Arthur Tyler

[thinkinkmesa]

Justice For Arthur Tyler
justiceforarthur.webs.com/index.htm

torley.org/The-News/Injustice-in-Ohio/New-Campaign.-Arthur-Tyler-on-Ohios-Death-Row-1423-52.html
Email I recieved;

PLEASE PASS AROUND

Thursday, 31 January 2008

I was approached by a lovely lady named Wendy from Scotland, who is like a mother to Arthur Tyler who is on Ohio's death row.

Arthur seriously needs help. Right now probably the only thing that stands between him and the death chamber is the lethal injection law suit.

Arthur has sat on Ohio's death row for almost 23 years for a crime he did not commit.

Time really is running out for this man and I am urging every supporter to fight alongside Wendy, Arthur, myself and Arthur's attorneys. How much injustice is the State of Ohio going to tolerate?


On a winter's evening 23 years ago, at the corner of East 66th Street and Zoeter Avenue in Cleveland, somebody pumped two .38-caliber bullets into the chest of 74-year-old Sanders Leach, killing the produce vendor instantly.

Leroy Head, then 18, confessed almost immediately.

Within minutes, he told two friends that he shot the fruit and vegetable man during a robbery, saying the old man forced his hand by trying to pull a gun.
Head told his mother he did it, too. She urged him to come clean.
So he told police he did it as well. And he signed a confession.

Cuyahoga County prosecutors, at the time among the most aggressive in Ohio in pursuing the state's newly reinstated option for capital punishment, sought the death penalty.
And they got it - adding to what was becoming a bumper crop of death cases from the county during the 1980s.

But it was not Head who was condemned to die.
Just before trial, Head struck a deal with prosecutors and fingered his co-defendant, Arthur Tyler, instead.
And so, in a case that reveals how arbitrary a death sentence in Ohio can be, it's Tyler - not Head - who faces execution, possibly this year.

The case also illustrates what attorneys and judges alike assert: that the bar for winning a death sentence was much lower two decades ago - especially in Cuyahoga County. And that challenges the legitimacy of basing executions on that standard today.


There was no indication that Leach's 1983 murder was pre-meditated. So, under Ohio law, only the "principal offender" - the triggerman - could be executed.

But police found no gun or fingerprints, and no eyewitnesses who could sort out who actually pulled the trigger.

Prosecutors argued that Head's accusation of Tyler was more credible than his earlier confessions. Head was allowed to plead to a lesser charge.

He could be paroled as early as next year, even though he has acknowledged several times since that he was the triggerman after all.

Jurors recommended death for Tyler.

But they never heard about the bullet and the cash that police found in Leach's clothing within hours of his death. Defense attorneys say this evidence could have helped Tyler, but it was never shared with them. And it was never aired in court.
More information including case work and appeals will be added here soon.
I hope you will all support this campaign for justice.
Write to Arthur or contact his campaign on

[e-mail]


Please write to Arthur and let him know he has support.

Arthur Tyler 175-637
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown, OH 44505

We have a myspace site also
My URL: myspace.com/justiceforarthurtyler
The Main Site will be on torley.org though.
torley.org/Arthur-Tyler/Arthur-Tyler/

www.torley.org

[thinkinkmesa]

Message received via email;
www.gopetition.com/online/16753.html

Arthur Tyler has sat on Ohio's Death Row for 25 long years for a crime he did not commit.

Another man named Leroy Head has admitted on more than 5 occasions that he in fact shot the victim, Mr Leach. Yet Arthur remains waiting for his date in Ohio's execution chamber.

This is wrong and Arthur should not be executed. We demand a full investigation into this case.

We need people to contact the Attorney General and the Governor of Ohio,

www.ag.state.oh.us/contact/index.asp

governor.ohio.gov/Contact/tabid/111/Default.aspx

Please pass this petition around.

[thinkinkmesa]

justiceforarthurtyler.blogspot.com/
Excerpt;

This You All Are

To Wendy, Karen and everyone who have come to lend their support for my fight for justice and freedom, I would like to Thank you for the letters and cards I have received. I would also like to thank the people who signed my petition, and I pray many more sign it. Thank you for the energy that you send my way.

To the Sisters, I thank you for the prayers you are saying for me.

Thank you also to all on my Myspace site for your support. It means so much to me.

You are all a blessing to life and I appreciate everything you do to give this fight strength through your concern and support.

