Pollock, Michael. “30 Inspiring Quotes to Help You Develop ...



Haylee H.ENG 220: Advanced WritingApril 9, 2017Ricky Kidd: Facts Confirmed and Justice DeservedFor millions of people around the world, Valentine’s Day is a day full of chocolate, flowers and time spent with their loved one. That is how father-to-be, Ricky Kidd, believed his day would unfold with his girlfriend, Monica Gray. Unfortunately, Kidd’s day was spent in a Kansas City, Missouri police department pleading his innocence. He was brought in as a lead suspect for a crime that was committed in Kansas City eight days previously (Gray). Although his past did not make him a perfect man, no one would have expected him to be convicted of anything so violent. With what he knew was a solid alibi, there was no way he committed this crime. Little did Ricky know, he would be found guilty; he has been pleading his innocence for the last twenty-one years. The exoneration and release of Ricky Kidd is deserving after learning the details of the crime, in addition to strict laws and a series of errors during his case, which make his innocence undeniable. On February 6, 1996, Kansas City police responded to a call that changed many lives. Police responded to a call at the home of George Bryant on Monroe Avenue in Kansas City, Missouri. It was there that they found the body of Bryant and his friend Oscar Bridges, who was helping Bryant remodel his kitchen, shot and deceased (Missouri vs. Merrill). The Midwest Innocence Project, a corporation dedicated to investigating and releasing innocent imprisoned men and women, stated, “Bridges [was found] in the basement and Bryant in the street outside his home” (“Ricky Kidd”). Bridges was found with his mouth, hands, and ankles wrapped in duct tape (Missouri vs. Merrill). Also in the home was Bryant’s four-year-old daughter, Kayla, who was found by police “alive in a closet” (“Ricky Kidd”). It was Kayla who supplied much of the story of the crime. She claimed that a white car pulled up to her home and after telling her father, he opened the garage door. The two men, Bryant, and Bridges all proceeded to go into the kitchen. There was a brief conversation and the two men pulled out guns. Kayla told police that one shot was fired in the kitchen, and upon looking in, “her father was lying on the ground”. One of the men then chased Bridges into the basement where he shot and killed him, and the other man shot Bryant. The two men went through “George's pockets and the kitchen cabinets”, as if they were looking for something (Missouri vs. Merrill). Bryant managed to get outside where his neighbor, Richard Harris, who was walking by heard his calls for help. Harris claimed to see one of the men come out of the house and drag Bryant behind a car. He then saw another man come out, and shoot at Bryant twice with a gold .45 caliber handgun. His last claim was that the first man started to come after him, but he was able to get away (Missouri vs. Kidd). The crime committed would not only change the lives of the victims, but for others as well, including Ricky Kidd. A phone call was all it took for Ricky to become a suspect in the two murders. “Ricky became the lead suspect in the case after an anonymous tip came in naming him as one of the killers,” says the Midwest Innocence Project (“Ricky Kidd”). Fortunately, Ricky had what he believed to be an indisputable alibi; there was proof of his whereabouts during the times of the murders. Kayla Bryant, one of the victim’s daughter, as well as Richard Harris, the neighbor, both identified Kidd in a video line-up as one of the two men that committed the murders (Missouri vs. Kidd). Even with testifying witnesses of Kidd’s whereabouts that day, Ricky Kidd lost his court case and was found guilty on two counts of first degree murder. He was sentenced to life in prison without parole on March 27, 1997 (Gray).Life for Ricky since his sentencing has been a rollercoaster, but he is making the best of it. For Ricky, being incarcerated at different correctional centers has given him a lot of time to himself. While in prison, he has written fifteen different pieces of literature including plays, movie screen plays, novels, poetry, and others. He has also completed many different training and educational classes that the correctional center offers. Some of them include Cultural Diversity Training and Sensitivity, a Youth Enlightenment Program, a Parole Planning Program, and Employability Skills/Like Skills Training. He is in a position that others may compare to Hell, but he is trying to make the best of it. “To create a path similar that my daughters would be proud of” is number six of ten statement on Ricky’s personal life constitution (“Ricky’s”). Currently, Ricky is striving to make his life as fulfilling as possible at the Southeast Correctional Center in Charleston, Missouri (“Contact”). A series of errors, as