JAMIE HIGGINS
Was the Eyewitness Wrong?
Editor: Phyllis Anne Lincoln, JD Staff
Two men entered Joe Moreno's residence while Elena Mendoza
was visiting. The two robbed and killed Joe Moreno and
attempted to kill Elena Mendoza. After they fled and the
police were dispatched to the Wilmington, California address, Elena Mendoza
gave a description of one of them as follows: black, six
feet, really skinny, short hair and a dark complexion. Other witnesses who
were not inside Joe Moreno's residence but outside or around the
residence gave a similar description but gave a height of 5'8" to 5'9",
130-140 pounds and approximately 18 years of age. On the day of the crime, I
had shoulder length hair in a Jeri-curl style. I am six feet, was 180 pounds,
28 years old with a muscular build as opposed to being "really skinny." The
description the above witnesses gave was supposed to be of me. Incredible!
Readers, before I go any further I must ask one question, what's wrong with
this picture?
There were prominent, credible and influential witnesses who would
have testified that my physical appearance on the day of the above crimes was
exactly as I recorded it above. In other words, besides my "race," I
did not resemble the description given by Ms. Mendoza or the other witnesses
in any way. Ms Mendoza actually stated: "I never got a good look at
the one with the gun. I only saw the one without the gun." Yes, I am supposed
to be the man with the gun. Are you now asking why I didn't
call my witnesses to testify as to my physical appearance on September 18,
1992? I tried, but no matter how many times I demanded that
these witnesses be called, my trial attorney, Barney Goldstein, brushed
my requests aside and said, "They are not needed because the prosecution does
not have a case." There were seven available defense witnesses standing by to
assist me.
There was absolutely no physical evidence linking me to the above crime. I
was cooperative with the detectives investigating the crime. I gave blood for
a DNA test that could have proved I was not at the Wilmington address. My
alibi was credible, but disregarded because my trial attorney never
interviewed or called forth these witnesses. The detective located an "old"
booking photo of me with short hair and placed it in a photo line-up card
because all witnesses identified the gunman as having very short hair.
On December 23, 1992, Ms. Mendoza was shown a photo lineup card where she
circled three of six photos that "looked familiar to her" as being the second
guy in Joe's apartment. She circled photos 1,2 and 6. I was photo 6. Fifteen
months later on March 24, 1994, the very same day as a live lineup,
Ms. Mendoza was shown the December 2, 1992 photo lineup card again to
confirm her selections. She was then taken to the live lineup. I was the
only person in the photo lineup card she had seen on two occasions.
Yes, it would surely seem that the photo lineup card and pre-trial
line-up procedures or both were suggestive. There is no other evidence
connecting me to the Wilmington crimes.
Readers, I could never murder anyone. I am not an angel but I am not a
murderer. Yet I have been wrongly convicted as a murderer. In the reporter's
transcript of my trial, Ms. Mendoza said she was only able to see the gunman
from the waist up because a couch was between her and the gunman. She also
admitted that she never saw the gunman's face head on. All this is
incredible and I need your help desperately. I have no financial means of
hiring competent counsel for I am poor and a layman at law. I am not looking
for publicity for the sake of publicity. Over the years, I have come to
witness that when the public is exposed to cases such as mine, the justice
system will stop brushing aside pleas of innocence due to its heavy case
loads. This is my story. I pray that my voice draws support to rid me of this
horrible plight.
Jamie Higgins
#J-51366
Centinela State Prison
P O Box 921
C-5-211 up
Imperial, California USA 92251
Contact Person:
NANCY HARR
2963 YOUNTS RD
BEDFORD, PA 15522
Phone: 814-623-5685
Email:HARR@bedford.net
© Justice Denied