Shockingly, Howard Morgan, a former police officer, was found guilty of attempted murder of the 4 Chicago cops that shot him 28 times (21 times in his back). Mr. Morgan miraculously lived and was acquitted in 2007 on two counts of aggravated battery with a firearm and one count of aggravated discharge of a firearm. Why would a 60 years old former officer with no criminal record, only minutes from his house, open fire on 4 heavily armed policemen? How can he be guilty of attempted murder, if he was acquitted for firing his gun? Mr. Morgan’s family has vowed to keep fighting. Below is a statement they’re circulating highlighting the many inconsistencies in this travesty of justice. Please sign the petition and do whatever you can to help.
FREE HOWARD MORGAN
Acquit Him of ALL Charges
Howard Morgan, a former Chicago Police Officer before spending 13 years as a Railroad Police Officer for the Burlington Northern Santa Fe Railroad, pulled over on his way home the morning of February 21, 2005, because he saw a police car behind him and was letting it pass. To Mr. Morgan’s surprise, he discovered that the police had stopped him for an alleged traffic violation.
Though identifying himself as a police officer, Howard Morgan was forced from his vehicle and shot 28 times by four white police officers. 21 of those shots were administered to the back of Howard Morgan’s body. An independent eye witness testified that Mr. Morgan never fired a weapon. A jury acquitted Mr. Morgan of the charge of aggravated discharge of a firearm. How then, could Howard Morgan, by any stretch of the imagination, be guilty of four counts of attempted 1st degree murder of the police officers who shot him?
When originally tried in 2007 for the Feb. 21, 2005 incident; Howard Morgan was charged with four counts of attempted first-degree murder, three counts of aggravated battery with a firearm and one count of aggravated discharge of a firearm.
In 2007, a jury acquitted Mr. Morgan of the two counts of aggravated battery as well as the count of aggravated discharge of a firearm. However, the jury was hung on the other five remaining counts; after which Judge Clayton Crane, the presiding judge, declared a mistrial.
The double jeopardy law, as outlined in the 5th Amendment of the U.S. Constitution, restricts government, by collateral estoppel, from re-litigating against the same defense a fact necessarily found by the jury in a prior acquittal, as in Ashe v. Swenson, 397 U.S. 436 (1970); even if the jury hung on other counts as in Yeager v. United States, 557 U.S. 110 (2009).
Therefore, Howard Morgan should never have been tried a second time in 2012.
Double jeopardy was named such because it was expected that the laws would be followed. Howard Morgan does not need a third trial which would then go beyond even double jeopardy. His prosecution, which has become persecution, need not grow exponentially with injustice. Mr. Morgan deserves to be set free.
Not withstanding the above; even the evidence in the 2012 trial was insufficient to sustain a conviction. Therefore the Court is compelled to enter a judgment of acquittal.
• The destruction of evidence, withholding of evidence and lack of evidence gathered did not allow Howard Morgan the due process of law afforded him under the U.S. Constitution, 14th Amendment, and the State of Illinois Constitution, Article 1, Section 2; as he was not given a fair trial in 2007 or 2012.
• Howard Morgan’s van was crushed and destroyed without notice or cause before any forensic investigation could be done.
• The State only produced 3 of the 28 bullets shot into and taken from Howard Morgan’s body, whereby the rest of the 25 bullets could have shown whether or not the police officers who shot Mr. Morgan shot him with his own gun after taking it from him.
• Howard Morgan was never tested for gun residue to confirm if he even fired a weapon on the morning in question.
• The State never produced the actual bullet proof vest worn by one of the officers who claimed to have allegedly taken a shot directly into the vest on the morning in question. The State only produced a replica.
All of the above facts are a blatant obstruction of justice.
The 5th Amendment of the U.S. Constitution protects against “double jeopardy.”
The 6th Amendment of the U.S. Constitution affords the right to a “speedy trial” by an “impartial jury.” (being tried twice over a period of five years is not speedy.)
The 8th Amendment of the U.S. Constitution protects against “cruel and unusual punishment.”
The 14th Amendment of the U.S. Constitution affords “due process of law.”
All of the rights above, which are guaranteed Mr. Morgan by the U.S. Constitution have been violated by those representing the government which gave them to us.
On February 21, 2012, Howard Morgan is scheduled to be sentenced for crimes he did not commit. Let’s pack the courtroom that day and stand for justice.
Criminal Court Building
2650 South California
Chicago, IL 60608
Please sign this petition to Free Howard Morgan and show your solidarity that united as one voice we have power and can make a difference.
For further information, and to join on to the Free Howard Morgan Campaign, go to:
Campaign Hot-line : (877) 644-1107
Donations can be sent to:
The Howard Morgan Defense Fund For Justice
Church of God
c/o Mrs. Rosalind Morgan
1738 W. 67th Street
Chicago, IL 60636