John Byrd. Innocent and Executed by the State of Ohio

 Letter from John Byrd to Governor Taft.

Governor Taft;
I realize this may very well be a futile attempt to try and make you reconsider your previous decision to permit my state sanctioned murder to be carried out in the very near future. I also realize that this is an election year and you have very close ties with Hamilton County and the Hamilton County prosecutors office. However Governor, your Hamilton County brethren and the Ohio Attorney Generals office have purposely misled you and have drawn you into becoming a active participant in carrying out the murder of an innocent man. I am more innocent that anyone consciously wants to believe or realize. To make a
innocent man guilty relieves the responsibility of those bidding for his death in a unorthodox troubling method of thinking. I am not necessarily requesting you to grant me clemency.  What I am requesting - Is that you take on the leadership role to grant a reprieve and request for a federal investigation into my conviction. You have a responsibility, not only to yourself and the oath you have taken, but to the citizens of this state to prevent a miscarriage of justice. Even the United States Supreme Court has stated how important your powers are in a case as seriously flawed as this one. Clemency shouldn't be a arbitrary practice when the judicial system has failed, the Governor shouldn't. The system has clearly
failed in this case. See attached the amended order of the 6th circuit court of appeals. Exhibit (1) which  clearly states this is a mortal miscarriage of justice. Also Exhibit (1)(A).

Governor, once the Jerry Springer antics are removed and the smoke has been blown away a troubling picture begins to emerge. Your brethren have led you to believe that there is physical and scientific evidence against me. However I can show you by their very own reports that is not true. I can show you that they have committed gross misconduct and used testimony that they knew was perjured and vouched for. There is no evidence that places me inside the crime scenes. My finger prints nor shoe prints were found at the scenes nor on anything. My hair was not found in any of the mask. I don't fit any of the descriptions given. My conviction is based on perjured testimony the prosecution knew was perjured and have been doing a effective job of concealing ever since. But than again, when the trial prosecutor (Danny Breyer) is the brother of the postconviction prosecutor (William Breyer) this is easy to do. William Breyer has been covering up for his brother for many years now. It must be a wonderful thing to be from a county where it is common practice for the postconviction prosecutor to author the findings of facts and conclusions of law for the postconviction judge to accept in toto, knowing full well all other following courts will accept this findings as well.  But let me take you back to the evidence.
See Exhibit (2) the official crime lab report. No hair nor shoe print were found to be mine. However they were found to be that of my co-defendant.  The two suppose specks of blood found on my pant leg, was not that of Mr. Tewksberry. see Exhibit (2)(A). Mr Tewksberry's blood was determined to be group "0" of the ABO system. Q-24 as you'll note are my pants. Q-20, Q-21 was clothing removed from my co-defendant Wm. Woodall.  Q- 26 was the drivers seat. The lab report states: "Test for the presence of blood and the presence of human protein on the stained portions of the sweater Q-20, the slacks Q-24 and the stained specimen Q-26 were affirmative. The "H" antigen was detected in the stained areas of Q-20, Q-24 and Q-26. Mr.Tewksberry's blood did "NOT" contain the "H" ANTIGEN!"  Nineteen years ago this finding would of been as good as any DNA testing performed today - However this fact was withheld from my trial jury. They was led to believe that Mr. Tewksberry's blood was found on me. What was also withheld was the testimony adduced at Woodall's trial, was that he was bleeding from a head injury that day. The state has conceded during my appeals that this was not Mr. Tewksberry's blood, the murder weapon used at trial was indeed not the murder weapon. However none of this was placed before my trial jury.  They was misled to believe this false evidence.

It can be shown that on three separate occasions trial prosecutors Danny Breyer and Carl Vollman knowingly solicited perjured testimony. Referring you back to Exhibit (2)(A), trial prosecutors had
states witnesses Dennis Nitz and Jim Henneberry identify a knife as being the knife they had seen.
Prosecutors knew this was false and led my jury to believe otherwise.  See Exhibit (2)(A). Q-27 was the door removed from the second crime scene. Jim Henneberry said he was chased to the back of the store, at which time he locked himself behind a door that the perpetrator stabbed with the knife he was holding. Q-1 is the knife Henneberry and Nitz identified. The lab report states clearly, "The hole in the door Q-27, was not made by the point of the knife Q-1 .  However this was withheld from my
trial jury and they were misled into believing otherwise.

