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WHAT HAPPENED TO

RIVERA L. PEOPLES

For any conviction to have a solid foundation, the convicted person’s right to due process must be protected throughout litigation.

The entire system fails without the right to due process in federal and state procedures, causing a shaky foundation.

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WHAT IS DUE PROCCESS

WHY IS IT IMPORTANT?

Due process guarantees fairness in the criminal justice system and all of its proceedings. It requires that laws be applied equally and that people accused of a crime have the opportunity to defend themselves. Due process ensures that the government does not deprive the accused of their life, liberty, or property without a fair and just reason. Due process helps to prevent governmental abuse of power. Due process is important because it protects the rights of citizens. 

Essentially, due process is a clause of the 14th amendment that ensures fair treatment throughout criminal proceedings. 

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HOW CAN AN INDIVIDUAL
CHARGED WITH A CRIME

BE TREATED FAIRLY?

The first step in ensuring fair treatment rests in a non biased judge to oversee the trial process. Next, the accused must have a competent attorney who advocates for them throughout the process.

In a Supreme court ruling, Powell v Alabama, 287 U.S. 45 (1932) the United States Supreme Court sums up the importance of effective assistance of counsel, “The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. . . . Left without the aid of counsel, he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he has a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.”

"For the past 15 years I've been fighting for my life and my rights. 
While I’m fighting for mine, I’m fighting for others in my community who are experiencing similar issues.”

-RIVERA L. PEOPLES

TRIAL TRANSCRIPT

State of Tennessee vs. Rivera Peoples Case number. 2010-B-1177
True and exact excerpts of trial transcript

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SUMMARY OF EVENT

WHAT HAPPENED TO RIVERA L. PEOPLES

On April 1st, 2010, Nashville Tennessee Criminal Court Judge Cheryl Blackburn accepted Rivera's older brother and co-defendant Antonio Harris’s guilty plea for the second-degree murder of Mr. Linburg Thompson of Nashville Tennessee. The acceptance of responsibility on the part of Antonio Harris was a step toward the conclusion of this case.
Meanwhile, Rivera's litigation process included a biased judge, malicious prosecution, and a lack of guidance from court-appointed counsel. This repulsive recipe of litigation sealed Rivera Peoples’ fate of being found guilty and receiving a sentence of life in prison.
Instead of relief from a lack of due process, charges were increased with a superseding indictment on June 2, 2010. The charges escalated from First Degree Murder to Attempted Second Degree Murder and Employment of a Firearm during a dangerous felony. This change applied to Rivera along with co-defendants, James Dowell and Brian Moreland. Rivera was determined to fight back against a system that was determined to take his life.
During the arraignment of the superseding indictment, Nashville Davidson County Judge Cheryl Blackburn appointed Nashville Attorney Nathan Moore as Rivera's court-appointed defense attorney.
That day was the only time that Rivera would see and talk to Attorney Moore until his trial date that commenced 90 days later on August 9th, 2010.

While awaiting trial, Attorney Moore never visited Rivera to review the State’s case against him. Attorney Moore never filed any pretrial motions or conducted an adequate investigation. He never reviewed the discovery or attempted to negotiate a plea agreement on the lesser charges. Attorney Moore did not review jury instructions, prepare any type of defense for trial, or conduct an interview with Rivera to, at least, formally introduce himself. Attorney Moore never met with Rivera to discuss his strategy to defend Rivera's life, liberty, and freedom against weighty charges. Rivera was frustrated due to the abandonment of his attorney. It was time for trial, and he had not seen or met with Attorney Moore since the day he was assigned. During the trial proceedings, Rivera respectfully attempted to voice his concern to the one person who was to be unbiased and protect the integrity of Rivera’s constitutional right to fair trial, Judge Cheryl Blackburn. Rivera's respectful attempt to address his concern of his 6th and 14th amendment were met with threats of removal from the court by Judge Blackburn. 

In this case, the State of Tennessee’s argumentative theory rested entirely on the testimony of co-defendant, Brian Moreland.  This was the only direct testimony that placed Rivera on the scene of the murder. Due to the lack of evidence such as Rivera's DNA at or near the crime scene, Rivera was never picked out of a lineup.
Rivera was not identified from the video at the crime scene. Without Brian Moreland’s testimony, the case was nothing more than a theory. Further, the defense counsel failed to adequately impeach Brian Moreland’s testimony with rebuttal statements of several witnesses from the Edgehill community that overheard Brian Moreland give a different narrative of the events leading to the murder that Rivera was convicted of. What’s more surprising is the State of Tennessee was aware that Mr. Moreland was potentially presenting false testimony and continued to allow the presentation of false testimony to the jury.
This is clearly a violation of the law. (United States v Naples, 192 F. Supp.23.) 

