Hi, my name is Demetrius Bowers, and first off let me thank you for taking the time out to read this!
I was wrongfully convicted through DNA Evidence in 2013 for 8 Hobbs Act Robberies, and 8-924 (Ctr.) brandishing a firearm during a crime of violence by the Feds, and sentenced to 193 years, and 8 months. My DNA was found on a ski cap that had been altered 175 yards away from the initial charged crime scene. There were also at least 6 different other DNA contributors found on the altered hat. The DNA Expert testified there’s no way to determine who last possessed the altered hat or I which DNA was contributed after or prior to being altered. The victim testified at trial that the mask used during that robbery had a mouth hole, that he could see lips, and skin around the lips. He also gave a statement 9 months prior to trial after the robbery that the mask had a mouth hole. The altered hat had no mouth hole, and there was only one robber.
After the K-9 Unit couldn’t pick up a track in front of the store the K-9 Officer put the K-9 up, said he started just walking around, and about 60 yards away he saw something on the ground, went back to get his K-9, and basically walked his K-9 to the altered hat.
There was no evidence in any of the remaining 7 charged crimes that I was identified through period, and no victims or witnesses that fingered me. I represented myself through a 7-day trial, and none of the victims recognized my voice.
When the Judge had doubt about the jury being able to convict me of all 8 crimes the DA argued the Jury could draw the inference of identity from all 8 crimes as a whole, and me being the major contributor as to who last possessed the hat and supported it with 404 (b) Fed. R. Evid. Case Law. The DNA Expert testified regardless of me being the major contributor any of the at least 7 DNA contributors could have been last to possess the altered hat.
None of these offenses were offered under 404(b) Fed. R. Evid. For MO purposes, and none could have met the requirements. How 404(b) Fed. R. Evid. Works is if there’s proof I committed one of the crimes then that crime is offered under 404(b), and if that crime met the requirements the jury can use the MO from that crime to see if the MO for each additional crime match to help them establish identity, but that’s not the case here. In the denial of my Rule 29 Motion for Judgments of Acquittal, my Direct Appeal, my 22-55, and my COA on April 2, 2021, they’re justifying that the jury was able to draw the inference of identity from the remaining 7 charged crimes where there’s no evidence period. I was identified through to allegedly help them establish identity in the only crime had some inconclusive evidence that I was identified through. Had I not been identified as one of at least 7 contributors in the initial charged crime there’s no other evidence period in all eight crimes that I would still have been identified through. Identity was at issue in every crime, if it wasn’t, there would be no need to take 7 crimes where there’s no evidence I was identified through to allegedly help establish identity in the only crime had some alleged evidence I was identified through. My Direct Appeals Attorney’s failed to demonstrate that in a separate trial none of the remaining 7 offenses would have been admissible under 404 (b) to be used for MO purposes as to the initial charged crimes identity, and vice versa, and challenge the admissibility of it. Which is the only way they’re justifying there being sufficient evidence for a jury to convict me. When I put my 22-55 in demonstrating all this, the Government changed their 404(b) stance, and supported it with a different doctrine, because they knew they couldn’t meet the evidentiary requirements, and the 404(b) argument had been a decision to convict me using the evidence, and alleged evidence in ways inadmissible. Though none of the offenses were offered under this New Doctrine during trial, because they’re still subject to Fed. R. Evid. 403 Analysis. My 22-55 was still denied, and my CDA just recently denied.
I’ve been in the Box (SHU) Special Housing Unit confined to a cell due to a hit on my life for the last 6 years which followed me from the free world. I have limited access to the Law Library, little to no experience with the law, and litigating. They have stopped us from being able to order magazines, books, newspapers, and even writing paper only giving us 5 sheets a week. We can no longer have writing pens, it’s rubber pencils. We can’t have radios. No more pictures. We can’t even have soap in our cell in the middle of a COVID Pandemic.
I need help putting a Certiorari together for the Supreme Court. I’m going to file a Motion to the United States Court of Appeals for the 11th Circuit for reconsideration which will likely be denied, and I’ll only have 90 days from that point to file it.
I’ve read that you can ask the Supreme Court justice over your Circuit for an extension, but it’s usually only 30 days. I’d appreciate any, and all help please. I know it’s a slim shot, but the issues I have are unprecedented, and there’s a DNA Case in the 4th Circuit like mine where it was overturned due to multiple contributors by the name of Antonio Bonner 2009, and 2010. 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 concerned 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 Analysis 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 new protocol some who had statistics of less than one in a million from the old protocol was now only 1 in 30 something or 1 in 40 something so it was a significant probability that it could be someone else’s.
As of now April 18, 2021 I need help putting this Certiorari together, and getting it in. Any other avenues that may be available to me I’d really appreciate you helping me take, because these people not playing fair, and I don’t know where to go from here. I just wanna go home to my family, my new granddaughter, no longer be trapped in the box, and dealing with a nasty cold-hearted Administration, and suffering prison abuse by CO’s, which have left scars on my body just because I didn’t wanna die, and requested to go to the Box so I’d be safe. Again I really appreciate you taking the time out to read this, will forever be in debt to you for your help regardless of the outcome. I’m definitely an investment that you won’t regret and will be looking forward to hearing from you. My Case # is 8:12-CR-550-T-35TGW.
Have a blessed life.