- Report: #67409
Complaint Review: Pottawattamie County Attorney Matthew Wilber - Council Bluffs Iowa
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Pottawattamie County Attorney Matthew Wilber
227 South Sixth Street Council Bluffs, 51501 Iowa, U.S.A.
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712-328-5753
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Pottawattamie County Attorney Matthew Wilber The State needs to immediately exonerate Terry Harrington and allow him to live as a free man!! Council Bluffs Iowa
On October 14, 2003 in Siuox City, Iowa (Woodbury County), Pottawattamie County Attorney Matthew Wilber plans to retry Terry Harrington of Omaha in the 1977 murder of retired Council Bluffs, Iowa Police Capt. John Schweer.
Upon diligent effort by Harrington and those working to exonerate him, 9 very significant police reports were discovered in 1999 that chronicled an extensive police investigation concerning a suspect-Charles Gates. These reports named witnesses who described Gates as carrying a shotgun and being in the vicinity of the crime scene around the time of the murder.
The police reported that Gates was also a suspect in the murder of a woman in 1963. (unsolved as of today) The police administered a polygraph test to this suspect, which he failed, stating he was "untruthful about owning a shotgun and having shot John Schweer." The police and prosecutors who knew of this suspect deliberately did not release this information in all the years of Harrington's litigation. In all the conversations, depositions, discovery motions and sworn testimony, this suspect was NEVER mentioned. This is a clear violation of the states duty to divulge evidence, with or without a specific request to do so.
For more information on the discovery see Exonerating the Innocent at: www.fairfield.freehosting.net/01april/brain.html
On February 26, 2003 the Iowa Supreme Court made 5-1 ruling to overturn Harrington's conviction based on prosecutorial misconduct and due process violations.
Details of the Harrington v. State of Iowa, Iowa Supreme Court No. 01-0653 case are available at;
www.judicial.state.ia.us/supreme/opinions/20030226/01-0653.asp.
Prosecutor Wilber's primary obligation is to seek justice-not simply a conviction based on withheld evidence, lies and perjured testimony.
If Charles Gates wasn't a viable suspect, then why did former prosecutor Joe Hrvol and Council Bluffs police department suppress this evidence?
Mr. Wilber and the Council Bluffs leading police detective Dave Dawson are NOT EVEN CONSIDERING Charles Gates and evidence gathered during the investigation of John Schweer's murder and maintained by the police department for 26 years and SUPPRESSED for 22 years.
The current Prosecution, Police and Officers of the Court are attempting to obtain an illegal conviction by presenting the perjured witnesses and lies (statement of Eric Hartwell) and withholding evidence; CBS 60 Minutes video statements of the former prosecutors and police.
Enough is Enough for both families as well as tax payers who have paid for a truthful decision in the murder case of Mr. John Schweer.
Iowa Judicial System needs to make a concerted, honest effort to seek and accept the truth that leads to the actual murderer of the deceased, Mr. John Schweer instead of holding on to a theory based on lies, perjured testimony and withheld evidence. Furthermore, In the interest of justice, this case should be immediately dismissed with prejudice. Allowing the truth to be told and Mr. Harrington a "new" life with this grave injustice behind him.
When law enforcement and prosecutors act contrary to the Iowa Constitution and the Federal Constitution, we shouldn't look the other way OR we are contributing to a society of lawless authorities.
You may express your concern for JUSTICE in search of the truth by voicing your opinion in a letter to the editor; In the Council Bluffs, Iowa newspaper at:[email protected]
The Des Moines Register [email protected]
and Omaha World Herald at [email protected] And feel free to contact Matt Wilber @712-328-5649 (cst) or [email protected] and express your concern with this grave injustice that he and Dave Dawson are prolonging.
They have the police records that will immediately EXONERATE Mr. Harrington! Please urge Mr. Wilber to restore "integrity to the judicial process" by dismissing the case against Mr. Harrington and pursuing the original suspect, who was considered a suspect in the 1963 murder of Emily Geland. Ms. Geland's murder has yet to be solved.
