Juan Jaimes #849741

Po1unsky Unit

3872 FM 350 South

Livingston TX 77351

 

Juan, Wilhelmina and Stormy

 

Back in 1987 while I was 17 years old in Amarillo, TX, I met a friend Reinaldo and his girlfriend Anita.  At the same time I also met Reinaldo’s sister Dora. 

 

In 1989 I lived with Reinaldo and Anita.  In 1990 I met Anita’s sister Wilhelmina and we started dating.  She was married and living in Snyder, TX, about a 4 hour drive from Amarillo.

 

In May 1991 she left her husband and she and her daughters, Viola and Stormy, moved in with Anita and Reinaldo.  A friend Jaseil and I lived next door.  Dora and Jaseil were going out together.  We all used to eat and drink together.  Soon after Wilhelmina moved in Anita and Dora started disliking her probably because Wilhelmina and I were dating.

 

In June 1991 Wilhelmina said that Dora stole some of her clothes and called that police, no one was arrested.

 

In July 1991 Wilhelmina, her daughters and I moved in together.  Anita and Reinaldo would visit us and we would visit them.

 

In August 1991 Anita told the police that Wilhelmina and I broke into her house, no one was arrested.

 

In January 1992 Anita and Dora told the police that I broke into Anita’s house and I was arrested.  I got out of jail on bond and got a court appointed lawyer.  He never talked to me or explained the charges to me.

 

On May 5th 1992 Anita told the police that I broke into her house again, I was not arrested.

 

On or about May 15th my lawyer called me to his office for the first time and just told me to be in court on May 18th.

 

On May 18th the lawyer told me to plead guilty on the January 1st charge and I would be placed on probation. I plead guilty as he advised and got 8 years probation for burglary of a habitation.

 

When Wilhelmina and I moved in together she told me that Viola’s father went to prison for raping his nephew.  Her ex-husband was charged with raping his daughters from a previous marriage who were living with them. 

 

In late 1992 we had an argument and I left the house and I don’t know who told the police that I kissed Viola on the ear but the police report said that the reason she said it was that I was mean to her mother.  I was not arrested.

 

In 1993 I stopped reporting to the probation officer because I felt that I was on probation for something I did not do.  Anita called the police to have me arrested for violation of my probation.  I was not sent to prison and continued my probation.

 

In January 1997 Wilhelmina planed to place Viola (then 13) in a girl’s town due to her bad behavior at home and at school.  After January she was suspended form school.  The teachers told Wilhelmina that Viola had mental problems and that she was acting bad and lying all of the time.  Viola was placed in a school for troubled kids and was suspended from there too.  She was then admitted to her original school.

 

One day Wilhelmina found a letter from Viola, probably to her boyfriend, asking him to come over and have sex with her.  On another day Stormy said she saw Viola with some boy in the back of the house.

 

About May 1997 Viola told her teachers that I raped her and Wilhelmina had beaten her with a clothes iron.  The teachers reported it to Child Protective Services and they sent investigators to the school to talk to Viola and the Teachers.  Later the same day the CPS and sheriff’s deputies came to the house and arrested both of us. 

 

Wilhelmina explained that she was lying to keep from being sent to Girls Town.  CPS continued their investigation and decided she was lying and no arrests were made.

 

One of Viola’s teachers brought her home and talked to Wilhelmina.  That same afternoon one of Wilhelmina’s friends picked Viola up to spend the night at her house in order to keep Wilhelmina from hurting her for what she did.

 

On July 1st Viola was supposed to go the Girl’s Town but she said that I raped her between 10 and 11AM.  She was taken to the hospital and examined.  The results were negative but I was arrested anyway.  The police took blood and hair samples from me, the clothes we wore and the sheets from the bed she said it happened on to the lab for DNA testing.

 

Viola was not sent to Girl’s Town.

 

A few days later a detective talked to Wilhelmina.  She said that he was mad but refused to tell me why.  She signed some papers asking the DA to dismiss the charges but he told her that it was too late and that they were going to continue with the case.

