Evidence

The legal files found below are complicated to understand outside of the larger context of Keith LaMar's entire legal case. He details the significance of each of these documents very clearly in Condemned. Please read the book to understand just how meaningful these records are.

 

Further, it should be clarified that most of the evidence that could exonerate Keith LaMar is locked away from him in the State's database.  He will likely never know what the State willingly withheld from his trial. The four other men sentenced to death alongside Keith after the Lucasville Prison Uprising were all able to gain access to these files (because their attorneys filed the paperwork, while Keith's did not), combing them for new evidence to present in court. They are finding substantial amounts of contradictory eyewitness statements, suppressed confessions, and other exculpatory evidence to help prove the State of Ohio had an incentive to clean up quickly after the riot was over. A few of the files found below were slipped to Keith by other inmates, prior to a gag order being placed on them. 

21 Point Agreement

This document, signed by SOCF Warden Arthur Tate, is the 21 point agreement that ended the 1993 Lucasville Prison Uprising in a peaceful surrender. The State of Ohio almost immediately violated essential points of the agreement, when it pursued legal action against alleged leaders and others who refused to cooperate with investigatorsClick here for pdf file

Letter from Keith LaMar's attorney, Kate McGarry

This Sept. 17, 2012, letter from attorney, Kate McGarry, acknowledges Keith LaMar's request to file a motion to remand (to be included with the other four death-sentenced men in gaining access to the database of evidence). She says, "I am not opposed to filing a motion to remand; I just have not seen the basis to do so..." When McGarry and LaMar spoke, she assured him she would file the motion. Click here for pdf file

Letter in response to the attorney's letter

In response to Kate McGarry's Sept. 17, 2012, letter (wherein she indicated she could see no basis to file a motion to remand on LaMar's behalf), supporters/attorneys Staughton and Alice Lynd sent this letter, wherein they detailed the abundance of outstanding evidence. LaMar's attorneys broke their promise to file this motion on his behalf, the deadline to file came and went, and he, alone, has been left out of this discovery. His case has now been completely exhausted at every level, placing him in imminent threat of execution. Meanwhile, the other four death-sentenced men's cases are on hold as their legal teams are carefully combing the database for any relevant evidence to use in their appeals. Click here for pdf file
 

Attorneys' memo against "interference"

In spite of their earlier collaboration with the Lynds, Keith LaMar's attorneys suddenly issued a memo on October 22, 2012, warning Staughton and Alice that their "interference" was no longer going to be allowed. Their letter came after Keith LaMar voiced his concern that David had been ill-prepared to argue his issues. Click here for pdf file

Frederick Frakes Indictment 

The April 21, 1994, indictment against Frederick Frakes, wherein he was charged with the murder of William Svette, one of the men's deaths for whom Keith LaMar faces execution. The evidence against Frederick Frakes was presented to a grand jury, who were persuaded to grant the prosecutors permission to proceed with this indictment. The evidence against him was clear PRIOR to the State mysteriously dropping Frakes' indictment and turning their attention on Keith LaMar. LaMar's indictment coincidentally came after key witnesses were enticed to cooperate with the State in exchange for perks (early paroles and dropped charges) for perjured testimony against LaMar. Click here for pdf file

Michael Jones Eyewitness Statement

The transcript from a November 22, 1993 statement given by Michael Jones, confirming that he 'saw Freddy Frakes beat William Svette over the head with a baseball bat, chopping him 3 or 4 times until he collapsed where he died.' He states that William Svette was alive prior to that incident and that no one else was involved during or after his collapse. Included in the interview is a possible motive of a prior altercation between the men. These statements led to Freddy's indictment long before Keith LaMar was ever indicted; however, Freddy Frakes' indictment vanished when the State turned their attention on LaMar. Click here for pdf file

Statement of Stacey Gordon

Stacey Gordon's Sept. 8, 1994, statement, wherein he claims that he does not know Keith LaMar, nor saw him in the early hours of the uprising. Gordon would later take the stand in LaMar's trial and name him the leader of the "death squad," receiving an early parole in exchange for his testimony. Click here for pdf file

The STATE of Ohio, Appellee, v. LaMAR, Appellant as heard in OH Supreme Court

This is the May 15, 2002, Supreme Court of Ohio document, wherein the State admits Keith LaMar had no prior calculations or associations with those who led the uprising. Rather, they claim he killed inmates in order to not get caught up further and to get back out to the rec yard. Click here to read the document (paragraph 3)

Aaron Jefferson Murder Confession

Interview #1264 (PART 1) with Aaron Jefferson wherein he admits to murdering Darrell Depina, someone's life for which Keith LaMar sits on Death Row. Click here for the pdf file

Withheld Witness Statements

Following Keith LaMar's trial, Seth Tieger, the very same prosecutor who refused to turn over witness statements to LaMar's defense team (citing the promise of confidentiality to witnesses which was never shown), turned over the very statements in the cases of Rasheem Matthews and Derek Cannon. Proof of LaMar's claims of innocence can be confirmed here in copies of exculpatory evidence taken from their files:

Click here for the Rasheem Matthews pdf file
Click here for the Derek Cannon pdf file