No matter what the outcome is, I thank you all for trying.

Anyone who sends a self addressed envelope will always get a response but I know I won't be able to respond to every letter but I will do my best.

For now this is the way I can thank people.

I pray for your health, happiness and peace of mind.

May God Bless and Keep you always.

Much Love to you all

Arthur.

Introduction to Arthur's Case

On March 12, 1983, Sander Leach was shot and killed in the van from which he was selling vegetables on Cleveland's east side. Arthur Tyler has steadfastly denied shooting Mr. Leach.

Leroy Head, on the other hand, has repeatedly admitted shooting Mr. Leach.Within minutes, he told two friends that he shot the fruit and vegetable man during a robbery, saying the old man forced his hand by trying to pull a gun.Head told his mother he did it, too. She urged him to come clean.So he told police he did it as well. And he signed a confession.But it was not Head who was condemned to die.Just before trial, Head struck a deal with prosecutors and fingered his co-defendant, Arthur Tyler, instead.Arthur has sat on Ohio's death row for 25 years for a crime he did not commit.

Head could be paroled as early as next year, even though he has acknowledged several times since that he was the trigger man after all.

On May 16, 1989, Head told attorneys Joanne Bour-Stokes and Richard Vickers that he had lied when he testified at Tyler's trial and that he (Head) killed Leach. Head said the prosecutors threatened him at Tyler's second trial that if he did not testify he would be tried for capital murder or sent to a less secure prison, with the prosecutor making sure the other inmates knew he was a snitch.

Time really is running out for Arthur.

Leroy Head has admitted on more than 5 occasions that he in fact shot the victim, Mr Leach. Yet Arthur remains waiting for his date in Ohio's execution chamber.

This is wrong and Arthur should not be executed. We demand a full investigation into this case.

We need people to contact the Attorney General and the Governor of Ohio. The links to these people are to the right. You can read further information on the case on the links to the right.

Please send a card to Arthur and let him know he has support.

Arthur Tyler 175-637
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown,
OH 44505

[thinkinkmesa]

Received via email;
http://justiceforar thurtyler. blogspot. com

I have added the FIRST trial transcripts on there. They are PDF files but are worth the wait.

Please sign the petitions on both sites and pass around your contacts.

Thank you

Karen Torley

www.torley.org

[thinkinkmesa]

From Arthur Tyler’s lawyer, Rick Kerger:

“I have handled five death penalty habeas matters. Only in one has the evidence of a client’s innocence been overwhelming, and that client is Arthur Tyler. He now stands literally at the door of the death chamber and unless people act, an innocent man will be killed by the State.

The circumstances of the case are as follows:

On March 12, 1983, Sander Leach was killed in the van from which he was selling vegetables on Cleveland’s east side. In 1985, Tyler was convicted of shooting and killing Mr. Leach and was sentenced to death.

The key witness in that case was and remains today Leroy Head. There is no doubt that Leroy Head was involved in the events which led to the death of Mr. Leach. The circumstances are such that only the victim, Head and Tyler could know what happened on March 12, 1983.

A few days after Leach’s murder, the police brought Leroy Head and two of his friends into the police station to question them concerning another murder. The police believed the individuals were witnesses to the other murder, as opposed to suspects. During the questioning, Head began to look nervous. The police asked his friends why and they told the two officers that Head had shot Mr. Leach. “In these statements they both stated that Head came to there (sic) house right after the shooting and told them that he just kill (sic) the old man who sold produce on East 66th.” (This statement appears in a police report.)

Confronted with his friends’ statements, Head asked to speak with his mother. The police transported her to the station to speak with her son. After meeting with him for “approx (sic) 3 minutes, she came out of the room crying and saying that he did it.” This statement appears in a police report.

Head then confessed to the police that while Tyler was outside Mr. Leach’s van, unaware of what was taking place inside, Head had gotten into a struggle with Leach and then shot him. Head reduced his oral confession to writing: “At the first shot I starting (sic) falling over towards him, and that’s when the gun went off a second time.” (Police report.)

Within ten days of his first confession, Head confessed again, this time to an investigator working for Arthur Tyler’s lawyer. Head again wrote out a statement admitting to having shot and killed Sander Leach while Tyler was outside the van: “I grabbed (the gun) and it went off – the old man fell back and I fell on top of him – the gun went off again.” (Investigator’s report.)

