“It don’t matter if you’re Black or White”
– Michael Jackson, 1991
“Only if you have money and lawyers like O. J. Simpson or Michael Jackson, oh okay, you said that because you ARE Michael Jackson.”
-Vern Braswell, 2020
“That shit ain’t necessarily true”
– Bill Cosby, Today
In the Bargery case, A White defendant was charged with a double murder. Bargery was found with the victims’ property, a knife with the victim’s blood was found in his car, the blood of one the victims was found on Bargery’s shirt, and when he was arrested, he described details of the crime scene that were not publicly known. (Spoiler Alert: because Bargery was not Black, he did not get the death penalty)
Bargery claimed “three Mexicans” did the Murders and he was forced to drive an alleged drug dealer named Shondell Hill, and the three Mexicans to and from the residence and to sell the victim’s property stolen property.
Braswell on the other hand engaged in erotic asphyxia with his wife and she was not felling well when it was over and eventually died that night while in their Jacuzzi tub.
Although Bargery’s case was in a different county from Braswell’s case, the same Shelby County prosecutor from the Braswell case, Amy Weirich, was involved in the legal issues in the Bargery case.
In the Bargery case, he wanted an expert to back up his story that the murders were committed by (and had the signatures of) a Mexican gang killing.
In the Braswell case, he wanted an expert to back up his testimony that his wife’s death was either due to or was influenced by the asphyxiated intimacy from the night she died.
When Amy Weirich heard that a Black police officer who was also a gang expert from her county planned to testify as an expert for Bargery, she made calls to his superiors which forced the Black officer to resign from the Bargery case.
When Braswell sought to have an expert, he paid his trial lawyer the expert’s fees, but according to the expert, the trial lawyer never paid him. This played a part in the expert not showing up for trial.
In Bargery, the Court ruled that it was an error for the Weirich to interfere with Bargery’s attempt to secure an expert since the expert was going to present helpful testimony for Bargery at trial. (This wasn’t the first time that there were allegations of potential reprisal from The Shelby County DA’s office against Blacks who either chose to or wanted to give testimony that the prosecutor didn’t like ala Lt. Col. Vindman)
In the Braswell case, the Court refused to rule that it was an error for his trial attorney to not secure his expert even though the expert was going to present helpful testimony for Braswell at trial.
In the Bargery case, the all White Court said they could discern no valid reason for Amy Weirich interfering in Bargery’s defense and determined it to be an error.
In the Braswell case, the all White Court refused to find error when Amy Weirich was involved in a Braswell witness saying that he was “holding back” about the prosecutor’s misconduct in the Braswell case because of fear that testifying in favor of Braswell might trigger unfair charges against the witness.
With Bargery having a weapon with the victim’s blood in his car, one of the victim’s blood on his shirt, being found with the victim’s property, and describing unpublished details of the murder scene, the all White Court ruled that five errors from the trial got the White defendant relief and a new trial.
With Braswell having around 10 new witnesses, 3 deficiency errors, 4 more “if this was an error it didn’t matter” type deficiency errors, plus about 7 more mind blowing occurrences that the court refused to make errors, the all White Court ruled that all of this still wasn’t enough to get the Black defendant relief and a new trial.
In Bargery, it was evident that in the eyes of the courts, White defendants matter – with the level of all the evidence against him, the all White Court gave him cumulative error relief.
In the Braswell case it was evident that in the eyes of the courts Black defendants do not matter – with the level of all the evidence that turned up during appeal to back up Braswell’s story, the all White Court refused to give him cumulative error relief.
Vern Braswell verzuz Joshua Bargery: OVERTIME
There was a pending complaint by the Braswell family before the lawyer’s board against the Shelby County DA Amy Weirich which included interfering with witnesses and the judicial process when the Bargery ruling was published. The Braswell family submitted the Bargery ruling to the lawyers board as further evidence that the DA was interfering with the administration of justice, yet the lawyer board did nothing!
Apparently Amy Weirich was Trump before Trump was Trump and the lawyer board was her Republican Senate.
God bless you.
Justice For Vern Braswell
& Black Defendants Matter
Please show your support for Vern being granted a Clemency release:
1) because of the injustices in his case
2) so he can continue working on his prison reform proposals and prison reform research and
3) because of his mother’s rapidly failing health
by clicking the link below to send an email to TN’s Gov Lee & the Clemency Unit. You MUST include your info in the email.
EMAIL THE GOV. & CLEMENCY DEPT
MEDIA COVERAGE OF VERN’S CASE
If you want to join Vern’s family in helping to get Justice For Vern please contact, follow, and visit at J4VernBraswell@afmfm.org
This was composed in conjunction with Black Defendants Matter. BDM is responsible for researching and publicizing the Braswell case.
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Photo by Sushil Nash on Unsplash
Originally posted here.
Reposted with permission.
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