Demetrius Bowers ( #57728-018 )

Hello Beautiful World,

I hope you’re as best as you can be during these times. My name is Demetrius, and I’m a very laid-back, cool person! I’m very respectful, loyal, straight up, and just looking for some friends to build with!

I have one child, a son who will be 23 this year, and a one year old granddaughter that I’m already bananas about! I’m very family-oriented, and I love all people! Music is my heart; from 70’s and 80’s Classic Rock, Pop, Soul, Freestyle, R&B, and Rap til Todays!

I’m an outgoing person and I love to eat! I like watching movies, watching football, reading, writing, swimming, biking, and dirt bikes. I like bowling, beaches, theme parks, converts, traveling, homes, cars, wave runners, fairs, shopping, and dressing up, getting fly! I love spending time with family and friends most importantly!

I received my GED in 2012 at the age of 18, and I plan to go to a school like Full Sail to learn Mix and Mastering, and to become a recording engineer! Then invest in my ideas, phone apps and real estate. I also have a talent I don’t like to talk about, and I have my reasons. If you get to know me then It’ll eventually come to light!

I was wrongly convicted through DNA evidence. An altered hat that was once a regular ski cap was found 175 yards from the scene of the initial charged crime,, which had at least 6 others’ DNA on it, which they couldn’t identify those other people through their DNA to include or exclude the, and stuck it on my though no one pointed me out as the perp during trial or said they recognized my voice due to me representing myself by force, not choice, for seven days.

Due to the remaining 7 charged crimes being committed like the first one, they put all 8 robberies on me, and gave me time they don’t even give out to murderers.

My C.O.A. (certificate of appealability) was just denied 4/2/21, which is crazy because I wasn’t only wrongly convicted through DNA evidence, but during trial, Modus Operandi, which falls under 404(b) Fed. R. Evid. was used as a disguise a legitimate Federal rule of evidence to allege that it was admissible to reconstruct evidence, and alleged evidence, from all eight individual crimes to convict me on each crime when it wasn’t admissible, Simply put, being that the DNA expert testified there was no way to determine who last possessed the altered hat or which DNA was contributed prior to the hat being altered or after, they claimed on the M.O. the jury could use the evidence, and alleged evidence from the remaining seven charged crimes to help them draw the inference of identity as to the initial crime to help them establish that I last possessed the altered hate in the initial crime.

There’s evidentiary requirements that have to be met for that to be admissible, and one of the 5 requirements is that there’s sufficient proof the defendant committed each crime being offered for that purpose. There’s no evidence I committed any of the remaining seven crimes. Had I not been identified through that altered hat as a suspect, there’s no other evidence, period, that I was identified through any of the individual crimes.

So how could you take seven crimes I was never identified through, be it from any evidence or witnesses, and claim that those crimes can be used to help establish identity in the initial crime, the only crime that had some alleged/inconclusive evidence that I was identified through? If identity is at issue in the only crime that had some alleged/inconclusive altered hat DNA evidence, how is identity not at issue in the remaining seven crimes when there’s no evidence, period, that I was identified through? This is unprecedented in the history of M.O. Fed. R. Evid. 404 (B). There’s never been a case where one crime or multiple crimes where identity is at issue, is being used to allegedly help establish identity in another crime or multiple where identity is also at issue.

How 404 (B) Federal Rule of Evidence works is say, for instance, I was caught in the act of this crime, or they had me on camera, or a witness saw me, do it or some competent evidence for the scene that’s not conflicting, and there were multiple other crimes that had been done this same way, during trial, after the government had offered that specific crime under 404 (b) for M.O. purposes, and it met all of the requirement, the judge would then instruct the justy that if you feel there’s enough evidence for this crime to establish that the defendant committed this crime then you can use the M.O. from this crime to see if it matches the M.O. of any of the other crimes, to help establish if he also committed those crimes.

In my case, there’s no individual crime with any proof that I committed it. M.O. was used as a disguise to convict me with insufficient evidence in the initial crime, and no evidence in the remaining seven.

My direct appeal attorneys failed to make this argument and challenge it, or I would have been home 2016. Then, in my 22-25 appeal I presented the claim multiple ways, plus other claims too, and the D.A. changed their stance on their 404 (b) argument, and supported it with a new doctrine to try and circumvent the requirements of 404 (b) that they could have never met, and even through the door’s been closed to support it with a new doctrine, the judge still adopted the D.A. argument and denied my 2255 on July 15th, 2020.