Then on May 27th after Head, now with his own court-appointed legal counsel, met with the prosecutor. Head changed his statement and made Arthur Tyler the shooter. This was the version Head gave during his testimony at Tyler’s trial. But these were not the last statements given by Head concerning the killing. In post-conviction proceedings, affidavits were obtained from Head which stated as follows:

* April 27, 1986 – Head stated, in his own handwriting, that he and he alone had shot Leach. “I shot and killed him” and Tyler was unaware that the crime was taking place.
* May 16, 1989 – Head tells lawyers for Arthur Tyler that he had lied when he testified that Tyler had killed Leach. Head said the prosecutors told him that if he did not testify he would be tried for capital murder, sent to a less secure prison, with the prosecutor making sure the other inmates knew he was a snitch. (Lawyer note.)
* July 27, 1991 – Head confirmed in an affidavit that he, not Arthur Tyler, killed Leach. “Leach pulled a gun out and he was shot while we scuffled.”

During the state post-conviction process, it developed that Head had confessed to still another friend. On April 25, 1991, Luther Aldridge, a half-brother of Head’s friend, Anthony Gillis, stated in an affidavit that he had gone to Gillis’s house around 6:00 p.m. on the day of the homicide. Head was present and told Aldridge that “he had robbed and shot the vender.” (Aldridge Affidavit.) Aldridge later encountered Head in prison and asked him why he was letting Tyler remain on Death Row. Head told Aldridge that he was going to confess to the crime. (Aldridge Affidavit.)

During proceedings in federal habeas corpus, Tyler was granted permission to take the deposition of Leroy Head. But Head refused to testify, citing his rights to avoid self-incrimination. A lawyer was appointed to represent Head. The deposition was rescheduled and again Head invoked his rights under the Fifth Amendment. Tyler’s counsel asked that the State grant immunity to Head so that his testimony could be obtained. The request was refused. The Court sustained Head’s assertion of his right not to testify and refused to grant the petition for habeas corpus.

On September 20, 2005, I wrote to the Attorney General’s office asking that it take steps to assure that immunity be extended. That request has been greeted with silence.

Having obtained the side of the story they wished, the State is now effectively sealing the lips of the only witness who can establish Tyler’s innocence and avoid the execution of an innocent man. Keep in mind: There can be no valid assertion of the Fifth Amendment by Head unless he is going to change his testimony. If he testifies as he did at trial, the situation would be that the shooter was Arthur Tyler and there would neither be a basis for any criminal proceedings against Head for murder or for perjury. It would only be that if, under oath, Head changed his story back to his original version where he was the shooter that he would be potentially exposed to criminal charges. Were he to do that, Tyler’s actual innocence would furnish a basis to avoid his execution.

No one has ever offered a reasonable basis for Head’s recantation of his confessions, other than the fact that the prosecutor told him at last minute that if he did not point the finger at Tyler, they would seek the death penalty for him. The police theory was that since Tyler was older, he was the one who directed their activities and was the shooter.

The circumstances of the case were simple and not at all what the police believed them to be. Arthur did not know Head. They met at a friend’s house. They came up with the idea of robbing a nearby meat market, one which regrettably was also next to the van from which Mr. Leach sold his vegetables.

The plan was that Arthur, who knew the owners of the meat market, would go in and present a check to be signed. The check was in a sufficiently large amount that they felt the owners would have to open the safe, at which point Head was to swing into the room with a pistol and they would “clean out” the safe.

With Head outside, Arthur went in, only to find that the two owners were both absent leaving the business in the control of someone who was unable to open the safe. While Arthur was in the market trying to figure out what to do next, Head saw the old man and went over to rob him. As Arthur was leaving the market, he heard a shot coming from the van and found that Head had killed Mr. Leach. They both then ran.

Reflect on the day of Head’s arrest. He is surprised by the police and taken to the station. He becomes nervous. He asks that his mother be allowed to speak with him. She is brought to the station. In a few minutes, she leaves the interview room in tears stating that “he did it.” Why would Head lie to his mother about being the shooter?

Why did Arthur get convicted? I read the transcript and the answer is simple – he chose to testify. At the time he was a smart aleck, streetwise young Black man and the testimony he gave, while not inculpatory was cocky and offensive, to be frank. He had a criminal record, but not for violent crimes. He was a con man. He hustled pool. But he did not shoot or assault people.

