Tuesday, October 4, 2011

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