well as strict laws, both played a crucial role in the conviction of Ricky Kidd. Ricky had an alibi that no one could argue with for his whereabouts on the day of the murders. The previous night, Ricky’s sister, Nechelle, and her son stayed at Ricky’s home due to an altercation between Nechelle and her roommate. The next morning, Nechelle drove her brother’s black 1993 Toyota Corolla to her job at DST Mutual Funds. That morning, Ricky and his mother’s fiancé jumped his 1981 Oldsmobile Delta 88, which he hardly used because it was unreliable. He then drove with his girlfriend, Monica Gray, and his nephew to pick up his keys from Nechelle. Alana Wesley, a co-worker of Nechelle, witnessed Ricky “collect the keys from his sister around 11:00 or 11:30 a.m.” Ricky drove the Oldsmobile and Ms. Gray drove the Corolla; they both drove back to Ricky’s home where they then left again. This time, however, they drove to the Jackson County Sheriff’s Office at Lake Jacomo. It was here that Ricky “filled out an application for a gun permit… [In a court hearing,] Sergeant Tim Buffalow identified a copy of the application, signed by Mr. Kidd and dated February 6, 1996. Computer files show that a criminal record check was run on Mr. Kidd at 1:37 p.m. that same day” (Kidd vs. Norman, Petition). After he dropped off his handgun permit application, “Kidd says he made a phone call to his former girlfriend [Kelly McGill who lived in Blue Springs, Missouri] from a public pay phone near the Jackson County Sheriff's office” (Kidd vs. Norman, Appeal). After the call, Ricky, his girlfriend, and his nephew went to Ricky’s ex-girlfriend’s house for an hour so he could see his daughter. They then went to get Nechelle from work, and Ricky and his sister proceeded to go to their grandmother’s house (Kidd vs. Norman, Brief). There were no faults in Ricky’s alibi; he could not have murdered the two victims. Evidence supporting Ricky’s alibi was unfortunately not further investigated or obtained by his attorney during his trial, which was the first error in his conviction. Ricky’s attorney first failed to obtain video evidence of Ricky’s location at 11:00 on February 6. In his appeal trial in 2011, it was stated that, “Video monitors near his sister's place of employment may have confirmed he was in downtown Kansas City at 11:00 am on the day of the shootings.” (Kidd vs. Norman, Appeal). The next error in confirming his alibi was during one of his trials; Sergeant Tim Buffalow, the Sergeant at the Jackson County police department “testified that Mr. Kidd’s application could have been received on February 5, 1996.” After further investigation into Ricky’s alibi, it was determined the Sergeant Buffalow was not even at the station at the time that Ricky was there. Deputy Susan Jordan, a deputy at the Jackson county police station, was in fact the officer who assisted Ricky that day. Her badge number, 937, was on Ricky’s application as well as on the background check run on him that day. During another trial for Ricky, it was stated that “Deputy Jordan’s testimony substantiated Mr. Kidd’s and Ms. Gray’s testimony that they were on their way to Lake Jacomo when George Bryant and Oscar Bridges were killed” (Kidd vs. Norman, Petition). After his stop at the police station, he made the phone call to his ex-girlfriend on a payphone near the station (Kidd vs. Norman, Appeal). Obtaining the phone records from this time could have been another piece of evidence that would prove Ricky’s innocence. Unfortunately, all of this evidence was obtainable during Ricky’s very first trial. Under certain laws, evidence that was able to be presented at the very first trial proving innocence is practically disregarded in later appeal cases because it is not new evidence (Kidd vs. Norman, Brief). Therefore, Ricky remains incarcerated even though his alibi checks out in every way. In most cases, a confession from the real perpetrator is all it takes to prove one’s innocence, but this is not the case for Ricky. Marcus Merrill, who was sentenced to life in prison in conjunction with Ricky, confessed to the murders of George Bryant and Oscar Bridges. He admitted committing the murders with Gary Goodspeed Sr. and Gary Goodspeed Jr. during an attempt to rob Bryant’s house for drugs and money (Kidd vs. Norman, Petition). Merrill had traveled with the Goodspeed’s from Georgia to Kansas City just days before the murders. He gave a detailed description of the event that happened on February 6, which matched all evidence found at the scene of the crime. Unfortunately, “Merrill acknowledged he did not come forward with his current story exonerating Kidd until he had exhausted all of his own appeals” (Kidd vs. Norman. Appeals). In a federal hearing, Merrill testified that “he and the Goodspeeds committed the murders, and that Mr. Kidd had no involvement whatsoever” (Kidd vs. Norman, Petition). Merrill’s