Guernsey County Courthouse Cambridge Ohio (Photo credit: Wikipedia)
Guernsey County Courthouse Cambridge Ohio (Photo credit: Wikipedia)
DONALD GLENN’S STATEMENT OF INNOCENCE
October, 2011 / January, 2013
My name’s Donald Glenn. I’m an elderly prisoner now. I’m being illegally and wrongly imprisoned in the State of Ohio, USA. I need your help and support, to correct this injustice and seek my release from this false imprisonment. In 1984 I was steadily employed with the Anchor Hocking/ Pheonix Glass Company. I was married. I lived in East Liverpool, Ohio. I was buying and renovating property. I was, and am, a friendly, honest, good-natured person. I was a law-abiding, productive, and responsible tax-paying citizen. All of this changed in May 1984 (These and other true facts were deliberately ignored, and covered-up at my trial by court officers and others)
In May 1984, while I was driving home from work one afternoon, a careless driver crossed over into my lane of travel, and caused a very serious four car accident. The police cited the careless driver for causing the accident. People were injured and cars were damaged. My car was a total loss. Unknown at the time, I had been seriously injured in the accident. Within a few weeks after the accident I began having serious mental problems. Unknown at the time, as the days, weeks, and months went by after the accident my mental state grew worse and worse. I could no longer take care of myself or my responsibilities. I became mentally insane.
In August 19 94, just a few months after the accident, while mentally insane, I was involved in a shooting incident with city police in Cambridge, Ohio. The police who were involved strongly provoked a deadly shooting confrontation. While insane, in efforts to protect myself, one officer, Jerry Dragosin, was shot and killed. A second off-duty officer, Eugene Woody, was shot and wounded. I was later shot and wounded by other police. At the time I was traveling Interstate 70. I wasn’t living in this area. I did not know these people. This wasn’t a hate crime. The police who were involved in this shooting strongly provoked me into using deadly force (These and other true facts were deliberately ignored, and covered up at my trial by court officers and others). The truth is, if I would have been mentally sane, I wouldn’t have been in Cambridge, Ohio, and this senseless tragedy wouldn’t have happened.
I was arrested and charged with aggravated murder, and attempted aggravated murder (Case No. 9729). At the time of my arrest the police assaulted and brutalized me, and then deliberately covered-up their misconduct. More than one year later my trial was held. From September thru November 1985 my capital trial was held in the Guernsey County Court of Common Pleas, Cambridge, Ohio. This unfair trial was held before a biased three-judge panel. The three judges were Presiding Judge Henderson, Judge Hixson, and Judge Laughlin. The judges were all from the same small prejudicial area, where the shooting happened. The news media extensively covered this case. My case was already decided by the judges, and others before the trial began. My trial was a mockery of justice.
Before and during the trial there were numerous court-appointed reputable psychiatric experts, that conducted extensive, independent examinations, filed their reports and notified the judges, prosecutors, and defense attorneys that I was not legally sane at the time of the alleged crime.
The court officers, that is, judges, prosecutors, and defense, deliberately ignored this extensive evidence, that I wasn’t legally sane, and proceeded to trial anyway. Under Ohio law, the judges were, and are, under an affirmative or sworn duty, to protect my rights, follow and uphold the law, and enter a judgment of acquittal, that is, a finding of not guilty, and not guilty by reason of insanity.
See: CR.R.29; STATE V. STATEN, 18 OHIO ST.2D 13, 247 N.E.2D 293 (1969),SYLLBUS 1.
The extensive psychiatric evidence, layman and expert, not only met, but exceeded the standard for legal insanity. Under Ohio law, I was, and am, legally innocent of committing the alleged crime. The judges abused their discretion, deliberately turned a blind eye to the truth, of the fact that I was not legally sane. Instead, they entered guilty verdicts on all charges, and imposed maximum convictions and sentences in this case.
In November 1985, at the sentencing, the judges imposed the maximum sentences of death for alleged aggravated murder; ten to twenty-five yearsfor alleged attempted aggravated murder; and a three years mandatory sentence. All sentences running consecutively. In February 1987, on mandatory appeal, the Court of Appeals, Fifth Appellate District, reviewed this case, held that I had “lacked substantial capacity” (not legally sane) at the time of this alleged crime, vacated the sentence of death, but arbitrarily upheld the convictions, and remanded the case for resentencing. The Court of Appeals abused their discretion, by upholding the convictions. Under Ohio law, the court was, and is, under an affirmative or sworn duty, to protect my rights, to follow and uphold the law, and vacated the convictions because I was not legally sane at the time of this alleged crime.
See: CRIM.R.29;STATE V. STATEN, SUPRA: STATE V. GLENN, 1987WL7163 (OHIO APP.5 DIST.).
In July 1987 the trial court resentenced me. The judges again imposed the maximum sentences, of thirty full years to life for alleged aggravated murder; ten to twenty-five years for alleged attempted aggravated murder; and a three year mandatory sentence. All sentences running consecutively. A mandatory appeal was filed in the Ohio Supreme Court; however, the Court of Appeals opinion was upheld. There were no further appeals filed due to lack of funds. I have now been falsely imprisoned, for more than twenty-seven years. My parole board hearing date is in July 2024 … It has been more than twenty-seven years now, and these court officers and others are still covering-up, and hiding all of their corruption, and lies that led to these convictions and sentences in this case.
I need your help support to correct this foul injustice, and seek my release.
Why I’m illegally imprisoned?