It is amazing that right after the crime, Jim Henneberry couldn' t remember nor identify anything.
Same as when he testified at the probable cause hearing. It is even more amazing how his first statement given to police right after the crime vanished, but at my trial some months later he developed
his amazing memory. However it was perjured and mistaken. Henneberry testified at trial that the man who chased after him had on a red and black jacket. At Woodall's trial (Both of my co-defendants were tried before rne.) he testified the man with the knife that chased him was thin and about five feet to five foot eight inches tall, around 150 pounds with brown hair. Nitz testified the man chasing after Henneberry was wearing tan or brown pants. At the time of my arrest, I was placed around 6 FEET. (I am actually a inch or two taller) A 180 pounds with blue eye and "BLOND" hair. See Exhibit (3).
I was also wearing blue slacks, Exhibit (4) and a blue and white striped sweater Exhibit (5)

Mr. Tewksberry identified his assailants as being white. He could tell they were white because they didn't have on gloves and he could see their hands. (Isn't it odd that a phone could be removed from a wall and no prints found?) He also identified one as having on a plaid shirt. Police reports will show that after this description was give by Mr. Tewksberry, they were indeed looking for a suspect wearing a plaid shirt. Before this critical information was released to the media, a confidential informant notified police and identified Robert Pottinger as wearing a plaid shirt, always wearing a plaid shirt. Exhibit (6) This as well was withheld from my trial jury.  Pottinger became a working snitch for the prosecution to save himself from a murder charge did come forward and on his own started making confessions in interviews to Mr. Robert Fitrakis. Pottinger also admitted that while he was being held in a juvenile institution he was being threatened to continue to cooperate or face murder charges. In light of this withheld evidence Mr.. Tewksberry himself exonerates me!  The evidence placing my co-defendant at the scene, the confidential informant identifying the plaid shirt and Mr. Tewksberry' s very own description of a plaid shirt speaks for itself! I have been at a disadvantage over these matters for various reasons. I have no memory to the events of that tragic  night due to being incoherent and unconscious during the time. Even the detectives at the time of my arrest said they placed me a holding cell to sleep it off, that I was in no condition to be interviewed. Some nine hours later I woke. A number of witnesses have stated,
or made statements to the effect of alcohol and different drugs I had ingested through out that day and night. However with what I have read and judging by the actual evidence and people coming forward and admitting their guilt, the picture of that night is becoming clear. At the time of arrest, Woodall and Brewer had a large amount of small bills consistent with the moneys taken in both robberies. Woodall admitted around the time of being interviewed by detectives, that he knew there was going to be robberies, however he didn't want anything to do with sanething as heavy as a murder. When I was arrested I had less then five dollars. A substantial share of the moneys taken was missing, along with a key suspect ignored to a degree in order to be used as a informant. The only physical evidence the state tried to use was that I had a watch that (COULD) of been Mr. Tewksberry's. However at trial this couldn't be produced, because it was a false outlandish lie! The only thing the prosecution presented was a photo copy of a index card, and an excuse that a mistake had taken place. Are they saying they are
a bunch of key stone cops? If this was indeed true the prosecutor could of at least presented a original copy of the index card and not a falsified photo copy of one.  As stated by the evidence shown thus far Governor, the states evidence,  there is no evidence against me, physical or scientific to show, let alone prove I am guilty of these crimes. What the evidence does show is that others have committed these crimes and that I am innocent. Once I am murdered life can not be placed back into my body. The system shouldn't be permitted to protect itself against what it has done to me at the expense of my life, nor another day of my freedom that has been so unlawfully taken from me for nineteen years! Your brethren have lied to you and are using you Governor. They have misled you into doing their bidding to commit murder. Murdering me will not make this ugly chapter in Ohio's history go away. People will not permit it to go away. It will hurt you politically with the voters if you stand up with the "moral fortitude and do the right thing. The state of Ohio knows you will carry out a execution. But are you willing to carry out the state sanctioned murder of someone with such a strong showing of innocence, a conviction that is so tainted with corruption and misconduct it cry's out? I guess that is still to be seen.