He needs help. Right now the State is sealing the lips of the only individual who could save him. Arthur has appealed his case to the Supreme Court and is likely to be without any further legal redress. Ohio’s Governor can commute this sentence. Arthur needs your help. Without it, Ohio will execute an innocent man later this year."

Sign a petition to reopen Arthur Tyler's case:
www.gopetition.com/petitions/investigate-the-case-of-arthur-tyler.html

Wendy Alsford and Karen Torley are coordinating the campaign to stop Arthur Tyler’s execution. They can be emailed at, [e-mail]

For more information about Arthur Tyler’s case see the following websites:
torley.org/Arthur-Tyler/Arthur-Tyler

justiceforarthurtyler.blogspot.com

[thinkinkmesa]

justiceforarthur.webs.com/urgentactionneedednow.htm



Urgent Action for Arthur Tyler

Hello all,
As you know Governor Strickland will only be in office another 20 days or so. Kathryn Sandford of the Ohio Public Defender's Office, and Rick Kerger, Arthur's lawyer, submitted a clemency application to Governor Strickland on behalf of Arthur Tyler on Dec. 2nd.
Please forward the message below widely.


Please consider taking five minutes to help support life and spare a man from state execution. Your help is greatly needed to send a letter to Governor Strickland on behalf of Arthur Tyler, a man on death row for 27 years with a strong claim of innocence.

Arthur's legal team (Rick Kerger and Kathryn Sandford) submitted a clemency application to Governor Strickland and letters are needed to call for Governor Strickland to pay careful attention to this case and grant clemency.

Below are some talking points and the address to send to the Governor.

Please take the extra step of sending an email to us to let us know that you sent a letter to Gov. Strickland so we can keep a rough count of how many letters are sent and have contact information to reach you for future updates if you would like. Send a quick email [e-mail] upon sending your letter.

Thank you very much for your time and energy in this life and death matter!

Peace,
Ian Heisey

SAMPLE LETTER: (Please put in your own words as much as possible and add something personal if you can)

Dec.15, 2010

Governor Ted Strickland
c/o staff attorney/clemency application
Riffe Center, 30th floor
77 S. High Street
Columbus, OH 43215-6108

Re: Arthur Tyler #A175-637

Dear Governor Strickland,

I am writing regarding Arthur Tyler, a father and grandfather who has been on Ohio's death row for 27 years with a strong claim of innocence, and ask you to grant clemency in this case.

* There is no physical evidence linking Arthur Tyler to the crime and there are no eyewitnesses

* Leroy Head, the state's star witness, was the co-defendant in the case who later recanted his claim that Arthur Tyler committed the murder of Sanders Leach.

* Leroy Head has confessed to the crime more than six times (including to his own mother) and has been freed from prison since 2008.

*Evidence was withheld from the defense attorneys which the jury never considered causing serious doubts about guilt.

*Disproportionate time of 27 years has been served by Arthur Tyler while the man who confessed to the crime and was the co-defendant, Leroy Head, is now free.

Arthur Tyler should be released.

I appeal to you to use your executive power to support life, mercy and justice, not the irreversible penalty of death in a case full of so many serious doubts. Thank you for your attention on this urgent matter.

Respectfully,

Your signature

[Please print your name and address]

[thinkinkmesa]

Execution date requested

Prosecutors have requested an execution date for a Cleveland man on death row since 1986

More;
www.daytondailynews.com/news/ohio-news/execution-date-requested-for-cleveland-killer-1331819.html

Similar article;
www.therepublic.com/view/story/98a597320ba84a7ab232af0aa368eb7c/OH--Death-Penalty-Ohio/

[thinkinkmesa]

Crosspost/

High court sets execution dates for 2 Ohio men

www.wkbn.com/content/news/ohstate/story/High-court-sets-execution-dates-for-2-Ohio-men/7ZuA8fMw3EmBLH3kdgbSlw.cspx

[thinkinkmesa]

If You Broke It, You Should Pay for It
gamso-forthedefense.blogspot.com/2014/04/if-you-broke-it-you-should-pay-for-it.html

[thinkinkmesa]

Death row inmate cites health-related risk factors

www.chron.com/news/article/Death-row-inmate-cites-health-related-risk-factors-5383402.php

[thinkinkmesa]

Ohio man given death sentence for 1983 slaying seeks mercy, says co-defendant was shooter

www.therepublic.com/view/story/3019a9a434754749b3bd0cab91db9229/OH--Death-Penalty-Ohio