I’m illegally imprisoned because of a number of Constitutional rights violations, that operated and denied me a fundamentally fair, and impartial trial and appeal in this case. One of the major errors deals with prosecutor misconduct: At trial, the prosecutors and some of their key witnesses knowingly used a false case against me, to underhandedly obtain the maximum convictions and sentences. False evidence was knowingly and intentionally used about what honestly happened before, during, and after this alleged crime. They deliberately falsified specific allegations and facts in efforts, to prove the specific elements of the alleged charges. Court-appointed defense attorneys made little, if any, effort to seek the truth, and/or defend me against the prosecutors’ false case. The prosecutors’ theory of the case was, and is, deliberately fabricated and patently false. The prosecutors have a reckless disregard for the truth in this case. The judgments of the trial and appeal courts are based upon false allegations, and facts presented by the prosecutors. I now have additional evidence to prove, that the prosecutors knowingly and intentionally used a false case against me. In this case, the prosecutors were R. Scott and C. Keith Plummer. Several of the prosecutor’s key witnesses were Eugene Woody; Rebecca (Becky) knight; Linda Edie; Jose Mendoza; and Richard Dorsey. The defense attorneys were Lewis M. Tingle and Craig Stephens.
Why I’m wrongly imprisoned? I’m wrongly imprisoned because the credible, extensive, and honest evidence proves that I was not legally sane at the time of this alleged crime. Under Ohio law, I’m legally innocent. Before and during the trial, there were numerous court-appointed forensic psychiatric experts, that conducted there own seperate examinations, to determine my state of mind at the time of this alleged crime. Not less than six reputable psychiatric experts filed their written reports with the trial court, and testified extensively at the trial, that I wasn’t legally sane at the time of this alleged crime. The trial court’s own selected experts concluded, that I wasn’t legally sane. See: Dr. Solomon,T.at 632; Dr. Resnick, T.at 807.The prosecutors own selected expert concluded, that I wasn’t legally sane.
See: Dr. Litvak, T.at 717
The defense attorneys own selected experts concluded, that I wasn’t legally sane.
See: Dr. Hewitt, Exhibit #1; Dr. Himmelhoch, Exhibit #2; and Dr.Bertschinger, T.at 1395-1396.
The credible, extensive, and honest evidence, both layman and expert, in this case clearly proved by a preponderance of the evidence, that I wasn’t legally sane at the time of this alleged crime. Under Ohio law, the trial and appeal courts were, and are, under an affirmative or sworn duty, to protect my rights, follow and uphold the law, and enter a judgment of acquittal, that is, not guilty, and not guilty by reason of insanity.
See CRIM.R.29; STATE V. STATEN, SUPRA: O.R.C.§2945.40 (1985)
Simply put, the evidence in this case not only met, but exceeded the Ohio standard for legal insanity, and proved above and beyond, that I wasn’t legally sane at the time of this alleged crime.
See: STATE V. STATEN, SUPRA
Both the trial and appeal courts deliberately ignored their duties, and their responsibilities and failed to apply the overwhelming evidence and law, and enter a judgment of acquittal in this case. I now have additional evidence to prove judicial misconduct, and that I wasn’t legally sane at the time of this alleged crime.
The alleged aggravated murder, and attempted aggravated murder at issue here are allegedly the product of the specific elements of (1) purposely, (2) prior calculation and design, and (3) cause another’s death.
The Ohio courts have repeatedly held, that the culpable mental state (mens rea) for these types of crimes, in plain terms, is the degree of intent involved.
See: O.R.C.§2901.21 and O.R.C.§2901.22
In this case, the Court of Appeals held that” AT THE TIME OF THIS OFFENSE, DONALD M. GLENN, BECAUSE OF A MENTAL DISEASE OR DEFECT … LACKED SUBSTANTIAL CAPACITY TO APPRECIATE THE CRIMINALITY OF HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF THE LAW:’
See: STATE V. GLENN, SUPRA
The court held, in effect, that I wasn’t legally sane. Under Ohio law, the court held, in effect, that I didn’t have the required degree of intent, culpable mental element, to commit these type of crimes. The court held, in effect, that the prosecutors failed to meet its burden of proof on all of the required elements.
See: O.R.C.§2901.05;IN RE WINSHIP, 397 U.S. 358, 90 S.CT, 1068 (1970)
Under Ohio and USA laws, I’m not guilty of these type of crimes. I’m legally innocent. The convictions and sentences must be vacated in this case.
It’s no secret. There’s something very wrong with the criminal justice system in Ohio, USA. Here in Ohio, some of the people are beginning to wake up to the truth. No one seems to know how to fix the problem. Here’s an intelligent idea. Get all of the corrupt and dishonest judges, prosecutors, attorneys, police, informants, snitches, and the like out of the system. Such corrupt and dishonest people should be disciplined; however, this doesn’t often happen. They’re mostly immune. These immunity laws need to be changed. It can be done, and such public officials and others can be held accountable, and responsible for their corrupt and dishonest practices. Criminal charges can be filed against them, and they can be prosecuted for their corrupt and dishonest actions and inactions. The problem’s so widespread here in Ohio, that former Attorney General Jim Petro and his wife Nancy have written a book, False Justice. They have become involved in the “search for truth” in the criminal justice system. I need their help and support in my own case …
Thank you for your time in this important matter. Additional information is available upon request. Under imprisonment, I don’t have the funds for a private attorney, or investigator, or other experts to correct this injustice. If there’s something you can do, or somebody you may know, that can help to correct this injustice, please contact me at the address provided below. If you would like to offer your help and support, or would like to donate funds for legal expenses (money orders only, and payable to the address provided below), please contact me at the address provided below. Again, thank you.
Donald M. Glenn [#187675]
Trumbull Correctional Institution
5701 Burnett Road -
P.O. Box 901 Leavittsburg, Ohio 44430
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