The First Step Act Still in Action?

 

Burks at his sister's wedding in LA at the time the murder happened in 1997.

The First Step Act created a more convenient pathway for prison inmates to be involved in programs made to prevent recidivism, as well as earn reductions in their prison sentences. In addition, the act reduced mandatory minimum sentences for non-violent drug offenders with the aim of accelerating the rehab of criminals, as well as improving their odds for success after being released. However, let’s talk today about two men who are currently fighting for their lives – Lamar Burks and Pervis Payne.

 

Lamar Burks’ murder conviction was back under review after a man admitted on camera that he was the shooter, not Lamar Burks who was not at the scene 22 years ago in Houston, TX.

 

According to news stories dated back in October 23 of 2019, a DEA agent who was convicted of perjury and one other man admitted on TV that he was the deadly shooter in 1997 resulted in a brand-new hearing on October 29 for Lamar Burks.

 

Burks already served nineteen years in prison for the murder that fresh evidence is proving he didn’t commit.  TransMedia Group is currently representing Burks as the PR company's founder Tom Madden believes that Burks is innocent deserves a hearing in the Court of Public Opinion.

 

The conviction of a previous DEA Agent raised new concerns regarding the decades-old case, according to investigative reporting by KPRC reporter Brandon Walker.

 

In 2000, Lamar was convicted of murder for the shooting fatality of Earl Perry.  Newly uncovered evidence, and recent allegations of coercion, has Burks' conviction under review.

 

What actually happened?

 

According to witnesses, a dice game resulted in gunfire and a commotion.

 

Lamar was charged in Earl's death and was tried then found guilty. Another male, Clayton Brown, was also found guilty. Clayton served a 5-year sentence.

 

Brown stated on a televised investigative report that he was the one who pulled the trigger that evening and Burks was not even present.

 

Therefore, nineteen years later, both Lewis and Brown have stated that Burks wasn’t the gunman, nor was he even at the scene. Burks maintained that he was in Opelousas, LA for his sister's wedding.  Telephone records and picture of Burks at his sister’s wedding corroborate that claim.

 

At the core of the investigation were Jack Schumacher and Chad Scott, two DEA agents.  In August of that year, a federal jury convicted Chad Scott on 7 counts. Scott was accused of falsifying government records, perjury, and obstruction of justice, among additional allegations. Charges derive from Chad’s work as a DEA agent in LA after being transferred out of Houston.

 

Burks' alleges Chad is guilty of the exact same in his case – and both Brown and Lewis allege Chad coerced them into giving false statements, according to court documents.

 

Image courtesy of Payne's family. Payne family: Carl, Bernice, Rolanda, Pervis, and Tyrasha. 

 

Another man fighting for his life, Pervis Payne’s story came to the forefront. Here is his story:

 

According to news stories, a death row inmate in Tennessee is fighting for his life. Payne’s defense team believes brand-new DNA evidence might clear his name.

 

However, the Shelby County DA requested that the court deny his request for DNA tests.

 

A jury convicted Payne for the ‘87 fatal stabbing of Millington mom Charisse Christopher and Lacie, her 2-year-old daughter. Christopher’s 3-year-old son Nicholas lived, but with several stab wounds. His execution is set for Dec. 3rd, 2020.

 

Amy Weirich, District Attorney, during a press conference, said that the evidence against Pervis speaks for itself.

 

According to Weirich, Payne was witnessed by officers running out from this apartment sweaty with blood. He places himself there, and his fingerprints were discovered inside the apartment. Payne’s hat was on a dead baby’s arm.

 

Pervis is represented by lawyers with the Innocence Project. Over 150 people were wrongly executed, and the Innocence Project has a 40%+ exonerated rate.

 

The Innocent Project filed a petition for DNA tests of a blood-stained pillow, sheets, and comforter, all of which was found by Payne’s lawyer in the clerk’s office.

 

However, District Attorney Weirich stated that this evidence is from a different murder which occurred in Memphis in ‘98, 10 years after Pervis Payne’s conviction.

