Hello, I’m Beverly, writing on behalf of my Son, Brian Corder. He is a United States Marine Corps Iraqi War Veteran. In 2012 he was Honorably Discharged. Shortly thereafter in 2012, he was accused of an awful crime, and in December of 2014, Brian was wrongfully convicted for the actions of others. True enough, he knew both the attackers and the victim, but evidence and testimony showed that he wasn't even present when the crime was committed, nor was he the orchestrator of the crime. None the less, Brian was found guilty as an Aider and Abetor under the Natural and Probable Consequences Doctrine for Conspiracy to Commit Murder. (A rule and law that may be abolished by the state of California this year (SCR-48).)
With his conviction came a host of Constitutional Rights Violations. Here are just a few of these numerous violations:
1> Brian is a Veteran with a 90% disability status through the Department of Veteran Affairs. The judge would not allow an expert witness or any evidence of his diagnosis of PTST (Post Traumatic Stress Disorder) and TBT (Traumatic Brain Injury) to be revealed to the jury. In fact, the judge said she would sanction any attorney that made any mention about PTSD in the courtroom. So the jury never knew he was disabled at all.
2> Evidence and testimony during the pre-trial from one of the responding officers showed that upon arrival, Brian actually helped and treated the victim, and stayed there while they treated her. However, the court wouldn't allow the other responding officers, EMTs and firefighters to testify on his behalf at his trial.
3> Expert testimony revealed that Brian's DNA was not present at the crime scene. Two neighbors testified that they saw Brian when he arrived, which was after the actual attackers had departed; and what he was wearing, which is not what the victim said her attackers were wearing.
4> The victim initially told investigators at the pre-trial that Brian was not present during the attack, and upon arrival he helped hold and treat her until first responders arrived. Then she asked Brian to accompany her to the hospital, where her mother let Brian borrow her cell phone to call me (his Mom) with news of the attack. However, the victim’s mother (angry that Brian did not come through with a large sum of money for her expenditures) planted negative ideas in the victim’s head that Brian was somehow involved. So during the trial, the victim got on the witness stand retracted her previous testimony, and said she didn't remember saying anything that would in any way benefit Brian. She then in big dramatic format lied about everything else. Her blatant lying should have been grounds for impeachable testifying. However, the court knowingly allowed it to remain part of the record.
5> The lead investigator under oath, presented clothing (shorts) with blood on them as that of my son's to the jury as an exhibit. I personally told the public defender that those were not my son's shorts, and asked him to re-question the investigator. When asked point blank, are the shorts you presented as what Brian Corder was wearing actually his shorts? Only then did the investigator say “no they are not.” Then when asked where is Mr. Corder's actual clothing? He replied that he did not know. Why were the detectives motives for presenting false evidence (lying) to misguide the jury not addressed?
6> Ineffective Council. My son's court appointed attorney (whose actions and appearance resembled that of an 80 year old that was forced to still work long past retirement age) did not put up anything that resembled an adequate defense. He actually seemed more concerned at maintaining his relationship with the DA, detective and the judge. Sadly he became the joke of the courtroom, and the jury and court spectators would laugh out loud whenever he made an attempt to litigate. He was so ineffective that he actually used a picture of Snow White with a poisoned apple and a little devil on one shoulder and an angel on the other for my Son's closing argument.
Summary: The victim (who was high on drugs) and her known attackers (through a mutual drug dealer) engaged in a heated argument that ultimately lead to a fight that got out of hand (facts proved that Brian was not among them. A medical expert witness testified that the victim's injuries sustained during the assault were NOT life threatening, and that the wounds were superficial. Evidence proved that this assault was not an attempted murder, but that similar to a street or bar fight. However, the jury was never given the lesser charges of ASSAULT to deliberate on, and in fact came back as a hung jury twice as a result. Each time the Judge ordered them to go back and try again. So without a lesser charge to consider, they had to find them guilty of something. So they found them ALL guilty of the only charges available...attempted murder, torture and mayhem, each count carrying a 25 year to life sentence. Although the facts showed Brian was not present, he was given the same sentence as those that were actually present (based on his connection to the victim and the attackers) and a theory presented to the jury by the prosecutor and the scorned victim and her mother. The court allowed the jury to deliberate on these theories and false testimonies. The facts didn't factor in; the judge and court were biased; civil rights were disregarded; and the attorney did the least to defend. All were ingredients in a recipe for tossing away the life of a young innocent Veteran behind bars.
The justice system failed my son. He fought for our freedom. So please…I need your help to fight for his. We lost our appeal at the State level, and now are in need of a highly qualified private attorney to bring Brian's injustices before the Federal Court. Securing proper federal legal representation is what's needed, but it is expensive, along with other expenditures associated with prolonged incarceration. There are federal filing deadlines fast approaching. The clock is ticking and we must now move quickly. Your donation will help Brian attain his freedom. Please help me bring my son home.