Supplement to Motion to Vacate Conviction and Motion to Vacate ...

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of .32 caliber revolvers could have been the murder weapon, as Officer Masson acknowledged. The ballistics evidence was already incredibly weak. Any one of hundreds of thousands 10 added). “ MPD Report of Investigation (July 27, 1978), attached as Supplement Appendix 4 (emphasis defendant with the crime by questionable inferences which might be refuted by undisclosed and of a writ of habeas corpus. the court ruled: “We cannot condone the attempt to connect the when in fact a bullet found at the scene was a .38 caliber. Reversing, and ordering the issuance unsupported inference that the gun associated with the defendant was used in the crime at issue for which he was on trial. The government thereby suggested to the jury that it could draw the defendant Barbee had admitted possessing in relation to an offense more recent than the offense case that predates Mr. Tribble’s trial, the prosecutor displayed a .32 caliber Iver Johnson that also a Brady violation. In Barbee v. Warden, Md. Penitentiary, 331 F.2d 842 (4th Cir. 1964), a the weapon connected to the defendant was used to commit the crime is patently unfair. It is connection to Mr. Tribble, while presenting evidence to the jury suggesting the opposite — that To withhold evidence that the murder was likely committed with a gun with no Officer Masson considered the source of the murder weapon. gun “we are probably looking for,” according to Skip Vorhees — were the manufacturers that conversation. Instead, Harrington & Richardson, Hopkins and Allen, and Iver Johnson the F.I. Industries’ Kimel to Brenda McLean. Prior to that, this manufacturer was not even in the Industries as the likely murder weapon after he learned that Mr. Tribble helped sell Mr. Wright’s was that he only decided to put his thumb on the scale in favor of a gun manufactured by F.I. What he did not admit — could not be asked about since the reports had not been disclosed — and homicide. ... Talked to SKIP VORHEES and we are probbiy looking for an old IVER JOHNSON.’ 4
doubt as to guilt.” Id. at 847. here, the court stated, The report might not have been proof of the defendant’s innocence, but if its contents had been made known, it might well have nurtured, even generated, a reasonable 11 guilty verdict came hard on the heels of the trial judge’s response, well-recognized. Where that scientific testimony was not only relied upon, but grossly exaggerated by the prosecution, and where powerful Mr. Tribble’s proof that he was elsewhere at the time of matter how weak the remainder of the government’s case, or how against his presence were infinitesimally small. That the the crime, he could not overcome the “scientific” evidence from on the scene, or the argument of the United States that the odds The power of scientific testimony to overawe and mislead a jury is our nation’s foremost forensic laboratory that seemed to place him the impact of spurious scientific testimony cannot be denied. No it was the focus of the deliberating jury’s sole note, and where the defense case. As Mr. Tribble wrote in his motion: exploited it, overwhelmed an otherwise extraordinarily weak government case, and strong At trial the FBI hair ‘match” testimony, and the manner in which the United States always sworn that he is innocent. that the inference at trial; Mr. Tribble had a compelling alibi defense; he swears now and has reconciled with the known facts; the ballistics evidence supports an inference even more strained him was motivated by greed and fear to provide unreliable admission evidence that cannot be stocking mask abandoned by the perpetrator came from somebody else; the sole witness against and there is powerful evidence that he had nothing whatsoever to do with it: the hairs in the innocence even more clear. There is simply no reliable evidence that connects him to the crime This new evidence from the MPD homicide files makes Santae Tribble’s actual CONCLUSION unproduced documents then in the hands of the police.” Id. at 846. In a conclusion equally apt
Page 1 and 2: UNITED STATES OF AMERICA Criminal D
Page 3 and 4: homicide detectives. In his running
Page 5 and 6: This was classic impeachment eviden
Page 7 and 8: Ms. Phillips was a very unreliable
Page 9: and name Kimel to B.J. Phillips’
Page 13 and 14: Indictment With Prejudice on the Gr
Page 15 and 16: DATE bATE CASE STATUS: PEN Q CLOSED
Page 17 and 18: Q 11 NARRATIVE: CCMPLAIt4A14TIVICTI
Page 19 and 20: fl I z 2 C 2 Ū, 0 a:) C’-, r C\l
Page 21: GIVE A SYNOPSIS OF CASE INVESTIGATI

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