 

Weirich adds that the property room made an error. Those items don’t have anything to do with Payne and shouldn’t have been exhibited as a part of the case.

 

In a statement to Kelley Henry of FOX13, one of Payne’s lawyers said District Attorney Weirich is incorrect to oppose any DNA testing. According to Henry’s statement, the authorities tampered with evidence at the scene of the crime. They moved the bodies of the victims. If the victim’s ex-husband’s DNA is discovered on any evidence piece, it’d exonerate Payne.

 

In addition, Payne’s defense team requested DNA tests of crime scene evidence, which includes a weapon, a tampon, and possibly a rape kit.

 

District Attorney Weirich stated this exact same request was made back in the year 2006 and courts denied it.

 

Weirich adds that the court stated in the 2006 opinion, let us assume for the sake of argument that the DNA tests would return, and they’d have someone else’s DNA on it? So? The state would still move forward with the prosecution of Payne because the proof of his guilt was so overwhelming and because somebody else’s DNA on a clothing piece does not mean anything, we do not know when that evidence was left behind – there isn’t any date stamp with DNA.

 

Payne’s lawyer said, in the same statement, on the law, that Weirich is relying on a case which was overruled by the Supreme Court in Tennessee in 2006. There isn’t any legal barrier to testing in Payne’s case.

 

The DA wants to deny the petition for tests without a hearing.

 

However, now it is up to a judge if they’ll decide if there’s a hearing or not. It also isn’t clear if Payne’s execution in December might be postponed by this process.

 

Kelley Henry, responding to Weirich’s motion, made this statement:

 

The DA is wrong to oppose DNA tests in Payne’s case. She’s incorrect on the law and the facts, alike. The DA’s assertion, on the facts, that the wrong evidence bag was given to Payne’s lawyers in December of 2019 brings up more concerns than answers. Placing the bedding aside, there’s abundant proof from the scene of the crime that definitively could prove that Pervis is innocent. In this case, there’s a lengthy line of incompetency, which leads to Pervis’s wrongful conviction. The authorities tampered with crime scene evidence. The police moved the bodies of the victims. If the DNA of the victim’s ex-husband is discovered on any evidence piece, it’d exonerate Payne. The District Attorney, on the law, is relying upon a case which was overruled by the Supreme Court of Tennessee in the year 2006. There isn’t any legal barrier to tests in Pervis’s case. The DA shouldn’t be citing overruled, out-of-date cases. It is more critical now more than ever that the case receive a complete hearing before the judge.

 

You can read more about Pervis Payne’s case here.

 

Open letters have been written

 

We need your help in getting our strategy considered and that our President and his close advisers can discuss what many feel is the right thing to do for Criminal Justice Reform and to save two African-American men's lives.

 

The positive news about a Presidential action would be very beneficial in gaining more support among many African Americans to support the re-election of Donald Trump.

 

As you read their stories above, we are asking you to get behind this plan to convince President Trump to ACT as literally one of these men's LIVES holds in the balance.

 

Criminal Reform Supported by New Journey

 

Our group, The New Journey Pac is one of America's leading Republican Conservative Afro-American groups in the USA. Our goal is to get more Afro-Americans to vote for President Trump and for other congressional Republicans in November.  The GOP must regain The House to de-throne her Majesty Nancy Pelosi. Plus keep the Senate and re-elect Donald Trump. 

 

We are the GOOD GUYS and we want to give hope and help to many less fortunate Blacks in poor areas by replacing the Democratic positions that have failed to fulfill their promises. Donald Trump has over delivered on his promises and that is why so many millions follow and support him. But he ONLY received 8%, yes only EIGHT PERCENT of the Black Vote in 2016. We aim to get that number MUCH, MUCH higher.

 

HOW...

 

Through EDUCATION and the power of their vote is what matters. That will enable things to change in their favor. Our website www.BlackCovid-19News.com  keeps up with why and how COVID-19 has had such a negative effect on the Black Nation and what they can do about protecting themselves.

 

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