End the Persecution of Keith Davis Jr!
The Hon. Lynn Stewart Mays, The Bar Association of Baltimore City
Keith Davis, Jr. survived Baltimore City police officers shooting more than 40 bullets at him after they mistook him for an armed robber on June 7th, 2015. Keith survived multiple gunshot wounds - including one in his neck. Keith does not match the description police gave for the robber, and the driver who was robbed later testified that Keith was not the robber.
Instead of publicly admitting their mistake, police imprisoned Keith and threw charge after charge at him in the hope of making something stick. Corrections staff often refused to give him his medication to help his wounds heal, and - in defiance of judges orders - waited over 2 years before allowing him to have surgery to have a bullet removed. Fragments of the bullet are still in his neck to this day.
Throughout all of this abuse, Keith has steadfastly and consistently maintained his innocence.
Keith’s first trial showed serious flaws in the prosecutor’s case, including conflicting testimony by different police officers, and he was acquitted of all 15 of the original charges, but that didn’t stop the state’s attorney from piling on more charges, including trying to link Keith to a murder that happened earlier that day, on the basis of a gun that was found in the garage where they shot Keith.
In Keith’s second trial, the prosecution was allowed to present much the same story, with much the same evidence plus their attempt to tie Keith to the murder, while Keith’s lawyer was prohibited from mentioning that he had previously been acquitted. Nevertheless, 11 members of the jury were ready to find him innocent, and the remaining juror refused to vote. Rather than forcing the issue, the judge, who was recently sanctioned for “serious violation of misconduct in office” in an unrelated case, declared a mistrial, allowing the persecution of Keith to continue.
Keith recently had a third trial, in which again the prosecution was allowed to present events as fact that he had previously been acquitted for, and the defense was prevented from mentioning this. This time, the prosecutor had a mystery witness - a real mystery, as his identity was kept even from Keith’s lawyer until right before the trial. The mystery witness was David Gutierrez, an enforcer for the Texas Syndicate prison gang, who himself pled guilty to murder, but who made no mention of this at Keith’s trial, referring to it only as a “RICO charge.” Gutierrez claimed that Keith had confessed everything to him while in prison, but prison records show that they were never assigned to the same location and so the alleged confession could not have occurred. Gutierrez also claimed to have a reason why Keith didn’t match the description police officers gave of him - that Keith was wearing a du-rag at the time. Despite multiple police combing the scene where Keith was shot, nobody ever recovered a du-rag, and even the police never reported seeing one.
At his third trial, Keith Davis Jr was found guilty of second degree murder, in large part due to the perjury of the state’s witness, a gang enforcer trying to reduce his sentence by helping police to cover up their own crimes.
Tell the judge and bar association that this persecution must not be allowed to stand!
Petition by
To:
The Hon. Lynn Stewart Mays, The Bar Association of Baltimore City
From:
[Your Name]
I urge you to set aside the unjust verdict against Keith Davis Jr, which was the direct result of prosecutorial misconduct, and perjury on the part of a state’s witness. David Gutierrez should never have been allowed to testify against Keith Davis Jr, because as prison records show the two were never housed together - a fact that the prosecutor could and should have verified before allowing him on the stand. The prosecutor kept information from the defense about the true nature of Gutierrez’ crimes, including that he pled guilty to murder and conspiracy, allowing him to refer to it only as a “RICO charge.” This kind of desperation to gain a conviction at any cost must not be allowed to stand in Baltimore’s courts. Public confidence in elected officials and in the criminal justice system has already been rocked by gross misconduct and criminal behavior at every level of government, and if the court is allowed to become party to the malicious persecution and conviction of innocent people, this will only serve to further erode public confidence in both police and judiciary.