Mr. Wilber has a responsibility to the families of these victims to see that justice is served, based on the factual evidence contained in the Police reportsand records.
Anne
Kansas City, Kansas
U.S.A.
Click here to read other Rip Off Reports on Attorneys and Lawyers
Upon diligent effort by Harrington and those working to exonerate him, 9 very significant police reports were discovered in 1999 that chronicled an extensive police investigation concerning a suspect-Charles Gates. These reports named witnesses who described Gates as carrying a shotgun and being in the vicinity of the crime scene around the time of the murder.
The police reported that Gates was also a suspect in the murder of a woman in 1963. (unsolved as of today) The police administered a polygraph test to this suspect, which he failed, stating he was "untruthful about owning a shotgun and having shot John Schweer." The police and prosecutors who knew of this suspect deliberately did not release this information in all the years of Harrington's litigation. In all the conversations, depositions, discovery motions and sworn testimony, this suspect was NEVER mentioned. This is a clear violation of the states duty to divulge evidence, with or without a specific request to do so.
For more information on the discovery see Exonerating the Innocent at: www.fairfield.freehosting.net/01april/brain.html
On February 26, 2003 the Iowa Supreme Court made 5-1 ruling to overturn Harrington's conviction based on prosecutorial misconduct and due process violations.
Details of the Harrington v. State of Iowa, Iowa Supreme Court No. 01-0653 case are available at;
www.judicial.state.ia.us/supreme/opinions/20030226/01-0653.asp.
Prosecutor Wilber's primary obligation is to seek justice-not simply a conviction based on withheld evidence, lies and perjured testimony.
If Charles Gates wasn't a viable suspect, then why did former prosecutor Joe Hrvol and Council Bluffs police department suppress this evidence?
Mr. Wilber and the Council Bluffs leading police detective Dave Dawson are NOT EVEN CONSIDERING Charles Gates and evidence gathered during the investigation of John Schweer's murder and maintained by the police department for 26 years and SUPPRESSED for 22 years.
The current Prosecution, Police and Officers of the Court are attempting to obtain an illegal conviction by presenting the perjured witnesses and lies (statement of Eric Hartwell) and withholding evidence; CBS 60 Minutes video statements of the former prosecutors and police.
Enough is Enough for both families as well as tax payers who have paid for a truthful decision in the murder case of Mr. John Schweer.
Iowa Judicial System needs to make a concerted, honest effort to seek and accept the truth that leads to the actual murderer of the deceased, Mr. John Schweer instead of holding on to a theory based on lies, perjured testimony and withheld evidence. Furthermore, In the interest of justice, this case should be immediately dismissed with prejudice. Allowing the truth to be told and Mr. Harrington a "new" life with this grave injustice behind him.
When law enforcement and prosecutors act contrary to the Iowa Constitution and the Federal Constitution, we shouldn't look the other way OR we are contributing to a society of lawless authorities.
You may express your concern for JUSTICE in search of the truth by voicing your opinion in a letter to the editor; In the Council Bluffs, Iowa newspaper at:[email protected]
The Des Moines Register [email protected]
and Omaha World Herald at [email protected] And feel free to contact Matt Wilber @712-328-5649 (cst) or [email protected] and express your concern with this grave injustice that he and Dave Dawson are prolonging.
They have the police records that will immediately EXONERATE Mr. Harrington! Please urge Mr. Wilber to restore "integrity to the judicial process" by dismissing the case against Mr. Harrington and pursuing the original suspect, who was considered a suspect in the 1963 murder of Emily Geland. Ms. Geland's murder has yet to be solved.
Mr. Wilber has a responsibility to the families of these victims to see that justice is served, based on the factual evidence contained in the Police reportsand records.
Anne
Kansas City, Kansas
U.S.A.