As if the aforementioned violations weren’t enough, Rivera’s constitutional right to subject the case to an adversarial testing was violated. Rivera attempted to testify about the statements made by his brother, Antonio Harris, during his plea agreement that would mitigate his involvement in the offense. However, Judge Blackburn chastised him and refused to allow him to refer to Antonio’s testimony. This restriction violated his constitutional right to a defense that made the trial unfair. Rivera’s right to due process was denied. Additionally, Attorney Moore offered no remedy to Judge Blackburn’s refusal to allow Rivera to testify about the guilty plea of his brother. There should have been a subpoena of Mr. Harris’s testament and an opportunity to offer his testimony at Rivera’s trial. This reckless abandonment by Rivera's court appointed attorney ultimately cost Rivera. In addition to violating Rivera's right to fair trial, it restricted
Rivera's right to make a record that can be reviewed on appeal.

A judge’s robe can be seen as similar to the uniform worn by a referee in a sporting event. When they put on that black robe, they become the mediator and the ultimate representative of the law. Their role is to uphold all of the law, and namely, the 6th Amendment of the United States Constitution. Judge Blackburn’s role was to remain neutral, presiding as an impartial mediator, at which she failed.

Intimidated by a clear, obvious, and unnecessary threat from Judge Blackburn to be removed, Rivera respectfully complied and proceeded to trial with an attorney that offered no assistance in his defense.
Attorney Moore was guilty of abandoning Rivera along with a judge who created a hostile environment.
Not surprisingly, he was found guilty and sentenced to life in prison.
Not long after Rivera's first trial, he again proceeded through another unfair and unconstitutional trial on a different indictment accusing him of being "criminally responsible" for the conduct of another. This trial was with the same characters, a biased judge, malicious prosecutor, and the same perjured codefendants. Brian Moreland continued to give perjured testimony. Of course, it yielded the same results.


This led to an additional sentence of 100 years in conjunction with the life sentence.
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Rivera was found guilty and convicted to
a life sentence plus an additional 100 years.

Rivera's conviction was based on his total deprivation of fairness, an impartial judge, inadequate representation, and a skewed trial where a defendant is confronting his accuser.

THE VERDICT

Rivera received life plus 100 hundred years pales in comparison to Brian Moreland’s favorable 10-year sentence in exchange for his testimony against Rivera.

According to Brian Moreland, (who had prior convictions), Rivera's attorney again abandoned him when he failed to confront the State’s witness or inform the jury of key impeachment evidence. Prior to testifying for the State, Brian Moreland pleaded guilty to 'criminal impersonation'. Criminal impersonation in Tennessee is a person who, with intent to injure or defraud another person, assumes a false identity; pretends to be a representative of some person or organization; or, pretends to be an officer or employee of the government. Rivera’s trial attorney foolishly failed to impeach the State’s star witness or inform the jury of Brian Moreland’s history of dishonesty.Eventually Brian Moreland would again change his story and version of events by admitting his testimony against Rivera was not true and motivated by the leniency he expected in return for his testimony.

Sentencing disparity is “a form of unequal treatment in criminal punishment that is unfair and disadvantageous in consequence". When imposing a sentence, the court must consider the need to avoid unwarranted sentencing disparity among defendants with similar records who have been found guilty of similar conduct. According to United States v. Boscarino, 437 F.3d 634, 638 (7th Cir. 2006), a defendant's sentencing is unreasonable if there is a disparity with the sentence of a co-defendant. Therefore, Rivera’s sentence should have been similar to Brian Moreland’s sentence of 10 years or no more than 15-20 years.

Obviously, Rivera was gravely oversentenced.Every individual adversely affected by the criminal justice system is entitled to consultation with his or her attorney. It does not matter if the attorney is court appointed counsel or hired counsel. There should be a reasonable time for counsel to prepare the case for trial and meet with whom they are representing. Denial of these rights is a denial of a fair and impartial trial. All of these factors working together laid the shaky foundation by which Rivera has to fight to get his case overturned. 

