AFFIDAVITS....
| A05-190 STATE OF MINNESOTA IN SUPREME COURT _____________________________________________________________________ State of Minnesota, Respondent VS. Michael C. Francis, Appellant. _____________________________________________________________________ 4th Judicial District Court, Hennepin County Affidavit Under the oath of law, I do swear the following to be true and correct to the best of my knowledge in regards to the intolerable, misleading behavior by the prosecutrix in custody, which resulted in a miscarriage of justice and a innocent man being convicted of murder. Starting with the misconduct by the prosecutrix when cross-examining the defense witnesses in testimonial form which was highly prejudicial and improper for the required conduct of a the prosecutrix during a trial. Following with a completely improper unprofessional closing argument. During a closing argument she mis-characterized, misstated and criticized my testimony in order to improperly impeach it. The record from my testimony and closing argument support this in the affirmative. She impermissibly assassinated and degraded my character during her closing argument. She also confused and mislead the jury in believing that I said things that I really didn’t say. Along with the misconduct the prosecutrix presented unreliable, false, inaccurate and unproven evidence to the jury in order to falsely prove my guilt. The photographs of the suppose to be blue Tahoe was prejudicial, misleading and unproven. Marvin Pate’s testimony was unreliable due to the facts that it was a limited observation, fleeting moment, his description of the event is inconsistent with the forensic evidence like the bullet hole in the front passenger door which is too low for it to have come from the blue Tahoe, that Lisa Jones owned, because of the range the gun was fired and the height of the Tahoe with 22 inch rims and air shocks which increased the height of the Tahoe factory level. If the gun shots actually came from Lisa Jones’ Tahoe the bullet hole would have been higher with a pattern of a deep angle pointing down. There has also been much research for over 20 years on the reliability of eyewitness identification. The finding has shown under limited circumstances as a chaotic, stressful or violent situation witness are unable to perceive and recall accurately. For all these reasons Marvin Pate’s testimony is unreliable. The phone records were nothing but speculative. Through the information provided from Qwest phone records; Mr. Dobbe, a Qwest engineer could only draw a speculative conclusion of a geographical area where the person who is in possession of the phone may be. Lisa Jones’ cell phone ( 612-272-2677) radio signal was transmitting southwest of cell site 22 which is located southwest of the crime scene. The time the radio signal from Lisa Jones’ cell phone was transmitting from cell site 22 puts the location of the phone, up to four miles west and also a little further with the open area of Lake Calhoun. My place of residence was also west of the crime scene and the location of the cell site, the radio signal was transmitting off of. Mr. Dobbe the Qwest Engineer didn’t know the exact range of the cell sites on exhibit #70. He only knew the sites on exhibit # 70 were restricted to the area on the map with exception of the west side of Lake Calhoun and perhaps a couple of blocks of cell site 107 Ta 1535-37. From the evidence the jury could only speculate a person’s whereabouts. Nothing further. But in the prosecutrix closing argument, she falsely stated the phone records placed me at the scene of the crime. It is impossible to conclude I’m guilty of murder and attempted murder due to one unreliable testimony of Marvin Pate Jr., the inaccurate speculative unproven photos of Lisa Jones’ supposed to be Tahoe and completely speculative phone records. According to Paige, Lisa Jones’ and my affidavit, is proof of me and Lisa Jones’ Tahoe whereabouts the night of May 24, 2004. My original statement to Sgt. Pete Jackson in the interview was, I didn’t and couldn’t have the Tahoe that night because it was at home and probably in the garage. A for my whereabouts and the Tahoe the State’s evidence is consistent with my innocence. I was badgered about my whereabouts by the prosecutrix while on the stand which forced and confused me to giving different answers I already gave her. The real murderer could be still roaming free in the streets of Minneapolis. I am completely, sincerely innocent of this heinous crime that resulted in a young woman’s death and the life of a young man that almost was lost. __________________________________________________________________ State of Minnesota Supreme Court of Minnesota Hennepin County CV#A05-0190 Dated this 20th day of July, 2005, in the criminal appeals case concerning Michael C. Francis, I, Lisa Jones, due swear under the oath of law that the following is true and correct; On the evening of May 24, 2004 I returned home from classes at MN School of Business between 9:30 & 10:30 pm. I remember seeing the Tahoe parked in front of the house. Mike was not there with Paige and she left shortly thereafter to go home with Mike in St. Louis Park. As far as ownership of the Tahoe. it was purchased in my name for my daughter, as she was a minor and could not have this placed in her name at the time of purchase. Paige was employed, but soon lost her job and was being supported by Michael, who eventually had to make her payments so as not to lose the truck or further or further jeopardize my credit. Yes, Mike did drive the truck, he was making the payments so Paige allowed him to drive. I also drove from time to time. Mike and Paige also owned a Chevy Caprice that they used. I am submitting this statement because I do not believe that Mike is capable of cold blooded murder and the evidence in this case is not near concrete. I am also the owner of the cell phone that was supposedly