There is a practice in the Commonwealth of Virginia that is being ignored or has gone unrecognized. The people that are responsible for upholding and protecting the Constitution have introduced a new system of law to obtain convictions. This practice is based on deceptive tactics such as: coercion, bribery, manipulation, and fraud. These tactics are all utilized to advance political careers and support a lavish lifestyle. The Commonwealth will go to any extreme to gain a conviction.
Citizens of Virginia should be aware that the judicial system of this state has even coerced people into pleading guilty to crimes they did not commit. Here is an example based on what happened to me: In 2005, I was arrested and indicted for first degree murder. While awaiting trial, the prosecutor offered me a plea, which I declined. Then in 2006, two days before my trial date, the prosecutor nolle prosequi (non-processed) the first degree murder charge and re-indicted me on a more serious charge, murder for hire, which is a capital offense punishable by death. My attorney, along with the prosecutor, conspired with one another to obtain a more lucrative conviction for the state. The summary of the facts presented by the prosecutor during my plea colloquy (plea hearing) did not support the statute of capital murder for hire (Va. Code § 18.2-31 subsection 2). My attorneys knew this, yet they still advised me to plead guilty in order to avoid the death penalty. The judge presiding over my case knew the facts presented did not constitute the charge of murder for hire. The prosecutor made it known on record, “that the victim was not the intended target.” According to Virginia law, it is unlawful to be convicted of capital murder for an unintended victim. See Jordan v. Commonwealth 29 Va. App. 322 (September 4, 2007). In that case the court held, “A charge of completed capital murder, like attempted capital murder, requires proof of a specific intent to kill the victim.”
Before accepting a plea of guilty, the judge must determine that there is a factual basis. See McCarthy v. U.S. 394 U.S. 459 (1969); see also Jones v. Commonwealth, 29 Va. App. 503 (1999). The judge’s duty is to determine that the conduct which the defendant admits constitutes the offense charged in the indictment of information or an offense included therein to which the defendant has pleaded guilty. Requiring this examination of the relation between the law and the acts, the defendant who is in the position of pleading voluntarily with the understanding of the nature of the charge, but without realizing that his conduct does not factually fall within the charge. Facts prove that I was fraudulently coerced into pleading guilty to a crime I did not commit. This fact makes my conviction and sentence null and void.
Stories like my own are examples of the gross miscarriage of justice that is created when officials manipulate the court system for their own personal gain. Commonwealth Attorneys as prosecutors often coerce or pay other felons or especially inmates awaiting trial for a felony to give false testimony and, in effect, solicit perjury. Usually this payment is in the form of a guarantee of reduced sentence or non-prosecution for the crime they committed. These facts illustrate the lengths the Commonwealth will go to gain more lucrative convictions. The public needs to be aware of this gross injustice. If you would like to more know about my story, I can be reached at: Jermaine Pickett #1191301, Red Onion State Prison, PO Box 970, Pound, VA 24279