M.D.F. writing from Kentucky
“I was 15 years old when all this happened and regardless of how much responsibility you feel I should bear, I have spent 35 years in prison which by any standard [is] being held accountable... I don’t think life for juveniles is just and I believe we can do better.”
Location
Powell County, KY
Crime of Conviction
Murder
Year of Conviction
1988
M.D.F. was just fifteen years old in 1982 when he was charged with a murder for which he eventually received a life sentence. M.D.F. claims various factual inconsistencies with regard to the alleged murder. For example, he says that another person had been charged with the murder before he was, and that a witness claimed to have seen that person commit the murder. M.D.F. further says that seven other witnesses saw the murder victim after the date and time that M.D.F. is alleged to have killed him. Another person involved with the murder eventually testified against M.D.F. in exchange for immunity, leading to his life sentence.
M.D.F. alleges various other issues with his proceeding, including suppressed evidence permitted in the jury room and a plea deal that was never communicated by defense counsel to M.D.F., only to his father. M.D.F.'s trial lawyer also failed to file a notice of appeal. His direct appeal was permitted belatedly after more than seven years, but because of his trial lawyer's failure to file a notice of appeal, all of the trial transcripts in his case were destroyed. M.D.F. appeared before the parole board as an adult, but received a "serve out," turning his sentence into a de facto life without parole sentence. M.D.F. has now been incarcerated for almost forty years.
Procedural issues
Ineffective assistance of counsel, loss of evidence, de facto juvenile life without parole
Counsel
Yes