Now that my C.O.A. was denied 4/2/21, I need help to put my Certiorari together for the Supreme Court, because I’m not in a position to.I only have 90 days to get it in, but I read the Supreme Justice over my circuit the 11th Circuit will grant you an extension for 30 days, then I’m also about to file a motion for reconsideration, to the United States Court of Appeals, which I doubt will help, but the 90 days will start from when they deny that.

I’d appreciate any legal help though, and any other avenues that may be available to me, because after the Supreme Court, I’m going to be lost. And you know they have deadlines for everything so time is of the essence.

There’s a DNA case in the 4th Circuit like mine, but was only at least 3 different DNA contributors. He lost his trial, but it was overturned due to multiple contributors, 20009 and 2010. So that’s also a circuit split.

Then, in a 2016 report entitled “President’s Council of Advisors on Science and Technology of September 2016 Report” raised concerns regarding the reliability of DNA testing in instances like mine, that if properly raised could be grounds for a new trial. It also has an article about Texas Forensic Science Commission addressing the problem with DNA testing protocols in the July 2017 Prison Legal News which I have copies of.

The DNA analyst in my case used A 1 in 3.16 sextillion statistic that the chance of my DNA profile being someone else’s.

In this prison legal news article, it says using the old protocol that the statistics for this guy was less than one in a million, and they believed using the new protocol it would simply be a refinement of the numbers produced by the old method, but it was 1 in 30 something, or 1 in 40 something, meaning it was a significant probability that it could be someone else’s. This is a huge development that I discovered after my 22-25 was already in, and I didn’t know how to file to add a new issue.

I’ve been in the box, the hole, the SHU (special housing unit) for 6 and a half years out of the last 7, on 23 in a cell, and 1 hour for rec. And that reason I’m not in a position to put my own Certiorari together is because I have little to no litigating experience, even though I did my own 22-55 and C.O.A.

We have a new warden here who has wrecked the place. You can’t have or order any books, magazines, newspapers, radios, photos, pens or even soap in the middle of a Covid pandemic. They barely give us enough packs of soap to shower with 3 little packets. They take any in your cell that you sacrificed to have to wash your hands during weekly shakedowns. You can also no longer order writing tablets, and they only give you 5 sheets of paper a week. It’s just crazy, and I’m glad I’m about to leave Illinois soon. I definitely can’t wait to get out of prison, period.
I almost forgot one part of my legal situation! The initial charged crime where the altered hat is alleged to have been used in, by the government, the victim at the trial described a mask with a mouth hole, and testified that he could see lips and skin through the ips. 9 months prior to trial, after the robbery, he also described a mouth hole. The altered hat had no mouth hole, there was no second perp or video surveillance. The victim’s testimony is to be disregarded when it interferes with advancing the interest or the outcome of the government’s case. In my direct appeal, the U.S. Court of Appeals acknowledged this is a closed case, but it’s not at all. Even with all of the manipulation of Federal Rules of Evidence, and a violation of my Constitutional rights to a fair trial, and illegal incarceration without adequate evidence, they’re acknowledging that it’s still a closed case. So imagine what it would be if justice was really bling, far, and personal feelings weren’t involved.

I really appreciate you taking the time out to read this. I will forever be in your debt for your help, regardless of the outcome. I’m definitely an investment you won’t regret, and will be looking forward to hearing from you. I pray you all are safe.

My case # is 8:12-CR-550-T-35TGW 11th Circuit. If you have any connections on the legal tip, if you’re not a litigator yourself, have them check out my situation or blast it to the people out there advocating for prison reform and making things happen, like Meek Mill, and Kim Kardashian. I’d really appreciate it!

These people know I’ve been fighting them on my own since day 1, they hid a lot of stuff throughout my pre-trial that I didn’t become aware of until I realized my attorney was working with the government, and not trying to fight for me, so once I went pro-se, and make him take the passenger seat, receiving all of my pre-trial documents, I was shocked and fully aware. I can no longer do it on my own though. I thought I could!

Have a Blessed Life!

Sincerely,

Demetrius