Greg Curry's Case
This was taken over from the site Lucasvilleamnesty.org:
Greg Curry's Trial Transcripts
In these excerpts from Greg Curry’s trial transcripts, you can see Judge William Stapleton and Special Prosecutor Daniel Hogan assure the jury that any deals made with witnesses will be fully divulged.
One witness, Lou Jones repeatedly denies making any deals with anyone.
In his closing argument, Prosecutor Hogan tells the jury that it is illegal for him to conceal deals with witnesses from the defense attorneys.
Then... in an appeal brief, Prosecutor Hogan describes the deal given to Lou Jones, and concealed from defense attorneys and the jury.
I’m not a lawyer, but it sure looks like Hogan probably shouldn't have been allowed to be one either. Now he’s a judge.
Read the transcripts for yourself:
Case No. 94-CR279 Scioto County Common Pleas, OHIO Judge William Stapleton (visiting) JAN 23rd-28th, 1995
*FULL TEXT AVAILABLE*
Page 70-71 Judge Stapleton,: In addition, too, you ask the question, whether – in they are witness for the State of Ohio, whether they made any type of arrangement... That will be fully divulged to all of the jurors in this courtroom, and those are the only – those witnesses, that will be standard questioning in this courtroom. (emphasis added).
Page 812, Prosecutor Hogan direct examination of witness Lou Jones. (Only state witness not yet impeached)
Q. before you gave that statement, did anybody in that room threaten you?
A. No sir.
Q. Did anybody give you any oral promises?
A. No, sir.
Q. Were there any written promises given to you at that time?
A. No, sir.
Q. Were you aware that you could be indicted for aggravated murder?
A. Yes, sir.
Page 814, Lou Jones, continued:
Q. [Any deals] that you have, as well as your attorney may have, from the State of Ohio?
A. No, sir.
Q. With either Jim Canepa or myself?
A. No, sir.
Q. Any other prosecutor?
A. No, sir.
Q. Troopers?
A. No.
Page 815, Lou Jones, continued:
Q. At the third interview, were you threatened at all?
A. No, sir.
Q. Were any promises made?
A. No, sir.
Q. Since then have you been – are you still remaining at Lorain?
A. Yes, sir.
Page 822, Defense Attorney Tracy Hoover, cross-examination of Lou Jones:
Q. You still want to tell all these people that you haven’t made any type of deal with the government?
A. I can’t hear you.
Q. I said, do you still want to tell these people that you haven’t made any type of deal with the government?
A. I haven’t made no deal with nobody.
Page 1227, Closing arguments by prosecutor Hogan, speaking about Lou Jones:
He didn’t ask for a lawyer. He didn’t ask for any deals. He got it off his chest. And you heard the story. Was it consistent? Was it thorough? Was it accurate? Was it meaningful? Or was it just a bunch of acting? Ladies and gentlemen, he was totally affected by that, and in the second interview, he gave the named to the police. No deals. If there were any deals with Mr. Jones, written or orally, we, by law, have to give it to Mr. Hoover, so there are no deals.
Court of appeals, 4th Judicial District, case no 95 CA 2339.
Page 3, Prosecutors Hogan and Canepa, appeal brief:
As a result of risk and fear of reprisals, from both charged inmates and their friends and unhindered inmate to inmate access and harm, the State established safety measures for inmates at risk from harm. Further, Appellant’s co-conspirator, inmate Jones was not charged as a result of his coming forward, cooperating, and testifying regarding the formation, plan and conduct of the L-6 “death squad”.
---------------
We attach hereby this Case Law Case: Beckett v. Haviland, No. 02-3858, U.S. Court of Appeals for the sixth circuit (2003) as a reference that, in Greg's own words:
This case law rules, and is a continuation of court rulings back to the 1970s, the following; briefly the case says:
“When the State’s star witness is given a deal to testify and that deal isn’t disclosed, the only remedy is a new trial.”
Greg Curry's Trial Transcripts
In these excerpts from Greg Curry’s trial transcripts, you can see Judge William Stapleton and Special Prosecutor Daniel Hogan assure the jury that any deals made with witnesses will be fully divulged.
One witness, Lou Jones repeatedly denies making any deals with anyone.
In his closing argument, Prosecutor Hogan tells the jury that it is illegal for him to conceal deals with witnesses from the defense attorneys.
Then... in an appeal brief, Prosecutor Hogan describes the deal given to Lou Jones, and concealed from defense attorneys and the jury.
I’m not a lawyer, but it sure looks like Hogan probably shouldn't have been allowed to be one either. Now he’s a judge.
Read the transcripts for yourself:
Case No. 94-CR279 Scioto County Common Pleas, OHIO Judge William Stapleton (visiting) JAN 23rd-28th, 1995
*FULL TEXT AVAILABLE*
Page 70-71 Judge Stapleton,: In addition, too, you ask the question, whether – in they are witness for the State of Ohio, whether they made any type of arrangement... That will be fully divulged to all of the jurors in this courtroom, and those are the only – those witnesses, that will be standard questioning in this courtroom. (emphasis added).