testimony was dismissed because the court decided that he was not a credible witness (Kidd vs. Norman, Appeal). Unfortunately for Ricky, the confession will be no help in his release. Several small errors and changes made within Ricky’s trials also contribute to his proof of innocence. During one trial, Marcus Merrill’s lawyer argued that “Kidd’s fingerprint was in Goodspeed’s get-away-car. The only fingerprint identified as Mr. Kidd’s was found on the window of Kidd’s own 1981 Delta 88, which was never connected to the crime.” Merrill’s lawyer’s argument was not only incorrect, but not corrected by Kidd’s lawyer during the trial. Kayla Bryant, the daughter of George Bryant, identified Ricky in a photo lineup as one of the men who was at her home the day of the murders. On the day of the trial, Kayla was unable to identify Ricky. She identified Marcus Merrill though. (Kidd vs. Norman, Petition). Another error in Ricky’s case is that his lawyer failed to request a separate trial from Marcus Merrill. It is believed that if he would have requested a separate trial, it could “have more accurately presented the lack of evidence against Ricky” (“Ricky Kidd”). Although these were minor errors in comparison to others in his case, they still withheld Ricky from being a free man.Many people in the justice system are aware of Ricky’s innocence. In an interview with Patrick Fazio, worker at KSHB 41 Action News, Kansas City Police Commissioner Alvin Brooks stated, “He didn’t do it and I know he didn’t do it. It was not Ricky Kidd. It was another person, but they did look a little alike.” Ricky told Fazio that he thought Brooks’ statement would push the courts into granting him freedom, but it didn’t. Cindy Dodge, a former prosecutor for Jackson County, is now representing Ricky for free because she as well knows of his innocence. In a separate interview with Fazio, she said, “He is innocent. There’s no question in my mind. I wouldn’t be working on this and spending hundreds of hours of free time… They have thrown up barriers wherever they can and objected to everything.” According to Dodge, Jean Peters Baker who is the current prosecutor, opposes Ricky’s release from his sentence. Upon requesting an interview with Baker, 41 Action News was told that Missouri Attorney General Chris Koster was managing Ricky’s case; Koster refused the requested interview. Ricky is currently waiting on DNA results from evidence withheld from the crime scene on the day of the murders (Fazio). Although Ricky is still incarcerated, it is possible that the justice system could exonerate and release him. Before receiving that opportunity though, Ricky must gain enough support and attention for his case. One type of support he will need is financial support. One thing that is already in place is the availability to donate. On , there is a section where individuals can donate any amount of money to his fund. The website states, “Your love gift will help offset the cost of various legal fees for Ricky's case” (“Donations”). Although the option is available, it does not say where exactly the money is going or how much money has been donated already. A GoFundMe page should be created for Ricky, with a clear description of where the money is going. One way the money could be used is to go towards public awareness of him and his case. Public awareness could include anything from a fifteen second television commercial to a half an hour radio segment where Ricky could tell his story. Public awareness of his case could lead to a petition for his supporters to sign. A petition was already started for him. The petition, which is called Charge the Real Killers Now Identified and Release Ricky Kidd, is located on . The petition was made in 2012, and has less than five hundred signatures. Although the petition is already available, a new one should be formed. The one available has spelling errors and just as his donation page, does not give a clear explanation as to where the petition will be sent. A GoFundMe page, a petition, as well as any commercials or ads supporting Ricky could all be contained on a Facebook page that could be established for Ricky. On Facebook, users are able to pay for the page to be broadcasted in a chosen number of other Facebook user’s newsfeeds. Users can also share, like, and comment on Ricky’s profile to gain attention. With all of these different things combined, Ricky would be well on his way to being exonerated and released. The main way for Ricky to be exonerated and released is if he is given a completely new trial. Although Ricky has already tried to obtain a new trial, changing his strategy may do the trick. Chris Koster, Missouri’s Attorney General, is currently handling Ricky’s case. Upon request for an interview with Kansas City’s 41 Action News, his office declined. Patrick Fazio, writer for 41 Action News, wrote, “The Missouri Attorney