Governor, now lets look at what my conviction is actually based on. Even the courts have agreed, Armstead, the states key witness was indeed the key to my conviction. Breyer and Vollman knowingly solicited perjured testimony from Armstead and in turn vouched for his creditability. Virgil Jordan and Ronald  Armstead got Hamilton County prosecutors their capital indictment and conviction by lying and working together. Virgil Jordan was a known and long time snitch for Hamilton County prosecutors.
Used to testify before grand jury's to get indictments, set up drug bust and generally, just snitch on anything and everything he could. Carl Vollmnan had used Virgil Jordan in the same function as he did in my case. To work as a agent on the prosecutions behalf and testify before the grand jury. see Tolbert V. Jago, 607 F. 2d 753, 755 (6th circuit 1979) Also see Exhibits (7) and (8) affidavits of Jordan's very own brother and sister as to how he worked with police and prosecutors Virgil Jordan lied before the grand jury for Carl Vollman once again and obtained a indictment for him. Jordan was working as a agent for the Hamilton County prosecutors while he was being held in the Cincinnati workhouse. See Exhibit (16)  Once Jordan was suppose to of obtained suppose information from defendants, he testified before the grand jury on 5,20,83 and a court order was obtained by prosecutors to have him removed from the workhouse and placed in the county jail. Exhibit (16)(A) Jordan testified in Brewer's trial that he was
present during the airing of a P.M. Magazine segment that included the Tewksberry family and admissions were made. Exhibit (16)(B). There is one very clear problem with this, Jordan was removed
from the workhouse by court order obtained by Hamilton County prosecutors on the 20th of May 1983.
Exhibit (16) Ronald Armstead testified during my trial that suppose admissions were made during this same said airing. This batch of lies goes to show the established pattern of story lies put together by Armstead and Jordan.  The tell, tell of this plan to work with Hamilton County prosecutors and to do whatever it took to get play on their own pending cases and parole violations is the affidavit of Marvin Randolph.  Exhibit (10) Randolph was a part of this concocted plan. Some years back, Jordan had admitted to a attorney how he had received and been receiving favor with his crtminal cases and moneys from the Hamilton County prosecutors office - (furtherance of justice fund).   However at the time he was fearful of signing a affidavit because it may have affected him receiving a parole.  An affidavit was made out in support of this statement, by the attorney this statement was made to. I do not have a copy of it at this time, but will receive a copy it you so wish, It is a part of the record.

Ronald Armstead and Virgil Jordan worked the system in order to get what they wanted, and Hamilton County prosecutors worked right along with them. Exhibits9)(10)(11)(12)(13)(14)(15). Ronald Armstead lied at my trial, not only about the supposed admission but also about his pending return to prison facing up to fifteen years. Danny Breyer and Carl Vollman knew he was lying, however instead of correcting his lies, they vouched for his credibility supporting his perjury. You are from Hamilton County Governor. I don't need to tell you how the racial divide is. Back in 1983 it was even worse than it is in the headlines today. In the workhouse whites and blacks were even more self segregated off.  I did not associate with black prisoners.  I did not hardly associate with anyone period. Exhibits9)(10)(11)(12)(13)(14)(15). Everyone knew that Armstead and Jordan were working for the prosecutors office.
Exhibits (9)(10)(11)(12)(13)(14)(15). Because I wouldn't associate with blacks Armstead and Jordan were having a hard time getting information and resorted to making things up for the prosecution. They were liars and junkies working for a deal and bragged about it after they worked with the prosecutors.  Exhibits (9)(10)(11)(12)(13)(14)(15) Even Judge Merz  found the workhouse witnesses creditable.  Danny Brayer testified that a fight had happen in the bull pen at the county jail, and that Armstead was a part of this fight. His testimony has help to establish Exhibit (17) as being truthful. The affidavit of Jim Bayer. Bayer states that three or four black guys was in the bull pen with him.  Breyer himself places one of them as being Armstead. Bayer describes the other as Virgil Jordan.  See Exhibits (7)(8) Of Virgil Jordan's brother and sister describing his gold tooth. Boyer witnessed Armstead and Jordan bragging about how they were going to see to it that I fry!  Exhibit (17) He also witnessed a fight that broke out and he got hurt. Exhibits (17)(A)(B)(C)(D)(E). As stated, Carl Vollman and Danny Breyer solicited and vouched for Armstead's perjured testimony. Armstead testified falsely as to having anything pending and that he would be getting out in a couple of weeks. On 12,20,82 Armstead was declared a parole violator and was to be returned to prison - Exhibit (18). On 8,2S,83 it was found that there was no mitigation which warranted any other course other than a return to the institution.  Exhibit (19) However on 8,19,83 the wheels were in notion to get Armstead out. He was being released a month early from his county jail time. He had assisted the Hamilton County prosecutors in a murder case, and it was recommended for him to be released, please call Clarke. Exhibit (20). On Exhibit (18)   there is a note that reads, Armstead testified in a murder case, advise Terry Taylor of circumstances. Exhibit (21) speaks for itself. Ronald Armstead testified in Byrd case. Hamilton County prosecutors called indicating same. Being returned to parole out at 10,26,83 should be placed in Ca. Exhibit (21)  Hamilton County prosecutors are trying to make you and Others believe that there was no agreement between them and their snitches - This should be viewed as an insult to your intellect. A few days following my conviction Armstead wrote a letter of congratulations  to Danny Breyer as to the outcome of the trial. He also stated, "Now we want to get our time straighten out." I just seen my parole officer he said give him a call." Exhibit (22) Clearly Armstead expected Danny Breyer to act on his behalf - And Breyer did. By a phone conversation and a written letter to Mr. Clarke. Exhibit (23). Breyer clearly states that if it wouldn't of been for Armstead my prosecution would of concluded with a much less favorable result. Exhibit (23) when Armstead grew impatient and felt Hamilton County prosecutors weren' t moving quick enough he wrote another letter. Making it clear that he was still sticking to his testimony, however this time he laid a threat in the game of his own. He stated that he had instructed his mother to go to the FBI and media. That he knew how to help himself. From that moment on all rules were broken pertaining to the releasing of prisoners going out on parole. ( (

