......


After they spoke with him and got his SSN and DOB they ran a record check on him and found he had a prior conviction for 2nd degree murder ten years before. The investigation all but stopped that day. They took a copy of Rodney's ten-year-old black and white mugshot and a color photo of a cousin of their older sister for the children to identify. The 7-year-old victim picked his picture and within two hours they had Rodney in a so-called line-up with three people all more than 15 years younger than him who looked nothing like him. The child was STRONGLY encouraged to pick someone and was told that if she did not pick the right man, the bad man would go free. Of course she picked him. She had just seen a picture of him 2 hours before, he was the only one who looked remotely like the sketch and she DID know him, but may not have remembered exactly from where. He and her mother had briefly dated the year before.


Rodney readily agreed to speak with them, go to the police station, answer all their questions, provide hair samples, submit to a body search and participate in a line-up because he had nothing to hide. Because of his willingness to help, he has not been a free man since May 23rd, 1982.


His first trial in August 1983 ended in a hung jury with a 7-5 split on the verdict. In a second trial in October, 1983 the state brought in more experts to testify that a critical hair at the scene was his. That trial ended in a conviction for manslaughter and two counts of 1st degree assault. He was sentenced to two life terms plus 15 years.




FAST FORWARD 20 YEARS!!

In June, 2003 the St. Louis Circuit attorney's office conducted a review of old cases to see if DNA could be used to prove innocence or guilt. Out of over 1400 cases reviewed, Rodney's was one of the six chosen. It was announced on the evening news, shocking and thrilling Rodney's family. A week later there was another news report. This time the now grown 7-year-old victim was protesting the review and making statements that certainly were based on her understanding of the truth but in reality were not accurate.
The circuit attorney's review that all interested parties were originally told would take a couple months stretched into ten months and then in April 2004 the circuit attorney's office closed the review without doing any testing. Their stance was that the only evidence that would provide conclusive proof of innocence or guilt was the fingernail scrapings that were taken from the victim and they said they could not find them. They did locate the hair that was so widely testified about at trial but they said it would not conclusively prove innocence or guilt so they refused to perform DNA testing on it.


During the ten months they were reviewing the case Rodney's family was able (after many obstacles) to obtain the line-up photo and police reports and purchase a copy of the trial transcripts from the second trial. (The first one was never transcribed by the court reporter even though  the fee was paid.)  By the time the circuit attorney's office concluded their case Rodney had a fierce advocate armed with a massive amount of information that had not been available to the family before the review. It was now clear that he was not only innocent but had been railroaded from the beginning.


The circuit attorney's office closed their case without doing any testing but Rodney's supporters promised them it was not over........


Searching for help Rodney's family contacted Steve Weinberg, a journalism professor at University of Missouri, Columbia and a very active warrior in the battle against wrongful conviction. He is also a free-lance journalist and a published author of several books and has served as director of IRE, Investigative Researchers and Editors. In 2003 Steve collaborated with another writer, a lawyer and a team of researchers from the Center for Public Integrity to publish Harmful Error, a book-length report on prosecutorial misconduct around the country.


After reviewing all the information sent to him Steve agreed that it looked like a case of an innocent man in prison and vowed that he would do what he could to help, with careful reminders that he doesn't know what the outcome will be and warning that it would be a long process. In January of 2005 Steve was teaching an investigative reporting class that focused on criminal justice and he chose  Rodney's case to be the one the class would investigate as their class project. The students were amazing and did an excellent job of uncovering even more information. Their investigation resulted in a feature article in the St. Louis Post Dispatch in October 2005.

Not too long after Steve Weinberg entered the investigation the family contacted Phil Gibson, an attorney who at the time, was affiliated with the Public Interest Litigation Clinic and serving as the Legal Director of the Midwest Innocence Project (MIP). After a short meeting during which Phil looked over some of the police reports and other documentation he decided that he thought the case was an excellent one for Steve's students to investigate and that he planned to ask the board of directors of MIP to accept the case.
That request was accepted and the lawyers and investigators have been working hard on his behalf ever since. There has been a number of changes in personnel there over the years. Some of the attorneys who have worked on his case have been Phil Gibson, assisted by law student Alisha Ohara, Byron Beck, Cheryl Pilate, Ken Blucker and Tiffany Murphy. The current cast of MIP includes Rafe Foreman and Laura O'Sullivan assisted by Robyn Goldberg and a staff of investigators. They have worked tirelessly for Rodney over the years and each person who has worked on the case has helped it to progress towards exoneration.
Most importantly, in January 2010 they finally got the circuit attorney's office to agree to DNA testing and in June, 2010 preliminary results were received followed by the final report in November 2010. While the fingernail scrapings (yes, they were eventually found in the evidence) did not yield testable DNA the hairs from the crime scene did. The pubic hair that was portrayed as his at trial IS NOT HIS! Not only that but another hair found on one of the victims also yielded a DNA profile that IS NOT HIS! Not only are these hairs not Rodney's, they also do not belong to any of the victims and in fact these two hairs yielded two different DNA profiles, mutually exclusive of each other.
Based on these exculpatory DNA results, MIP filed a motion to have him released in November, 2010. The circuit attorney's office, of course, opposed that motion. There have been a couple status hearings since then and an evidentiary hearing was scheduled for Mid-May but was postponed due to personnel changes at MIP and some other circumstances. In the meantime, MIP has continued to actively investigate every lead and piece of information they have related to this case. They continually discover new things that point to his innocence. This will hopefully be put into use very soon. The new hearing date has not been set but I will be waiting anxiously for that announcement.

Rodney's family has created a Facebook group to spread awareness about his story and to garner support. You can find their group here:

http://www.facebook.com/groups/FreeRodneyLincoln/

The other Facebook group you need to take a look at is this one that lists many different cases of wrongful conviction. It shares a name with this blog!

UNITED to STOP the MADNESS

http://www.facebook.com/groups/124106777690515/?id=128771967223996&notif_t=like


You might be wondering why I am so passionate about this case and about all the other families suffering this same daily struggle. I was only 13 years old in 1982 and probably would have never given this case a second thought even though it was all over the news, had there not been the extra piece of information not included in the article above. Rodney Lincoln is MY FATHER!!!!! He is innocent, yet has spent the last almost THIRTY YEARS behind bars while my brothers, sister and I have grown up and had lives of our own. We ranged in age from 10-16 when he was arrested. We are now all grandparents!!!!! Please take the time to visit his Facebook group and the other Facebook group I referenced above. That one has articles and links to not only my Dad's case but literally DOZENS of others facing the same daily struggle to free themselves from wrongful incarceration for crimes they DID NOT commit.
Please take the time to read about these cases and if they touch you the way I think they will, take a stand. Join the groups, offer your support, but most of all, spread the stories of what these people are going through. The more people that are aware of the problems in our broken judicial system, the more likely we are to find a solution to the problems.

                                   STOP THE MADNESS!!!!!