Why Oscar Clifton is innocent - in its most compact form
Dec 5, 2020 4:37:48 GMT
steelbike likes this
Post by johnnyhands1 on Dec 5, 2020 4:37:48 GMT
Oscar Clifton is innocent…because he told his attorney the next morning, less than 24 hours after the events, about witnessing the freezer loading and Frank Thomas’ “it’s about time you showed up” quote. 12-26-75 says they have the Dec. 27, 1975 morning intake notes made by defense attorney Donohue in their possession - which details Oscar’s alibi of being on Garden St - not perving two different other girls miles away, who eventually testified against him at trial. How would Oscar know about the Garden St. events involving people he didn’t know - if he wasn’t there. His time after arriving home in the 4 o’clock hour that day (after the kidnapping and murder was committed) don’t allow for him to go hunting in Visalia for an alibi - he was around other people the entire time from four o’clock hour , other than a short 1/4 mile drive around 5pm to his nearby in-laws to meet his wife, until he was arrested in the early AM of December 27.
SUPPORTING DETAIL:
Defense investigator Pettyjohn, a few days later on December 30, 1975, based on what Oscar told attorney Donohue the next morning, asked Thomas about the “it’s about time” comment and Thomas confirmed he had said it. He also said that at that moment, because the freezers loaders were “almost an hour-and-a-half late” he looked at his watch and it was around 3:15pm. He told the same story to TCSO Sgt. Byrd six months later, and he said about looking at his watch, “one hand was on the three and the other hand was a little before 3 or after it.” He also told Sgt. Byrd that Pettyjohn asked him first about the “it’s about time” comment and the freezer loading, not the other way around, as the prosecution claimed.
It wasn’t 2:15pm as some have said because the agreement between Thomas and the freezer loaders was to arrive between 1pm and 2pm, that’s what made 3:15pm “an hour-and-a-half” late. I believe Thomas was a man looking at his watch that day because he was expecting the freezer loaders to arrive any time for over two hours. He was also expecting out-of-town company to arrive that day as well.
Also, one of the freezer loaders’s wife testified that she was dropped off at a Tulare hospital at 2pm, and the freezer loading trio then went to Mrs. Kelly house in Visalia before going to Garden St. to pick up a different freezer. So they couldn’t have made it to Garden St. by 2:15pm (the drive from Tulare to Visalia, the loading of Mrs. Kelly’s freezer, then driving to Garden St could not have been done in fifteen minutes.)
Bill Rose, owner of the Garden St. rental house that Oscar was working on, said he was at the house between 2:30 and 3pm and he didn’t see any freezer loading.
Gene Owens saw Oscar’s truck at around 2:55pm and leaving around 3:05pm in North Visalia. He didn’t know for sure it was Oscar’s truck at the time, but when Oscar called him on Dec. 27 after being arrested for kidnapping but released on bail, he told Owens exactly what he was doing while Oscar was driving past him. Owens was convinced it had to have been Oscar.
One person who wasn’t looking at his watch was Oscar Clifton himself, apparently. He said he was at Garden St. around 3:40 pm (but it must have been 3:15pm if he heard Thomas make the “it’s about time” comment and give details to his attorney the next morning.)
EDIT: the Tulare County Conviction Integrity Review says Clifton testified at trial it was between 3:30 and 3:50 when he arrived at Garden St.
www.facebook.com/December261975/photos/a.2223110034627608/2223110137960931 (page 7 of 8)
Why didn’t Oscar know about Frank Thomas verifying the “it’s about time” comment and the freezer loading details and the 3:15pm time? 12-26-75 says that attorneys can’t share evidence they gathered with their clients as that would leave them open to suborning perjury, so Oscar had know idea of what supporting evidence there was (all the the things above) - until trial. Any attorneys out there who can refute that?
The freezer loaders gave times in the 2pm hour at trial, but the evidence points to it being 3:15, not 2:15 - and they weren’t looking at their watches apparently either.
So you can believe the two young women Oscar supposedly perved, at the times the prosecution said he was at two disparate locations, but you’d have to not believe all the defense-bolstering witnesses. So you have to believe one group of witnesses and not believe another.
There wasn’t enough time for Oscar to drive to all the locations involved in the crimes that day, on the prosecution’s timeline.
There’s a lot more - to flesh out even more about I’ve laid out above, as well as uncalled witnesses to Oscar at Garden St., undisclosed evidence to the defense, shenanigans with the physical evidence, coercing/threatening of prosecution witnesses, illegal destruction of evidence, and more. Plus a defense team that was either incompetent and/or corrupt. Oscar’s alibi was never laid out to the jury.
If you believe Oscar wasn’t at Garden St. at 3:15pm, then you have to explain the attorney notes I mentioned above - and all this other evidence. Though some on these message boards have claimed to have discussed the Clifton case ad nauseam, if you haven’t explained the next-morning attorney notes with Oscar’s witnessing of the Thomas “it’s about time” quote and the freezer loading and what time it happened, you haven’t really discussed Oscar's alibi at all.
To believe Oscar Clifton is innocent is to completely disregard the victims' testimony.
In essence, you are inferring they are liars.
Can you explain how you came to this conclusion?
innocenceproject.org/eyewitness-identification-reform/
Side note: the Innocence Project was working on Oscar Clifton's case, until they finally found out in 2003, after many court orders to turn over the evidence, and lots of hemming and hawing by the parties who held that evidence, that Sgt. Byrd had illegally ordered destroyed just about all of the physical evidence - that could have been tested for DNA. With nothing to test for DNA, they had no choice but to drop the case.
I'm neutral on the 1965 convictions, but still wondering how Oscar knew about the Garden St. events the very next morning if he wasn't there.
Also, Red, are you calling Frank Thomas, Gene Owens, Bill Rose liars? And don't forget suppressed teenage witnesses Johnny Guerber and Brent Trueblood - who told Sgt. Chamberlain in sworn statements in June 1976, that they saw Oscar at Garden St. and his truck across at the time of the freezer loading.