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Markelus Carter Legal Defense Fund
$225 raised
2% of $10k goal
8 contributors
109 Weeks running

My father, Markelus Carter, was wrongfully convicted in what ended up being a six-year-long investigation that stretched evidence in order to do so. The investigation started in 2009, when Kenneth Warrington was murdered. Kenneth Warrington was a man my mother was in a relationship with, and he had been committing adultery with his wife. Further background, this relationship was the reason my mother was initially kicked out of the household, as my father had dealt with her lying, cheating and stealing from him for years.

My father was immediately a suspect in the murder, and the house was searched. None of the firearms in the house had matched the murder weapon and the police claimed to have found drugs (cocaine) in an art desk dresser on a plate (the plate they claim they found it on cannot fit in the dresser door at all). On top of that, the police used no gloves when handling the weapons at the crime scene. The gunshot residue that had been found in clothing in the house was in the double digits (levels so low to not indicate gunfire, as standing in a room where a gun is fired can result in tens of thousands of samples of it). Levels that low could have even resulted from small cross-contamination of police handling the guns without gloves.

 

In 2009, my dad was found guilty of weapons under disability and possession of drugs (with numbers on the reports that changed multiple times). The computers that had been seized were never released (even though they had critical pieces of evidence on them we needed) and our then public attorney refused to do anything my father had told him to in the trial. He was sentenced to three years. He was then charged with possession of child pornography on his computers, but because we never got the computers returned, we had no way to fight these charges. His lawyer at that time, Marianne Sharp, lied to him about information and he pled out to another six months and registering as a sex offender. He was released in January 2014, and shortly after (having lost all of his money over the years), they hit him with the murder charge and he was dragged into custody. We managed to find a few people who worked hard to get a good attorney and went with Jon Paul Rion. Throughout the time preparing for the trial, he had spoken good and had gone over much of the information. We also gave him a phone that proved my dad's whereabouts on the night of the murder (not at the scene)...but he claimed he returned this phone when in reality we never saw it again. The call logs on that phone are critical, and we have no idea what happened to it. The phone had been given to an assistant, Matthew Barbado, and he was fired for unknown reasons during the case. In the subsequent years, we've tried to locate the phone to no avail. During the trial itself, our lawyer had failed to call multiple witnesses that could have worked in my dad's favor, did not challenge their star witness who had fabricated information against my father, had an inmate lie and say he confessed the murder (and they had also locked them in the same holding cell during trial, which resulted in a fight), the camouflage shirt they used as evidence (a witness claimed to see someone with a thick camo hoodie) was a long sleeve, thin shirt with no hood. This did not match what the witness saw the suspect fleeing the seen had.

 

During the trial, the police had introduced evidence that did not exist in any previous report and that our counsel had never heard of or seen before, and that was a Mac 10. Despite this being completely brought up out of nowhere, the judge had allowed this to be admitted into the case. This weapon actually belonged to Carlotta William's (the star witness mentioned above) baby dad.

 

Carlotta Williams was a former friend of my fathers and had at one point been beaten by her baby dad. My dad told her that since the Lima Police would not help her to contact Dennis Bennett of the ATF. Dennis Bennett would have been able to give information on the Mac 10, but our lawyer never called him to the stand, and he would have given information on Carlotta Williams that would have helped our case.

 

Another witness, Della Smith, had been on the phone with my father the morning of the murder and could have told the jurors that he fell to sleep on the phone with her. This could be corroborated by the call logs and her testimony. Because the call logs were not used and she was never even brought to the stand, this was not used.

 

Our lawyer also never used our former attorney, Ken Rexford, as co-counsel (which was recommended because it was a long case and Jon Paul Ryon would no doubt be exhausted during the case). This was also for the sharing of information as Ken Rexford knew a lot about my dad's case. We could not use him as the primary attorney because he was also a witness. However, Jon Paul had minimal contact with him and never even asked about co-counsel.

 

The Lima Police also lied about what I told them. I was asked sometime after my father was arrested in 2009 if he had any guns, and I told them I hadn't seen him have guns in a long time. They said I said he had three guns, which had twisted what I had told them greatly.

 

To backtrack a little, it's also important to note when my father kicked my mother out of the house in December 2007. This was over the Warrington relationship. Her response to this was to flag down the police and lie that he had beaten her (specifically, pistol-whipped her with a metal airsoft gun) and say we (my and my sister, Tarah Carter) were being held hostage. These were both lies, we stayed with our father because we both knew of how malicious our mother was, and she also had no visible marks on her (getting hit with any metal weapon causes immense damage). This resulted in a SWAT Team being called to the house. After a few hours, my father surrendered. There was a custody battle in which she lost as a significant number of her lies had been refuted in court. It was to the point to where the state wanted us to press charges on her for wasting their resources, but we had refused (she was facing five years). The SWAT incident was the precursor to everything I mentioned above.

 

Another critical piece of evidence the police never followed up on was a firearm my mother had and the details of that morning of how she found the body. This firearm was never inquired about or searched for, and could have been a major key into the truth of the case.

 

Another more recent development was the suicide of David Gillepsie of the Lima Police Department. My father had received a letter from him in jail way back in 2009, but didn't recognize the name (he knew nobody by that name) and didn't think much of it until later. The letter had apologized for everything that was happening to my father. Gillipsie was also involved in the SWAT incident and a member of his family (who have the note) said "nobody would believe them about why he did it." I have the link to where this was said and an image to corroborate this, but it is believed that he knew about how corrupt the LPD was.

 

(Link to the video the comment was left on

 

https://www.youtube.com/watch?v=cyPKm3mUjRk).

 

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