In 2013, the Tennessee Board of Professional Responsibility filed charges against Rivera's trial Attorney, Nathan Moore, for misconduct. These charges stemmed from investigation into his misconduct and mishandling of several of his clients' cases. Nathan Moore eventually plead guilty to several violations in connection to his handling of Rivera's case including due diligence and communication, among other violations. Despite the findings of Nathan Moore’s faulty counsel, Rivera did not receive a new trial. Rivera's conviction should be reversed based on the findings that the defense counsel failed to subject the prosecutor’s case to meaningful adversarial testing. Additionally, under United States v Chronic, 466 US648 (1984), there is no need to show prejudice. In addition to Nathan Moore’s faulty representation, the District Attorney assigned to both of Rivera's cases was sanctioned for withholding vital evidence in other criminal cases in Tennessee.

All of this cumulative evidence was presented during the post-conviction proceeding before Judge Blackburn. Yet, Rivera was still denied. 

WHAT'S HAPPENING NOW

 Currently, Rivera Peoples has filed a 2254 in federal court and is awaiting a decision.
The shaky foundation can be corrected by rebuilding the foundation with a new trial.
The goal is for Rivera to obtain adequate representation before a new impartial Judge.

HOW YOU CAN HELP JUSTICE

The Davidson County District Attorney has the option to provide justice on their own motion, request a new trial, provide a sentence reduction, or dismiss the indictment.
Judge Gleeson, a former federal Judge and advocate of justice in the criminal system stated, “The powerful United States Attorney Loretta Lynch has put to use……inheres in our adversarial system. It is the power to seek justice after all appeals and collateral attacks have been exhausted..."
Even in these circumstances, a prosecutor can do justice by the simple act of going back into the court and agreeing that justice should be done.”
(United States v Holloway; United States District Court. E. D. New York July 28, 2014)
This case requires the support of the world to spread the word about this injustice and implore the Davidson County District Attorney to thoroughly review Rivera's case in its entirety and provide relief of a new trial, or a reduction of sentence that results in time served or in the alternative complete dismissal of the indictment.

SIGN THE PETITION

To those whom advocate for innocent people faced with wrongful convictions:

We ask you to review the documentation, and decide for yourself if you think this verdict is just, or at a minimum, if it warrants a fair trial. 

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Let this petition serve as an introduction to a brother, father, and a greatly missed son. Rivera Peoples was 18 years old when he was wrongfully convicted by our criminal justice system. His conviction of criminal responsibility for the conduct of another landed him a sentence of life plus 100 years. 

 

He has maintained his innocence, and is only seeking to have his fair day in court after almost 15 years wrongfully incarcerated.

 

Rivera was denied a fair trial. His judge was extremely hostile and biased towards him. Rivera's trial attorney and prosecutor knew that he was innocent. Yet due to the shaky foundation of his conviction, Rivera faced the injustice of his life and freedom being taken from him. Imagine him being buried alive in prison. Proof of Rivera's innocence and receipts of the injustice he endured is well documented.

(free our peoples link)

   

Rivera was impacted by false perjured testimony of leniency seeking co-defendant Brian Moreland. Another co-defendant and Rivera’s biological brother, Antonio Harris, is on record telling the truth of Rivera's innocence. The judge would not allow the mention of this evidence establishing Rivera's innocence. Therefore the lies prevailed while the desire of the court with its hidden agenda to convict Rivera were revealed.

 

The reality of Rivera's poverty meant chances were he would not have a fair trial and he didn't. A biased judge, an unethical prosecutor, and a ineffective attorney, who never met with Rivera to prepare a proper defense were the authorities guiding this show. It was beyond unconstitutional to allow evidence of Rivera's innocence to be excluded from being heard by the jury. Trial Judge Blackburn abused her authority several times in this case assuring Rivera would be convicted and sentenced unjustly.

 

Rivera has not become bitter, but better, making it his goal and lifestyle to become so much more than the trash he was attempted to be made out to be. Obtaining his paralegal certificate, authoring his first book, maintaining a positive and healthy relationship with his children are all many of the reasons true justice should be served in this case. 

Sign Our Petition for Justice

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Thank you for helping us fight for justice!

The above petition is in support of Rivera's quest for freedom. 
Let’s call on legislature in Tennessee to bridge the gap of ensuring that everyone charged with a crime is ensured their right to due process to prevent injustices like Rivera experienced.
Special thanks to Ms. Marsha King of 13th Liberation for her contribution and articulation of the law as it relates to Rivera's case.
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