General’s office pointed us to their?court filing, which basically says it’s too late. It claims Kidd missed his chance to properly appeal and […] argues he can only present newly discovered evidence that wasn't available at the time of his trial.” During Ricky’s first trial, his attorney failed to obtain the video footage, phone records, and witness testimonies that would verify his whereabouts at the time of the murders. It was simply a case of ineffective assistance of counsel. It is the counsel of the defendant who is responsible for obtaining witness testimonies and further investigating the alibi of the defendant (“Ineffective”). In the case Bryant v. Scott, “R. L. Bryant was convicted of armed robbery and sentenced to life imprisonment by the state district court.” The crime was committed in Texas, although Bryant claimed that he was in California at the time. He was appointed a public defender, who failed to interview the eye witnesses who claimed Bryant was the assailant of the crime. His defender also failed to obtain witness testimonies from three individuals in California who were physically with Bryant at the time of the crime in Texas. It was concluded that Bryant’s defender failed: We hold that counsel's failure to investigate alibi witnesses and interview eyewitnesses is unprofessional conduct falling below the standard of a reasonably competent attorney practicing under prevailing professional norms. Moore's representation, therefore, fails the performance prong of the Strickland test, and we remand for a determination of whether counsel's defective performance prejudiced Bryant's case. (Bryant v. Scott) It is unfair to Ricky that his attorney failed to properly represent him, yet he has been punished for it for the last two decades. If Ricky could prove to the court that his counsel was ineffective in representing his case, it may be grounds for a new trial, which could ultimately free him of his charges, as well as his prison cell.Ricky Kidd could easily prove his innocence if given a new trial. His innocence is undeniable. The crime committed on February 6, 1996 negatively impacted many people’s lives. Unfortunately, it ruined the life of an innocent man, and further changed the lives of his family outside prison walls. His alibi, a confession from one of the real murderers, and a series of errors during his trial should subject him to being a free man. All evidence is available, and having an educated and supportive attorney will allow him to be free like he has deserved to be for the last two decades. Although much work is to be done before a new trial is available to him, it is achievable. It is in great hopes that the United States Justice System truly achieves justice for Ricky, and allows him to be free one day. Works CitedBryant v. Scott. United States Court of Appeals. 1994. The United States Court of Appeals for the Fifth Circuit. ca5.opinions%5Cpub%5C93/93-01003.CV0.wpd.pdf “Contact Information.” Free Ricky Kidd, Contact_Information.html. Accessed 12 Feb. 2017. “Donations.” Free Ricky Kidd, Contact_Information.html. Accessed 13 March 2017.Fazio, Patrick. “Only On 41: KC Police Commissioner & Former Prosecutor Say Innocent Man in Prison for Life.” Kansas City News and Weather, 17. Nov. 2016, news/local-news/kc-police-commissioner-former-prosecutor-say-innocent-man-in-prison-for-life. Gray, Monica. “Monica Gray Remarks.” 5 Nov. 2016, wp-content/uploads/2016/07/2016.11.5-Monica-Gray-Remarks.pdf. “Ineffective Assistance of Counsel—Defined and Discussed.” Caught,caught/ineffec.htm. Accessed 10 March 2017. Kidd vs. Norman. Appeal from the United States District Court for the Western District of Missouri. United States Court of Appeals for the Eighth Circuit. 2011. Casetext. case/kidd-v-norman. Kidd vs. Norman. Brief in Opposition to the Petition for Writ of Certiorari. Supreme Court of the United States. 2011. Free Ricky Kidd.uploads/Court_s_Response_to_Brief.pdf. Kidd vs. Norman. Petition for a Writ of Certiorari. Supreme Court of the United States. 2011. Free Ricky Kidd.uploads/PETITION_FOR_WRIT_OF_CERTIORARI.pdf.Missouri vs. Kidd. Missouri Court of Appeals, Western District. 1999. FindLaw. caselaw.mo-court-of-appeals/1243468.html Missouri vs. Merrill. Missouri Court of Appeals, Western District. 1999. FindLaw. caselaw.mo-court-of-appeals/1243458.html. Pollock, Michael. “30 Inspiring Quotes to Help You Develop More Perseverance and Persistence.” Michael D. Pollock, inspiring-quotes-persistence-perseverance/. Accessed 12 Feb. 2017. “Ricky Kidd.” Midwest Innocence Project, ricky-kidd/. Accessed 12 Feb. 2017. Ricky Kidd vs. Jeff Norman. United States Court of Appeals. 2011. Administrative Office of the U.S. Courts, media.ca8.opndir/11/08/101375P.pdf. “Ricky’s Achievements.” Free Ricky Kidd, RiCKY_S_CERTIFICATES.php. Accessed 12 Feb. 2017. ................
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