Response in Opposition to the Commonwealth's Motion to Vacate

the jury about the crime and about the reasons for the testimony of its key witness. 6Mr. Draper testified at trial, as police and prosecutor Foulkes wanted, that the only motivein the Norwood killing was robbery. See NT 9/20/12 pm at IS. At the evidentiary hearing, Mr.Draper explained that he told the Commonwealth, including Sgt. Rosenstein and Ms. Foulkesherself, that the case involved a "homosexual" relationship between Mr. Williams and Mr. Norwood;that Mr. Williams snapped at the time of the incident; and that the relationship was the actual reasonwhy Mr. Norwood was killed.For example, Mr. Draper testified:Q. What did you tell them about that?A. That he was a homosexual and that he had a relationship with Terry.Q. And did you tell them about what happened in the incident itself before the taperecordedstatement?6It should also be noted that at trial Marc Draper told the jury the only thing he received forhis testimony was a second-degree murder conviction with a mandatory life sentence, and no otherpromises or benefits. See NT 9/20/12 am at 161-62. When trial counsel inquired as to whether anyother promises were made to Mr. Draper or his family in exchange for his testimony, Mr. Draperresponded, "No. Nothing at all." See NT 9/20/12 am at 166. Mr. Draper testified at the evidentiaryhearing that he was actually promised that he would be helped with parole, and the letter fromprosecutor Foulkes to the Board supports his testimony.Mr. Draper's hearing testimony is corroborated by a letter trial prosecutor Andrea Foulkeswrote on Mr. Draper's behalf to the Board of Probation and Parole on June 23, 1988, whichexpressly states that the Board should "consider the cooperation of this inmate when determininghis eligibility for parole or commutation at some future date," and that her letter to the Board wasa "benefit or promise conveyed to him" in exchange for his testimony. PCRA Hearing Exhibit P-15;NT 9/20112 am at 166. When the Court asked Ms. Foulkes whether she disclosed to the defense thefact that she agreed to write a letter to the Board on Mr. Draper's behalf, Ms. Foulkes stated, "No,and I would do it differently today." NT 9/20/12 pm at 25. Further corroboration for Mr. Draper'shearing testimony was found in Ms. Foulkes' file, which includes her handwritten notes about herdiscussions with Mr. Draper stating, inter alia, "Deal- 1 0 years," and "[ a]llow you to plead guiltyto murder, second degree, about ten years." NT 9/20112 pm at 138. Ms. Foulkes' attempts toexplain these entries away as anything but what they obviously are were not credible. Thisinformation was never disclosed to the defense.26