 

I hired a lawyer, Mr. Gregory Phifer, from Amarillo to investigate the case but he never came to the jail to talk to me.  

 

Wilhelmina told me that the DA called her, Viola and Stormy into the office to talk about the case.  She refused to tell me what they said but said that everything was going to be fine.  She did tell me that the DA was going to offer me an 8 year sentence for the January 1992 charge and this one.  She said he told her if I went to trail and was convicted I could get a 99 year sentence because there was no way that I could fight the system.  She also told me that the judges said he was going to send me to prison.  She tried to convince me to take the plea and that the DA said I could be out in 4 years.  She said if I plead guilty she will wait for me.  She also said I would plead guilty because I didn’t know how those folks were.

 

In February, 1998 the Lawyer called for the first time to talk about the case.  He asked me if I wanted to plead guilty and accept the 8 year sentence for both charges.  I told him that I would not plead guilty to something I did not do.  This was the first and last time he talked to me about the charge.

 

In April, 1998 the judge removed my lawyer from the case.

  

Around July 1998 I was taken in front of the judge and he asked me if I wanted to represent myself.  I told him that I was unable to represent myself so he appointed a lawyer, Mr. Van L. Williamson to my case. 

 

This lawyer talked to me and looked into my files.  He asked me why I stayed with those people.  He said that he could not represent me because he was the prosecutor on a misdemeanor charge in the past.

 

In August I got another court appointed lawyer.  On his first visit he asked me why I plead guilty to the 1992 charge and explained to me that I wasn’t supposed to be on probation.  He said he was going to ask for an independent doctor as an expert witness and a private investigator.  He said he was going to send the investigator to talk to me but he never came.

 

He came to see me two more times and on the third time he asked me to plead guilty and I would get 5 years.  He said he would be back before the trial and did not show.  He told me on one of his visits that Viola accused a neighbor of raping her and he was placed on probation.

 

Wilhelmina told me that she also accused another man of rape but I don’t know what happened in that case.

 

On October 27th I was given a one day trial.  They gave me dirty old clothes to wear at the trial and my hair was real long but they would not give me a haircut.  I asked Wilhelmina to tell the truth about everything but she said that she would not want to go to prison.  I don’t know why she told me that.

 

My lawyer used improper tactics and convinced me not to testify in my behalf.  Before the trial started he told me that judge didn’t let him present any records or evidence on my behalf.  He did not have the doctor, private investigator, the people and records from girl’s town, her school, CPS, or the neighbor.  I asked the judge to set the trial for another day because the lawyer did not bring any witnesses or evidence on my behalf but the judge said it was too late and too bad.  I asked the judge about my rights and he said that at that moment I had no more rights.  I asked about the investigator but the judge said he gave the case to an investigator but he had a murder case and could not investigate mine.  Parts of these statements are in the records but I think some were taken out.

 

Wilhelmina told me that she and the girls were not going to testify but they did.  Wilhelmina and Viola testified that July 1st was the day that she Viola was supposed to go to Girl’s Town and when Wilhelmina was asked about the CPS investigation in May that I was  not involved in that investigation.  Viola testified that on the morning of July 1st that she watched Montel Williams show about kids being raped and she said it happened to her.  She testified that between 10 and 11AM I inserted my penis inside her vagina and that I went in and out and that I ejaculated on one of her legs.  She said she felt great pain like when someone falls of the seat of a bicycle seat and hurts themselves on the metal pipe.  She said that after that happened and before she went to the hospital she didn’t clean or wash herself up and that she wore the same clothes. 

 

The nurse who performed the rape examination at about 11:49 AM testified that she examined Viola’s entire body looking for any DNA evidence.  She said she saw 2 small sores on her vagina and that they could have been caused by anything within 72 hours before the exam.  The nurse also said she didn’t find any DNA evidence on Viola’s body or mine.

 

Viola said it happened on the bed that Wilhelmina and I slept in.  At the trial the forensics testimony said that there were 2 stains of fluids on the sheets.  One stain was Wilhelmina’s and mine mixed together and the other was mine.  They found no DNA fluids from Viola.  They found no DNA from Viola on my clothes.  He found a blood stain form me and my hair on my clothes.