Page 812, Prosecutor Hogan direct examination of witness Lou Jones. (Only state witness not yet impeached)
Q. before you gave that statement, did anybody in that room threaten you?
A. No sir.
Q. Did anybody give you any oral promises?
A. No, sir.
Q. Were there any written promises given to you at that time?
A. No, sir.
Q. Were you aware that you could be indicted for aggravated murder?
A. Yes, sir.
Page 814, Lou Jones, continued:
Q. [Any deals] that you have, as well as your attorney may have, from the State of Ohio?
A. No, sir.
Q. With either Jim Canepa or myself?
A. No, sir.
Q. Any other prosecutor?
A. No, sir.
Q. Troopers?
A. No.
Page 815, Lou Jones, continued:
Q. At the third interview, were you threatened at all?
A. No, sir.
Q. Were any promises made?
A. No, sir.
Q. Since then have you been – are you still remaining at Lorain?
A. Yes, sir.
Page 822, Defense Attorney Tracy Hoover, cross-examination of Lou Jones:
Q. You still want to tell all these people that you haven’t made any type of deal with the government?
A. I can’t hear you.
Q. I said, do you still want to tell these people that you haven’t made any type of deal with the government?
A. I haven’t made no deal with nobody.
Page 1227, Closing arguments by prosecutor Hogan, speaking about Lou Jones:
He didn’t ask for a lawyer. He didn’t ask for any deals. He got it off his chest. And you heard the story. Was it consistent? Was it thorough? Was it accurate? Was it meaningful? Or was it just a bunch of acting? Ladies and gentlemen, he was totally affected by that, and in the second interview, he gave the named to the police. No deals. If there were any deals with Mr. Jones, written or orally, we, by law, have to give it to Mr. Hoover, so there are no deals.
Court of appeals, 4th Judicial District, case no 95 CA 2339.
Page 3, Prosecutors Hogan and Canepa, appeal brief:
As a result of risk and fear of reprisals, from both charged inmates and their friends and unhindered inmate to inmate access and harm, the State established safety measures for inmates at risk from harm. Further, Appellant’s co-conspirator, inmate Jones was not charged as a result of his coming forward, cooperating, and testifying regarding the formation, plan and conduct of the L-6 “death squad”.
---------------
We attach hereby this Case Law Case: Beckett v. Haviland, No. 02-3858, U.S. Court of Appeals for the sixth circuit (2003) as a reference that, in Greg's own words:
This case law rules, and is a continuation of court rulings back to the 1970s, the following; briefly the case says:
“When the State’s star witness is given a deal to testify and that deal isn’t disclosed, the only remedy is a new trial.”
Document: Beckett v. Haviland
More on the lawsuits, court cases:
Staughton Lynd (2008): Napue nightmares: Perjured Testimony in Trials following the 1993 Lucasville, Ohio, Prison Uprising, in: Capital University Law Review vol. 36 nr 3, pp. 559-634, or here.
Other lawsuits, fights against harassment, abuses by Greg and others:
249 F.3d 493 (6th Cir. 2001)
Greg Curry, et al., Plaintiffs-Appellants,
v.
David Scott, et al., Defendants-Appellees.
No. 99-3474.
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Argued: March 6, 2000
Decided and Filed: April 30, 2001
2010 civil lawsuit:
Curry v. Ohio State Penitentiary, 2011-Ohio-2892: civil 1983 case that was decided in favor of Greg.
This is an article about his fight: Lucasville uprising prisoner fights back, By Sharon Danann, for Workers World. Published May 13, 2010
CURRY V. OHIO STATE PEN., UNPUBLISHED DECISION (4-9-2003)
More on the lawsuits, court cases:
Staughton Lynd (2008): Napue nightmares: Perjured Testimony in Trials following the 1993 Lucasville, Ohio, Prison Uprising, in: Capital University Law Review vol. 36 nr 3, pp. 559-634, or here.
Other lawsuits, fights against harassment, abuses by Greg and others:
249 F.3d 493 (6th Cir. 2001)
Greg Curry, et al., Plaintiffs-Appellants,
v.
David Scott, et al., Defendants-Appellees.
No. 99-3474.
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Argued: March 6, 2000
Decided and Filed: April 30, 2001
2010 civil lawsuit:
Curry v. Ohio State Penitentiary, 2011-Ohio-2892: civil 1983 case that was decided in favor of Greg.
This is an article about his fight: Lucasville uprising prisoner fights back, By Sharon Danann, for Workers World. Published May 13, 2010
CURRY V. OHIO STATE PEN., UNPUBLISHED DECISION (4-9-2003)
