Case Of Appellant V.

1341 Words6 Pages

None of the following were ever contacted by Appellant’s trial counsel. Had they been, they would have been willing to provide the following information. Mark Bowden provided the undersigned with an affidavit setting forth the following. See Exhibit 4. Bowden was with Appellant the night before and the morning of his September 1982 arrest for kidnapping and other charges. Bowden had been out drinking hard liquor with Appellant late at night and into the morning for three days straight. Appellant was very drunk. Bowden could tell based upon Appellant’s conversation and bizarre behavior that he was not straight or doing well. In the early morning, at a bottle club, Appellant attempted to pick up a woman. When she left with another man, Appellant got unusually upset. Bowden had never seen Appellant so upset about a girl. It did not make sense to Bowden. Appellant’s behavior was totally bizarre; he was not making any sense. Bowden believes that there is no way that Appellant …show more content…

It was totally unplanned, according to Horton. It was just “stupid, drunken behavior by both of us.” The next morning, Horton and Appellant awoke with surprise at what they had done. They would have never stolen the tools if they had not been drunk. They were both arrested for burglary. Horton was sentenced to three years. Horton feels sorry for Appellant. “He was a bad drunk, and he couldn’t handle it well,” according to Horton. “He got into a bad situation he never would have gotten into if he had not been drinking so much.” Multiple codefendants, including Kathy Smith, Charlotte May, and Charles Raab, all provided declarations regarding the 1981 convenience store robbery in Duval county, Florida. See Exhibits 6, 7, 8. All stated that they would have been willing to testify, and would have explained that the 1981 robbery “was the stupid and immature behavior of young people under the

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