being used by Mike that was picked up by satellites in the vicinity of the murder. I also lived in the exact area. I was ordered to testify at the trial, but was surprisingly never called to the stand. Mike had imposed the importance of this to his lawyer to no avail. ____________________________________________________________________ Minnesota State Supreme Court CV# A05-0190 Hennepin County Dated this 20th day of July, 2005, under the oath of law, do swear the following to be true and correct. I Paige Jones-Smith was at home the night of May 24, 2004. I had the Tahoe that evening while I babysat for my mother at 3240 18th Avenue. I am not sure exactly what time I got to St. Louis Park. I know that it was a bit before Mike came home around 11:00 pm. We did not have Cable TV so we often rented DVDs. We were always at home between in the evenings. We were very much home bodies. We both attended school, myself- high school, and Mike was at Dunwoody Technical College. Mike did not drive unless absolutely necessary because of a revoked license. He tried to always have a friend etc… drive him, and he would never drive at night. I also was told that I would be called to testify and was not. Michael could not have possibly committed this crime if he was not driving the Tahoe on the night of May 24. ____________________________________________________________________ State of Minnesota Supreme Court of Minnesota Hennepin County CV# A05-190 Dated this 26th day of October, 2005, in the criminal appeal case concerning Michael C. Francis, I, Cynthia Francis Hudson, due swear under the oath of law that the following is true and correct: In the case of my son, Michael Calvin Francis, found guilty of two counts of 1st degree murder and two counts of 2nd degree murder on October 8, 2004. I would like it to be known, that several events went wrong in my son’s conviction. His lawyer, (Richard J. Coleman) on several occasions threaten to walk off the case if he didn’t get more money. At my son’s first court appearance, after the first judge set my son Michael’s bond at $500,000, Richard J. Coleman told me not to worry about the money, that he would continue on this case. But as the case went on, Richard J. Coleman would say he needed money. If we didn’t get him some money that I would need to start looking for a Public Defender if we didn’t get him some money, because he was going to walk off the case. In one conversation, Richard J. Coleman said, he has three ex-wives and child support to pay. Lisa Jones and Jessica Caples both sent him money totaling $350.00. Richard J. Coleman said that wouldn’t cover his parking. My son Michael had gave him $2,700.00 to take the case. Each time Richard J. Coleman called me we ended with him saying, I need to be paid. In a previous conversation with him, he said he needed $200.00 for an investigator and he wasn’t going to come out of his pocket to pay for an investigator for my son’s case. (“They cost money”) So I agreed to meet him at J.D. Hoyts, located at 301 Washington Avenue N, Mpls, MN 55401. Richard had tea with vodka, he asked me if I wanted anything to drink, I said no. I had a $100 check for him from my rent money and Richard frowned because it was not cash and that I told him not to cash the check until Thursday or it would bounce. Richard told me if he had gone $6,000 he would be somewhat satisfy. Also, I told him that I was getting my rent rebate and before I could finish what I was saying, Richard Coleman’s response was “I’ll take that. Just get me some money or I am going to take myself off of your son’s case.” I mentioned I had got in contact with my son’s father and Richard told me to tell him to send money. Another conversation I had with Richard was on or around October 6. He called me and told me that he hadn’t paid his rent and the landlord was going to put him out. I jokingly said, “You and your wife could come stay with me, I have a fulton and blankets. Once again in another phone call from Richard, he asked me to have one of my son’s witnesses call him, then he told me that he and his wife was going o n vacation and I know what that means. “Get me some money.” The night before the verdict was read, Richard told me to get as much support for my son to come to court and also have a fund raiser to get him some money. On another occasion, Richard asked Paige Jones-Smith (age 17 at the time) to meet him to talk about my son’s case at a bar somewhere in the northeast area. Lastly, after my son’s conviction, I left several messages on Richard Coleman’s cell phone and his live answering system and as of yet he has not returned my calls. I was put on the witness stand without receiving a subpoena. I called Richard J. Coleman on his cell phone because I was told that Judge Thor Anderson advised my son Michael that he didn’t have to testify if he didn’t want to, the choice was his and to tell Richard J. Coleman not to put my son on the stand. Mr. Coleman advised my son to get on the stand anyway, ignoring the messages left on his voice mail. Richard called me back and said he was going to put me on the witness stand first, without any kind of preparation. And to this day, I still don’t understand why Richard chose to do that. Gemma E. Graham (142086) Assistant County Attorney, asked me questions about my son’s juvenile years. Also, Lisa Jones who was the owner of the Tahoe truck and cell phone was not called to the stand at all, nor was my son’s girlfriend, Paige Jones- Smith, who also got a subpoena but was not called to the stand. I had just came from a job interview and when I arrived, I was put on the witness stand. Every time I was with Richard J. Coleman I smelled alcohol on his breath. The above statement is true and correct to the best of my knowledge. Signed: Cynthia Hudson |
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Michael C. Francis
Signed: Paige Jones-Smith
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