Click here to read other Rip Off Reports on Attorneys and Lawyers
2 Updates & Rebuttals
Anne
Kansas City,Kansas,
U.S.A.
Iowa Supreme Court threw out the conviction based on prosecutorial misconduct and due process violations
#2Author of original report
Fri, October 31, 2003
Reported in the media by Mr. Wilber, The Iowa Supreme Court threw out the conviction stating police reports may not have been turned over to Harrington's defense at the time of the original trial; and repeated at the press conference on October 24, 2003 while announcing the dismissal of first degree murder charges against Mr. Harrington. The Iowa Supreme Court ruled in their opinion overturning Mr. Harrington's conviction based on prosecutorial misconduct and due process violations. ... the reports were suppressed.... Evidence is suppressed when information is discovered after trial which had been known to the prosecution but unknown to the defense.' All Law students and attorneys are familiar with the 4 words that control the legal profession; may, might, must and shall. Apparently Mr. Wilber used MAY in his attempt to mislead the tax payers, and to disguise the actions of the knowingly-dirty, malicious, illegal prosecution of Mr. Harrington. Suppressed police reports chronicled an extensive police investigation concerning a suspect Charles Gates. Police witnesses described Gates as carrying a shotgun and being in the vicinity of the crime scene at the time of the murder. The police knew Mr. Gates was investigated and a suspect in a fourteen-year-old unsolved murder in Omaha. After submitting a legal polygraph test to Gates. They determined that he was an untruthful suspect; "... Gates was not truthful in his denial of owning a shotgun or having shot John Schweer. Mr. Wilber is aiding the police in suppressing the evidence and withholding the truth from the tax payers. The Police and prosecutors who had possession of the evidence in 1977 deliberately withheld it in their police files for 26 plus years. The prosecutor is maliciously destroying the Constitutional rights and Mr. Harrington's name. Court records from 1977 indicate the prosecution and police department charged Kevin Hughes with a felony, also indicated he was to be charged with the murder, tried and if convicted sentenced to natural life without parole in the state penitentiary. (That is enough to cause any 16 year old to commit perjury while held in custody!!) The records should show the Council Bluffs Police and prosecutor held open charges against Mr. Hughes related to the Schweer murder pending and hidden in the prosecutors files until he testified to please the prosecuting attorney in Harrington's 1978 trial. Mr. Hughes testified under oath that no plea bargain was given for his testimony, thou the court records shows that Hughes was given immunity to falsely testify against Harrington. (The Iowa Supreme Court; ... Hughes, the primary witness against Harrington, was by all accounts a liar and a perjurer.) After Harrington's conviction and sentencing, on November 6, 1978 all felony charges including the charges suppressed in the police files were dismissed against Mr. Hughes and he was released from custody. Note, Mr. Hughes at the time was 16 years old. Conspiracy of threat, promise and hope was in fact and by law illegal and the prosecution worked with the police officers to convict two blacks teens, they knew were not guilty. The PROSECUTORS and POLICE OFFICERS were guilty of subornation of perjury assisting and aiding in obtaining the known false evidence before the Court and tax payers' jury. The conspiracy to illegally convict innocent people under the disguise of the State, County or City Officials is of the worse kind of criminal action. To think that they did not know the laws was a part of their sham. Robbing the tax payers as they did is criminal and robbing Mr. Harrington of 25 of the best years of his life is unconscionable. And any Court that would not dismiss the complete charges with prejudice is guilty of fraud being part of the conspiracy.
Ben
Council Bluffs,Iowa,
U.S.A.
I believe that Terry Harrington, a known car thief, killed Officer Schweer.
#3Consumer Comment
Sat, October 25, 2003
No matter what the courts say, this will always be true. The truth is that Harrington and his allies, like Ms. Danaher, harassed witnesses until they changed their stories. At least Harrington was locked up for 25 years, no doubt preventing other car thefts and other crimes.
