Episode 12

On July 11th Luis will be in court for a Franklin Hearing. In this episode Luis explains a bit about what that means and what will happen when he goes to court.

Episode Transcript

(00:00):
Yeah, yeah, yeah. Looktell the man no trouble. I don't
want beef man. I just wantfivee big man like me. No need
for the telephone hide. I gottoo much can online and they're gonna ride.

(00:30):
I just want to give everybody anupdate pretty much. I got a
court coming up on July eleven,and right now what I'm in. What
I'm in quote for is for theFranklin Hearing and the Franklin Hearing. It's
basically, anybody that was convicted beforethe age of twenty six, you're they're

(00:55):
all going back and getting um Franklinhearings to mitigating factors into their into their
files so that when you go toboard for your youth offender parole date,
you have you have more things inyour favor basically, so you have a

(01:15):
better chance of getting paroled. Themother I told me too that there there's
a possibility that, you know,if if everything goes good on the Frankly
Hearing, that the judge per actuallyresentenced resenses me. I don't know how
true that is, but that's whatI told me. But the Frankly Hearing

(01:37):
that's been going on for over twoyears now, and when Barhama was my
attorney. All he was doing waspostponing. Like he never he never actually
filed anything or did anything. Hejust spoke, came into court and said
the postpone, postpone, postpone forthe last two years. So recently on
my last court date, they well, the court day before the last Baroma

(02:04):
excused himself for whatever reason, withoutwithout talking to me, without without letting
me know anything, he would endand dropped my case. So the judge
appointed another attorney. So on thelast court date, that's when they assigned
the attorney. She just took mycase. So on this court day,

(02:27):
more than likely she's paly gonna askfor more time because she barely took my
cases on it in a few months. So she's praying and asked for more
time to review my case, togo over to go over my whole flower
everything. So I'm pretty sure onthat end nothing's really gonna happen. I
had wrote her a letter and Iasked her, you know, as far

(02:50):
as my innocence claimed stuff, andand uh, I told her about how
the victim has a bullet that's stillin him and now he's willing to get
it removed. As the surgery soI asked her if she could and let
me know the proper procedure in orderto make sure that when the surgery happens

(03:15):
that they followed the right protocol sothat the evidence will be elisable, because
if they remove the bullet and somethingdoesn't go the way it's supposed to go,
but they could easily be like,Nope, can't accept that that's inadmissible,
that that's been tampered with, oryou know something. They could come

(03:37):
up with some type of excuse tonot allow it in, and then that's
that's my shot right there, andthat kills it, you know. So
I asked her that, and shewrote me a letter back and she basically
said that she's only dealing with myfrankminary, that she's not involved in my

(03:59):
innocence claim, that she can't helpme with that. So she didn't even
answer my question. You know,I was just asking a question. I
wasn't even asking her represent me that. I wasn't asking her to do anything
for me besides give me the procedure, right, so you don't really have
any hope with her. And thenthe other process that's happening. It's a

(04:21):
it's a petition for resentency, andthere was this There was a Senti bill
that got passed U fourteen thirty sevenand it was for murder felony murder,
and basically the linking was that Iguess the law changed and they changed the

(04:42):
wording. So a lot of guyswho were convicted of murder were going back
to court because I guess something aboutmadness and fourth thought right, So they
were saying that you were you wereconvicted based on this on this uh what

(05:05):
do I call it? I can'tthink of the word. But basically,
the way that it was set upwas that you could be convicted on that
manners of Forta. So what they'resaying now is if there was no manners
for Forta in your case, thenyou should never been convicted. So a
lot of people ended up getting releasedon the fourteen thirty seven, but it

(05:30):
was only for murders. So thensomebody appealed it and said, what about
attempted murders. There's a lot ofpeople got convicted of attempted murders. And
it also it also played in withthe malice of Forta. So then a
new Senate deal came out seven sevenfive, and that one is including the

(05:51):
attempted murders. And what I wastold was that basically, if you were
not the actual shooter and you wereconvicted because of someone else, then you
can file it, right So somebodyin here told me to go over and
file it. So I did.I found it myself. I found this.

(06:14):
I found this in in May oflast year, so over a year
ago. I filed it and theyjust barely heard it in December, and
they just barely assigned an attorney.So also I got in contact with this
attorney, and this attorney basically saidthe same things they said. He said,

(06:36):
yeah, I can't do nothing foryou on your innists claimed I was
hired to do this and this iswhat I'm going to do, you know.
So he's just reviewing my case tosee if if my case falls under
that under the annage of four thought. So I'm not too sure if I
actually qualified. But if I didqualify, then I would get resentenced and

(06:59):
most like to get released because youknow, I've been down almost twenty years
and attempt the murder only carries ninemaximum of nine years, and they would
have to resent for me. Onthe new laws, and there's a new
law that says that they have togive you the minimum the minimum sentence unless

(07:20):
there's aggravating factors. So the minimumsentence would have been five years. And
there's another law that says they can'tgive you gang allegations. They can only
give you the gang allegations if youhave a separate trial and then they find
you guilty saying that yes, whatevercrime committee was for the benefit of a

(07:43):
street game. And then there's anotherthere's another law that says they can't give
you more than twenty years on anenhancement. And I got a gun enhancement
that carries twenty five to life.So if this, uh, if this
emotion is to go through, thenthey got accepted and I got resentence,