Not only did Armstead get out, but he was flown to Ca.   Prosecutors have said that Armstead's mother had paid for his plane ticket Exhibit (24) This simply is not true. Mrs. Armstead has denied paying for
any such ticket. Exhibit (25). Armstead's brother stated that he never received any paper work, (A PAROLE PLAN AS REQUIRED) pertaining to his brother being paroled to him to live in Ca. Armstead's brother stated that all he received was a phone call from Hamilton County prosecutors asking him if he would accept Armstead  He also stated that he had not purchased Armstead's plane ticket. Exhibit (26).  As stated, this is not the established procedures made, not taken by the parole board when releasing a prisoner on parole, let alone a violent prisoner being placed out of state. Even Arrmstead admitted he did not know where the plane ticket came from. That he had never seen a plane ticket. That a guard had taken him to the airport and placed him on a plane. Exhibit (27) Someone has been protecting Armstead ever since he was released from prison. He has had a number of serious offenses that for one reason or another have found their way of being dismissed. It is believed that Hamilton County prosecutors have been protecting Armstead to be keep him quiet as to their deal being made with him. When my counsel attempted to contact Armstead, he made a threatening call to the Public Defenders office informing than that he had friends in high places and if they didn't back off things could happen to them. Exhibit (29). Mr. Clarke, one of the key players in arranging Armsteads release with Hamilton County prosecutors lost his job with the parole board under a dark shadow and spent time in a federal prison. Mr. Clarke has information, however for some reason he is fearful with coming forward and disclosing the information he has. Only a federal investigation will help to bring this information out. Tha Armstead timeline is interesting to look at as well. Exhibit (29)

Although Judge Merz did not believe Brewer, he did believe Brewer confessed to other prisoners. He did find Benny Fields and Rodger Hall to be truthful.  If the other affiants would of been heard as to Brewer's confession I submit he would of found them to be truthful as well. Thus I am attaching their affidavits as well. Exhibits (30)(31)(32)(33)(34)

Governor, you have been lied to and misled by your brethren, so was the parole board. I question just how much fairness I received with the parole board given their involvement with Hamilton County prosecutors during the time of Armsteads release. However aside from that,  they were still misled and
based their recommendation on the misrepresentation of the actual facts and evidence. What I have
placed before you Governor speaks for itself. What should be being considered here is not you
permitting me to be murdered, but that my sentence should be commuted to tine being served and this nightmare my family and I have been forced to live ends. At the very least you should grant a reprieve and order a federal investigation into my conviction and the way Hamilton County has handled this case. I know that this is very unlikely to happen. I also realize that by making such a suggestion is the same as me pointing a loaded gun to my head and pulling the trigger. I know of your ties with Hamilton County and their prosecutors office. You are one of their brethren. But Governor, how can you not act? This is their evidence I have shown you, their misconduct, their lab results. Someone has to take responsibility here, and make a responsible stand. My innocence is shown. Don' t permit a innocent man to be murdered on your watch Governor, we all must face judgment some day before god. Don' t be judged the way you have judged me. There is a stench illuminating off of this case, don't let it stick to you. I realize
I have made a few typing, grammar and spelling mistakes within this writing, please overlook them, and
seriously look at the facts presented as they are.

JOHN WILLIAM BYRD

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