Free Motion to Vacate (2255) - District Court of Arizona - Arizona

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Case 2:04-cr—OO358-DGC Document 132-2 Filed 10/O1/2007 Page 1 of 4

I Clifford C. Smith`swear under the threat of perjury that
_ l the foregoing is true.
‘ (l) That I have knowledge of the circumstances on the night
of the murder of Victor Villareal. l
A . I _ (2) That Mr. Lawrence Jackson was to have called upon me to
_ testify on his behalf.
- (3) That, I made this known to my attorney of record, Mr.
Michael Smith. ;
(Q) The case docket number is, Oé—CR—OO358 PHX-DGC, before
Judge Campbell. .
(5) That had l been called upon to testify for Mr. Lawrence
Jackson, l would have testified to the fact Mr. Lawrence Jackson g
- `had left the reservation housing unit prior to the murder occurring
and did not return until the following morning. Well after all
evidence of the crime had been cleaned away.
(6) l have positive and certain knowledge of these events as
I was convicted of this crime. _
(7) That I can more fully testify when I am called.
. (8) I further state that I am not being pressured in any
manner for this testimony and that all is true to the best of
my knowledge and will swear under oath that this fact.
yl (9) That this affidavit is true, correct, and submitted that
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FEDERALCDHRECT16NAL COMPLFXeVlCTORVIIIF.Cl t 9#*,l°¤.n\l~. F\
Case 2:04-cr—OO358-DGC Document 132-2 Filed 10/O1/2007 Page 2 of 4

LAWRENCE JACKSON'S AFFIDAVIT
J I, Lawrence Jackson, the movant in this action, declare, under
the penalty of perjury, that the following recitation of facts is
true as to the best of my recollection:
l. In the case docket number: O4-CR—0358—PNX—DGC, I was
appointed attorney of record John W. Rood III. Long
before trial I repeatedly requested Mr. Rood to inter-
view Clifford C. Smith in the hopes that he would
testify in my defense as an eyewitness who confessed
to the murder I was charged with and did not implicate
me in his confession.
2. Mr. Rood said that he could not lawfully interview
Smith without his attorney's consent. Mr. Rood said
that he would request an interview with Smith through
his court appointed lawyer of record Micheal Smith.
Mr. Rood said that Attorney Micheal Smith never re-
sponded to the requests.
3. I then told Mr. Rood to subpeona Clifford C. Smith as
a witness on my behalf but he obviously never did do it.
Up until the day of trial and during trial I still asked
Mr. Rood if he had contacted Clifford Smith.
4. I also constanly told Mr. Rood about alibi witnesses
Daniel Juan and Tracy Jackson. I told him to contact
them because they could support my defense that I was
in their presence at their residence at the time of
the alleged murder. I told him Juan's nickname "Monkey
Man". I gave him specific directions to their house and
Mr. Rood's investigator was able to locate the residence
from my directions. The investigator only spoke to the
baby sitter who told the investigator that Jackson and
Juan had gone inot town shopping. He stated he would
= return but he never did. The fact is he never directly
spoke to my alibi witness when I repeatedly requested
for Mr. Rood to contact my alibi witness long before
and up until the day of trial.
5. A few weeks after I was wrongfully convicted. Tribal
detectives investigating the case actually interviewed
Tracy Jackson as to my court testimony that I was in
her and Juan's presence the night in question, due to
the fact that they were investigating other possible
suspects that Vanessa Cross misleadingly testified to;
she confirmed my testimony to the tribal detectives.
6. Regarding jurisdiction, I persistently asked Mr. Rood
if it mattered that I was not an enrolled tribal member.
He said "No". I further asked why every count in the
indictment had "Indians" in quotations. He said it was
nothing and he never objected or disputed the legality
of jurisdiction.
Page l of 2.
t 132-2 Filed 10/O1/2007 Page 3 of 4
Case 2:04-cr—OO358-DGC Documen

` 7. I informed my appellate counsel of record Florence
. Bremmer of the jurisdiction issue and she informed
me in writing that if all else failed in appellate
court I could then use the issue on § 2255 motion.
Therefore, she failed to brief the issue for app-
ellate review.
8. Regarding "unkown/untested DNA on the weapon the
government alleged was used in criminal incident. I
told Mr. Rood to definitely have it tested with my
DNA and or fingerprints, because it would prove that
I never did wield the 9 MM pistol to inflict pain on
the victim. Mr. Rood informed me that there was two
. DNA's found on the gun. One definitively belonged to
the victim and the other was not identifyed. Mr Rood
told me that the government would not pay for a DNA
test. He asked me if I had money to pay for the test.
Of course, I told him I did not have money to pay for
the tests.
9. I Also informed my appellate counsel about the DNA
issue but just as the jurisdiction issue they suggest
_ I raise it on § 2255 motion.
Executed on this img day of j5;;y+&h¤§]€yr , 2007Q
By T"? ·'J-[/’, ";,»*r
Egwngnce Jackson
# 5Q—{l6~ou@
U.S. Penitentiary Pollock
P.O. Box 2099
Pollock, Louisiana 71467
Page 2 of 2.
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Case 2:04-cr-00358-DGC

Document 132-2

Filed 10/01/2007

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Case 2:04-cr-00358-DGC

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Case 2:04-cr-00358-DGC

Document 132-2

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Case 2:04-cr-00358-DGC

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