About Duane Dundas
My name is Duane Dundas. I am Jamaican, and I would like to share my story with my family and friends; pleading to anyone who is willing to take the time out to listen to the plight I am presently enduring.
I left Jamaica August 20th 1990 to visit the US and to see the American dream for myself. While here, I became a father so decided to live up to the responsibilities as a man – and I settled in the US. But my idea of the American dream became an instant nightmare because of a grave miscarriage of justice. This injustice is as a result of false accusations and dubious conviction in a case in which my uncles, Renford and Lenroy Martin, and I are all innocent.
I was not there to witness the birth of my first and only daughter, Janice. I have been incarcerated and have not had any contacts with her, except recently when at age 16; she came to visit me here in prison. I prayed day and night for the day that I would hear her voice or see her to see what she looked like. There have been many nights that tears have come to my eyes to know that it is no fault of mine that I was not able to be part of my child’s life. Seeing her that day gave me more willpower to fight for my freedom, so that I will be able to aid in my daughter’s development. It’s the hardest thing to live in prison knowing that you are innocent of a crime that you are accused of. If I was not convicted I would not have known that this was even possible.
On 7th January 1992 my uncles and I were detained for questioning and was illegally interrogated for hours for a double homicide. We had no knowledge of what had actually happened and we had no idea it was on the news; much less to entertain the idea that we allegedly had an involvement in the crime.
Charges were brought against us with the State creating a theory that we were involved in a drug deal that had gone bad; and that the intended victim allegedly owed us $300 in drug money. The prosecution’s story claims that the intended victim had ripped us off, and we were accused of retaliating by throwing a Molotov cocktail bomb into a location, causing the death of two minors in the vicinity. The first contradiction to the prosecution’s story is that the intended victim later testified he was in another location with several others getting high from heroin, cocaine and other narcotics; and no-one at that time knew of his where-about. None-the-less, a Molotov cocktail bomb was thrown through the window and the house engulfed in flames. All the adults escaped and left the two children behind; they perished in the fire.
My co-defendants and I, along with other suspects, were detained for questioning. At that time in the early 1990’s, any and every crime involving narcotics were alleged to have some Jamaican involvement. Since we had no family or community support in the Baltimore region; we were targeted as examples of the infamous Jamaican posses. We were not aware of the extents that the prosecution would have gone to find a culprit for the crime; we were set-up, framed, and unjustly charged by the Baltimore Homicide Department.
While at the Eastern Homicide Unit of the Police Department, we were all asked to remove our shirts for any signs of burn marks or scars. The sole and chief prosecution witness claimed that she saw who threw the bomb, and reported that the person had long twisted dreadlocks and that the flames got on his chest while throwing the bomb. According to the State’s witness, my uncle Renford Martin had allegedly thrown the bomb, but he has never worn dreadlocks in his life. Also, none of our upper torsos (chest areas) or any part of our bodies revealed any burn marks. This documented medical examination is part of the evidence to support my claim of innocence. The identification process that was used to point us out was also seriously flawed. Not one of the three of us had any prior criminal history, so Polaroid pictures were taken of us and shown to witnesses. Police reports stated that the chief witnesses were shown several pictures by the investigators. The witnesses reviewed 30 to 50 photos and did not identify a suspect; but ‘miraculously’ my uncle Renford picture fell out of the array of the 50 pictures then the officer observed her crying and asked, “Is this him?” She did not reply, but then the officer said, “Take your picture that’s him.”
The said witness testified in court and when asked how the photo array was conducted she gave conflicting testimony to what was documented in her initial report, which also conflicted with what the investigator testified at the trial. This was the only person who claimed to have seen who threw the firebomb, but when asked to make an in court identification she refused and vehemently stated that she “did not want to send innocent people to prison.”
There was another State witnesses who initially was interviewed on the scene of the crime; but she also gave conflicting statements and was not able not identify anyone. This witness was an occupant at the house and knew all details of the case, and she was instrumental in a secondary and unrelated charge for the possession of drugs and illegal weapons that the State also brought against us. Four months after the incident, she was summoned to court on this unrelated drugs and gun charge that the State had trumped up. This witness made an in court identification when our names were called for these unrelated charges; and for the first time she identified my uncle, Lenroy. The apparent strategy was to falsely charge and detain us so that they could buy time to investigate the more serious crime of double homicide. The police allege that drugs and guns were to be found in a raid at our house. This raid was done after they detained us for questioning; and they were given permission to conduct a search and seizure for flammable liquids. NO flammable liquids were found; NO DRUGS were found.