(08:03):
then basically they'll have to release metime serve. Yeah, so this court
they coming up more unlikely. Thisother attorney is also going to ask for
more time to continue to read mycase. That's what I'm thinking the noise,
because that's what most of these gloriesdo. They always ask for more
time. So right now, that'swhat I'm kind of expecting in this in

(08:26):
this court date. Um, I'mhoping to have some type of news,
but I'm pretty much expecting them tojust be like, oh, let me
get some more time and get anothercourt date within ninety days. So that's
what they've been doing. But whatmy family is going to do when when
they go to this court is they'regoing to speak directly to the to the

(08:50):
district attorneys, and they're going toask the district attorney about about the process
of the new evidence, you know, because this this new evidence is like
the most important piece which I believeis gonna completely exonerate me, just because
the PA's theory is based on youknow, they're being two individuals to two

(09:15):
different guns with two different calibers thatshot at the victim, you know,
and the facts are that there wasnot two guns, that there was not
two individuals, There was one individual. There was one gun. And when
the when William got shot, thevery one of the bullets went through his

(09:41):
leg and they were they were recoveredthere right because when they opened up the
door to his truck when he gotout of the truck, they found a
bullet. The bullet fell out ofthe door, so they have a bullet
in evidence and they confirmed it's athirty eight. It's a full slug,
you know, and it has thebarrel markings and all that stuff. So

(10:03):
those barrel markings show that it's froma revolver. Right, So the second
bullet that's inside William, there's anX ray that he just recently took,
I want to say it like amonth ago, and I had never seen
it before, right, and recentlythey showed me a picture of it.

(10:28):
And in the X ray it lookslike a pretty solid slug. It looks
it looks intact as far as anX ray goes. It looks like a
solid object. It doesn't look likea little tiny peace or pieces or nothing.
It's just look at one solid piece. So my hopes are that,
you know, once they remove it, if the body didn't, you know,

(10:52):
kind of deteriorated or kind of messit up. I don't know,
because you know, it's been insideof him for so long, I don't
know if it would have acted.But I'm hoping that it's in them,
hoping that's in good enough condition towhere you can still see those barrel markings.
So all all we have to dois get a ballistics expert to analyze

(11:15):
the bullet and to compare those thosebarrel markings with the bullet that's already in
evidence, and then it's going toshow one hundred percent that's the same,
they're identical, meaning that they camefrom the same gun, so there's only
one gun. So that right therecompletely destroys the DA's theory. And regardless,

(11:37):
they're gonna have to reopen my case. And now they're going to actually
have to look at the confession,right because Hector confessed, he took full
responsibility. And then they have tolook at my alibi witness, and they
have to look at and William thevictim, what he's been saying. You
know, because for whatever reason they'vebeen ignoring, they been ignoring everything.

(12:01):
They're not looking at my case whatsoever. They denied my petition for the conviction
and terday union without no explanation.You know, somebody had at There's this
guy, his name is Frankie Carrillo. He actually spent over twenty years in
prison for murder and he was exoneratedand it came out that he was set

(12:24):
up by the Los Angeles the Sheriff'sdepartment, and he ended up, you
know, he did over twenty yearsand he got out and he sued and
he ended up getting a settlement andeverything. Well, one of my family
members got in contact with him.I guess he reached out because of my
case and uh, you know,they he had seen it on Instagram or

(12:46):
whatever. But either way, theygot in contact. And he actually knows
the the DA, the main themain dear that's the head of the conviction
Integrity Unit, and he actually helpedUspawn the governor do some of them,

(13:09):
I guess some of the directives,like the writing and stuff like. So
this guy he tells, he tellsme that he writes an email to to
Carell and she responds to this emailand she's basically telling him that she wasn't
going to touch my case because ofthis layer that I had, which is

(13:33):
bar Homa. And she describes himas a sleeves, you know, like
a scumbag, you know, Andshe basically saying that because I filed these
other motions. This frankly hearing andthis reception is in hearing that she didn't
want to touch my case. Youknow. But that wasn't an official email.
That wasn't something that was That wassomething that she said to this other

(13:56):
dude, you know. So youknow, I can't even bring that up
if I wanted to, because that'sI guess that's their personal humai or whatever.
It's not a it's not an officialresponse from the DA office to me.
She never responded to but to myto my my petition or my motion
or whatever, she just didn't getn'topen it. So what I'm opening is

(14:18):
when a family goes to this courtday, they're able to talk directly to
the DA and hopefully we get sometype of answers. Hopefully that you know,
they'll give us some type of procedure, a protocol to follow, or
they'll even say, hey, ifthis is the case and this guy's gonna
take this bullet out, then wecould send somebody over there. We can

(14:39):
send a DA we could send anofficer or something to take possession of that
evidence. So that's kind of whereever. Now, hopefully everything goes good.
My mom, she's been in Texasall this, all this time, you
know, she she's been a texta. She'll come out to telephone, you

(15:00):
know, like here and there,you know, once plus a year when
she's able to. But right nowshe's she's gonna come out to California.
So you know, with her beingin California and she's gonna she's gonna try
and help out by being on thePA, you know, and being on
this other attorney and see what's what'sup man. Because I do have I

(15:24):
do have my family in Los Angeles, you know, but they're they're pretty
much they're busy with work and allthese other things, so you know,
they don't really have a whole lotof time. And you know, my
mom, she's she's disabled, shedoesn't work, um, so she will
have a lot more time to beable to kind of help me out.
So I'm looking forward to that