 

The prosecutor told the jury that the sores on Viola’s vagina and my fluids on the bed proved that I had sex with Viola.

 

My lawyer did not make the proper arguments in order to show the truth.  Before the trial he asked me if Viola was a virgin but he did not ask about it at the trial.  On that same day I was convicted and sentenced to 99 years in prison.

 

The judged revoked my probation on the earlier charge and sentenced me to another 20 years.

 

On November 14th I hired another lawyer, Mr. Jeff Blackburn to file my appeals.  For some reason the Mr. Williamson filed an appeal on the old charge.  In February 1999 he sent me a motion to sign that would dismiss the appeal.

 

In March my new lawyer had be brought back to jail from a prison Rosharon, TX.  This was the first time he was going to talk to me about the appeal.  He said he did not file the appeal because the trial judge was his friend and the judge told him that he did not want my lawyer to handle the appeal.  He tried to refund my money but I told him that I wanted him to continue with the appeal.  He then agreed to stay with the case and said he would represent me pro bono on the old case.  We went to a hearing where he asked the trial judge for permission to file the appeals.  I was then sent to the prison in Livingston TX.

 

On May 12, 1999 Mr. Blackburn filed a direct appeal in the Amarillo 7th court of appeals.  On May 19th he sent the warden a motion to dismiss the appeal of the oldest charge in order for the warden to obtain my signature on the motion.    He probably advised the officers to get my signature without reading it.  After that I asked Mr. Blackburn to send copies of all the records and to keep me informed about my appeals.  Never answered my letters or sent me copies of my records.

 

For various reasons I was unable to continue my appeals.  I don’t have any family in TX that would help me.  The person who could have helped me was Wilhelmina but for some reason she didn’t help me.  I haven’t heard from her since December 1999 when she wrote me and told me she got married.

 

Viola never went to Girls Town.  I read in the Amarillo paper in April 2005 that Wilhelmina was indicted for aggravated assault with a deadly weapon but I don’t know the end of it.  I wrote more letters to Mr. Blackburn and Mr. Williamson asking for copies of my records but they never answered my letters. In 2006 the Law University of Austin TX reviewed part of my records but were unable to help me.  I sent a letter to the NAACP Legal Defense fund and asked for help.  They have helped wrongfully convicted prisoners from Texas.  I haven’t heard from them yet.

 

Juan Jaimes

 

SCHOOL OF LAW/TEXAS CENTER FOR ACTUAL INNOCENCE

THE UNIVERSITY OF TEXAS AT AUSTIN

727 East Dean Keeton Street·

Austin, Texas 78705

TCAI@law.utexas.edu

 

December 21, 2006

 

TCAI #05-0329

 

Mr. Juan Barrueta Jaimes TDCJ # 849741

Po1unsky Unit

3872 FM 350 South

Livingston, TX 77351

 

Dear Mr. Barrueta:

 

The Texas Center for Actual Innocence (TCAI) has completed review of your file. This letter is to inform you that we cannot provide assistance with an actual innocence claim.

In order to bring a claim of actual innocence in Texas, there must be new evidence, not available at trial, which proves your innocence to a clear and convincing standard. New evidence means evidence that was not available at trial and was not considered by the court.

 

I understand that the state's case against you was largely circumstantial. However, a lack of evidence is not the same thing as new evidence that now proves innocence. To succeed on an actual innocence claim, we would have to prove your version of events by clear and convincing evidence to a court, and it is our opinion that there is no new evidence in your case that can meet this burden.

 

Our decision not to accept your case is not a comment your guilt or innocence. Rather, it is a determination of whether there is any way to prove that you are innocent. It is also not a comment on the merits of other possible grounds for a writ of habeas corpus or the availability of other legal remedies.

 

We wish you luck in pursuing your case.

 

Sincerely,

Student Attorney

Texas Center for Actual Innocence

 

In Texas you can not use the fact that your lawyer was incompetent or that there were serious flaws in your trial for an appeal. – Lee

 

Innocent in Prison