[thinkinkmesa]

Condemned killer facing execution seeks clemency from Kasich
www.dispatch.com/content/stories/local/2014/04/18/condemned-killer-seeks-clemency.html

[thinkinkmesa]

Cuyahoga Co. prosecutor asks for clemency in case of condemned Ohio inmate Arthur Tyler

www.newsnet5.com/news/local-news/oh-cuyahoga/cuyahoga-co-prosecutor-to-file-his-opinion-in-clemency-case-of-condemned-ohio-inmate-arthur-tyler

[thinkinkmesa]

Should Death Row inmate Arthur Tyler win clemency in case where the man who originally admitted to the shooting now walks free? Editorial Board Roundtable

www.cleveland.com/opinion/index.ssf/2014/04/should_death_row_inmate_arthur.html

[thinkinkmesa]

Parole Board recommendation on Arthur Tyler death penalty case due Friday - See more at: dispatchpolitics.dispatch.com/content/blogs/the-daily-briefing/2014/04/04.26.2014-arthur-tyler.html#sthash.ktabhrhI.dpuf

[thinkinkmesa]

Ohio Parole Board recommends clemency for death-row inmate Arthur Tyler

The Ohio Parole Board recommended Tuesday that Arthur Tyler, the next death-row inmate scheduled for execution in Ohio, should be granted clemency because of questions surrounding his murder conviction in the 1980s.

The Parole Board’s recommendation to Gov. John Kasich comes after both prosecutors and defense attorneys urged mercy for Tyler, who was found guilty of shooting a Cleveland produce vendor in 1983.

More;
www.cleveland.com/open/index.ssf/2014/04/ohio_parole_board_recommends_c.html

[thinkinkmesa]

Clemency recommended for Death Row inmate

The Ohio Parole Board recommended to Gov. John Kasich today that convicted killer Arthur Tyler’s death sentence should be commuted to time served, making him immediately eligible for release from prison.

The entire panel voted 11-0 to grant clemency to Tyler, 54, of Cleveland, who is scheduled to be executed on May 28.

However, by 6-5 vote, the majority specified that Tyler should have “immediate parole eligibility.” The other five members said instead he should be parole eligible in two years.

More;
www.dispatch.com/content/stories/local/2014/04/29/clemency-recommended.html

[thinkinkmesa]

Kasich Grants Clemency To Condemned Killer

www.woub.org/2014/04/30/kasich-grants-clemency-condemned-killer

[thinkinkmesa]

Life with Hope! What a Concept.
gamso-forthedefense.blogspot.com/2014/04/life-with-hope-what-concept.html

Fuck Hope
gamso-forthedefense.blogspot.com/2014/04/fuck-hope.html

[thinkinkmesa]

Convicted Killer Spared By Governor Moved Off Ohio Death Row

cleveland.cbslocal.com/2014/05/01/convicted-killer-spared-by-governor-moved-off-ohio-death-row/

[thinkinkmesa]

Arthur Tyler: How does a flawed case come so close to execution? - See more at: dispatchpolitics.dispatch.com/content/blogs/the-daily-briefing/2014/05/~05.01.2014-close-to-death.html#sthash.5PbbP3T6.dpuf

[thinkinkmesa]

Spared the Death Penalty by Gov. John Kasich, Ohio Prisoner Now Wants to be Released from Prison
www.clevelandleader.com/node/22558

[thinkinkmesa]

Death penalty irks inmate
www.vindy.com/news/2014/may/10/death-penalty-irks-inmate/?newswatch

[thinkinkmesa]

Arthur Tyler Interview Part 1 of 2
www.youtube.com/watch?v=uiFkLsPsy0Y

Arthur Tyler Interview Part 2 of 2
www.youtube.com/watch?v=E_mIY8uX-ns

[thinkinkmesa]

Arthur Tyler to Gov. Kasich: "I am not a monster"
www.dispatch.com/content/blogs/the-daily-briefing/2014/07/07.01.2014-arthur-tyler-letter.html

[thinkinkmesa]

Do Not Go Gently
gamso-forthedefense.blogspot.com/2014/07/do-not-go-gently.html

[thinkinkmesa]

Prisoner does not deserve life in prison
www.dispatch.com/content/stories/editorials/2015/02/02/prisoner-does-not-deserve-life-in-prison.html