But I was first called to answer to the charges of the possession of drugs and firearms, and was detained for seven months awaiting trial. These charges were later thrown out because of lack of evidence. However, on my birthday the homicide investigators came to the detention center and carried me on the initial charge of homicide. The investigators allege that I told an incarcerated informant that I had committed the crime. This informant’s intention was clearly stated in his letter to the authorities where he sought a reprieve and a lesser sentence than the one he was facing in return for testifying against me. The letter that he wrote was used to obtain the indictment and charge for double homicide. Incidentally, a few days after I was charged for homicide based on this man’s testimony, the other unrelated drugs and gun charges were thrown out. Of note is the fact that there were no drugs initially found, and the two guns found are legal fire arms approved by an FBI background check and my uncle a legal firearm holder.
To tie me with the homicide, seven months after-the-fact the State found a witness who claimed that I given him drugs and that he ripped me off. None of this information was mentioned in the seven months prior when I was first arrested, but as soon as informant provided his fabricated story a case was made against me.
To give a background to the lack of credibility of this informant; he was serving ten years for armed robbery in 1992. He was a well known source of information who had previously given assistance to the State. This informant had fabricated his story from information that he had received from the news media; except he had no actual details about the amount of money that was involved in the case. The intended victim was alleged to have ripped off $300 in drugs money, but this informant figured that the magnitude and publicity of the case deserved a much more spectacular amount of money to justify such carnage – so he claim that some $10,000 was involved in the deal-gone-wrong. I was indicted, charged with murder, and later convicted based on the fabrications of an incarcerated informant. The prosecution knew he was lying; but that’s the only way they could have held someone as the culprit for the crime.
But the prosecution would need a better case than the word on a convict to bolster their case, so they went for the ultimate witness. Since I had not been identified by any of the witnesses at the scene of the crime, only by the intended victim should have had an idea of who I was since I was alleged to have been in deal with him. On my first day entering the court room for trial, I observed the arresting officer (who I can never forget), and he was sitting beside a man who at the time was of no significance to me. The officer was pointed at me and indicated to his companion: “That’s him”. The same person that was with the officer was the one who later testified in court against me and was a linchpin in the conviction.
A year after I was convicted, the professional jail-house informant was released for his cooperation. Ironically, he has been re-incarcerated since 1994 when he received a further sentence of 20 years for robbing a pizza delivery-man. It is said that after he robbed the delivery-man, he called the crime hot line and reported a suspect with his same description, but investigators realized the caller was the perpetrator and arrested him.
These are some of the points to consider:
· As outlined above, the identification process and testimony used to obtain the conviction is severely suspect, and the State used the most tenuous ties to make their case.
· I was convicted based on the false evidence of a professional informant who is also repeat offender. This man is currently in prison even after he has used dishonest means for securing his release.
· I contend that the police officers in this case were crooked, and they used any and every means to stage the testimony that was used in the conviction.
· We were victims of a system that was not interested in discovering the truth, but we were left at the mercy of a young zealous prosecutor whose goal was to get a high public conviction at all cost.
· The media was exploited to the fullest, and we were essential tried in the court of public opinion. At the time Jamaicans were suppose to be the nemesis of law and order and we were the easy scapegoats for the crime. Someone had to be held accountable, and who better to hold than poor and defenseless foreigner who could not believe the extent that a system would go to paint him as a criminal.
I am being represented by an attorney who does believes in my innocence and who has subjected me to a lie detector test to further substantiate my claim of innocence. I was asked very clearly and precisely if I was involved in the crime or if any of my uncles were involved in the crime - and I passed this test with no deception. Even though the polygraph is not permissible in court, the fact that I was willing to put my credibility on the line has proven to everyone that I am willing to do whatever it takes to prove my and my uncles’ innocence.
My case is now stagnant due to financial difficulties but I will not accept this injustice which has been done to us, and will fight to the end until my uncles and I are cleared of all charges.
Your support is highly appreciated in any way, shape or form. Bless you.