Dossier Sent to DOJ Headquarters and Members of Congress Seeking Dismissal of Indictment in IRP6 Case
Denver, CO -- (ReleaseWire) -- 09/22/2017 --Federal prosecutors "won their case through willful failing to disclose evidence (favorable to the defendant)", said Congressman Sensenbrenner. "If [prosecutors] had complied with the ethical and legal obligations, the jury might not have convicted [the defendant]," added Sensenbrenner.
In speaking about the same prosecutorial misconduct, Congressman John Conyers said that "If these offenses could happen to [this defendant], they could happen to anyone. Often overlooked is the fact that prosecutorial misconduct of this nature happens with alarming frequency, to the obvious harm of countless defendants...".
"When the government conceals information in a prosecution that could undermine its case against a defendant, such concealment is fundamentally and constitutionally unfair as well as unethical, and it is illegal..." said Congressman Bobby Scott.
"The alleged prosecutorial misconduct by the Colorado U.S. Attorney's Office in the IRP6 case, which includes unlawful obstruction and interference with favorable evidence that could undermine the government's case, was a hundred times worse than the case mentioned above by Congressmen Sensenbrenner, Conyers and Scott," says Lamont Banks, Executive Director of A Just Cause. "I am hopeful that after reviewing the IRP6 dossier, the DOJ, in the interest of justice, will file a Rule 48(a) motion to dismiss the IRP6 indictment to free five men of the IRP6 who continue to languish in prison after five years on a wrongful conviction," adds Banks. "Any dismissal would probably have to be filed with U.S. Supreme Court Justice Sonia Sotomayor (who oversees the District of Colorado and 10th Circuit) because of their proven, deep-seated bias against the IRP6 which is discussed in the dossier," contends Banks.
"The dossier lays out numerous facts and evidence that proves the IRP6 are actually innocent and shows how prosecutors and judges allegedly colluded together, taking calculated and premeditated steps to deny the IRP6 a fair trial and appeal. This was achieved by deceiving two grand juries, a trial jury, and blatantly violating a federal statute to ensure defendants couldn't present evidence & testimony that could have exonerated them. Furthermore, forcing one of the IRP6 defendants who were representing themselves to testify in violation of their 5th Amendment rights. Concluding with destroying and/or concealing portions of trial transcripts to hide judicial threats," adds Banks. "Absent a legitimate criminal case against the IRP6, the government secretly took allegedly unlawful steps to prosecute their Pastor and church members," says Banks. "It's all exposed in the dossier."
The dossier presents court documents from trial and discovery, comments and writings by legal experts who have reviewed the case, including former federal appeals judge H. Lee Sarokin, newspaper articles, letters sent by the defendants to President Obama and a more recent letter seeking justice from David Banks of the IRP6 to President Trump.
The IRP6 case concerns the wrongful prosecution, conviction and imprisonment of six information technology executives (5 black, one white) (David A. Banks, Demetrius Harper, Kendrick Barnes, David Zirpolo, Clinton Stewart and Gary L. Walker) of the Colorado Springs based IRP Solutions Corporation who were sent to prison in 2012 after being convicted in a federal court in Denver, Colorado on mail and wire fraud charges in 2011. The government contends that staffing companies, who conducted customary credit and bank references checks before doing business with IRP, were somehow duped into doing business with IRP Solutions based on alleged false statements by executives that they had a "current or impending" contract with a large law enforcement agency. Prominent former federal appeals judge H. Lee Sarokin, who reviewed the case and trial transcripts, said the IRP6 were prosecuted and convicted for "failing to pay corporate debts" and other experts agree that the case was a civil matter turned criminal by the government and doesn't stand up to scrutiny.
"The IRP6 dossier is a tragically sad and disturbing expose' about Colorado prosecutors and judges who abused their unchecked power to persecute and imprison upstanding men for non-criminal conduct, simply because they didn't personally approve of the amount of debt incurred in their business," concludes Banks.
A Just Cause will be providing the IRP6 dossier to the DOJ and members of Congress seeking dismissal of the indictment. The dossier will also be widely distributed via the Internet and in hardcopy to news organizations, other advocacy organizations, law schools, law firms, authors and television producers and the public-at-large in hopes that someone will help shed light on the horrible injustice.
Judge Sarokin, a playwright in his retirement, wrote a play called "The Race Card Face Up" about the strange disappearance of transcript related to judicial threats that violated the defendants 5th Amendment rights and forced them to testify against their will. Transcripts just don't disappear in the technology-driven 21st century. A reading of the play, released on the Internet featuring professional actors portraying the IRP6, can be seen on YouTube.
To view a copy of the dossier, go to http://bit.ly/2wBaCyJ.
To view Judge Sarokin's play on YouTube go to https://www.youtube.com/watch?v=Y94O5mMJqHU