Brett Hartmann
Hello! As you probably already know my name is Brett Hartmann, I am 6'2 tall and weigh on average these days at about 235 lbs, I have brown hair and eyes, though sadly the grey is winning the battle right now with my brown hair and is starting to take over!! I hear U have a great sense of humor, which really has helped for me to survive and keep my sanity over the past few years. Though I do also like a lot of country music I am mostly stuck in 1980's and love the 80's rock bands. I would like to think I have been blessed with a little bit of talent in the painting department, but even if I am just fooling myself that is OK as I have a lot of fun with my painting and it really does help the time to pass in here! My only other real hobby is learning; I love to learn! I am just sorry it took a trip to death row to remind me of that!!! I have been on death row now for going 10 years, which as you might imagine is way more then I would have liked to be here!!! Especially since I am innocent of this crime! I have always openly admitted that I made a lot of mistakes that night, and even a few that I can understand cast a cloud of suspicion over me, but I did not commit this crime! As for why I was convicted…? Some of my actions that night, when I found her body, I quickly realized that she was dead and that there was nothing that I could do for her, and I also knew that I probably had a warrant out for my arrest for unpaid traffic fines. I knew that f I called the police they would run my name and I would be arrested for the traffic warrants, which in turn would cause me to lose my job and a torrid of other things, so instead of calling the police I opted to instead collect every evidence of me having been there with her that morning and to leave and just not get involved! To be honest, had I kept my head about me I would have called the police right away, but when I found her body I freaked out and lost my head, which was a true shock in itself to me as I had always been a person who throughout my entire life had always kept a cool in head even in the worst situations, but when I realized she was dead I just freaked and instinct took over which to me was to get my stuff and get out of there as quickly as I possibly could! My case was afflicted with a little bit of everything, the only thing I have not been able to catch the state doing was in actually creating evidence – but it would not surprise me if I did find that!!! I had everything else happened in my case, from the prosecutors who hid evidence, all but one officer that got on the stand told outright lies of varying degrees, a lying jailhouse snitch, a defense attorney who I actually think actually took a few active steps to sink my case in exchange for favourable treatment for a big politician he had just been hired to defend – and the list just goes on and on! It took me numerous years, but I have come into the evidence that the police tried to hide from me, I doubt I have it all yet, but I have enough to hopefully at least win myself a new trial. My biggest problem right now is that I have never been able to get it before a court yet as I found it all just as I was leaving the last step in the American courts where you can get new evidence entered before the court. So right now I am having to wait until my appeals run their course and I run out of appeals, and then I will have to desperately run around and try to find a court willing to re-open my appeals so I can then get the new evidence before the courts, and I have to find that court willing to take another look before the state gets an execution date set for me and they kill me. I am pretty confident I can find a court willing to re-open my appeals as the new evidence I have is strong and clearly shows the state went after my conviction even while knowing I did not commit this crime. But these courts are fickle and no one ever really knows what they do!!! Best
Cleveland Scene Weekly Deadline Death row inmate Brett Hartmann says he can prove his by James Renner He's 34 but looks 50. He doesn't maintain eye contact for
long. Life in prison has not been easy for Brett Hartmann. But
he doesn't want to die.
His hands cuffed, he sits at a small table in the visitor's room
of the Ohio State Penitentiary in Youngstown, his home for
the past four years. When he talks, his voice is calm,
unassuming, a little high. He says that when he was first Brett Hartmann's fate is in the hands of Governor Ted Strickland who has yet to make a decision on whether or not he will commute his sentence. To contact the governor about Hartmann's clemency, e-mail jose.torres@governor.ohio.gov, call 614.466.3555 or mail letters to Governor's Office, Riffe Center, 30th Floor, 77 S. High St., Columbus, OH 43215- 6108. Source: http://www.clevescene.com/ STAY!!! We are very happy to share some great news with you. Today March 31. 2009 the Sixth Circuit Court of Appeals in Ohio granted Brett Hartmann a stay of execution! Brett was scheduled to be executed on April 7th. March 2009:
Sadly today the parole board
announced they were not recommending clemency.. There are a number
of media articles in relation to this. For now I shall just put the
link to the report.
http://www.drc.ohio.gov/Public/Hartman%20Clemency%20Report.pdf Execution Date has been set. September 2008
FRIDAY SEPTEMBER 5TH
August 2008 It is possible to dedicate single days of the Walk for Life to Day of the walk, APRIL 1st, 2008, will be dedicated to Brett Hartman, OH. At this day will “X” hold Brett’s name the entire day with pictures will be taken. Furthermore will his name be listed on all website that are dedicated to the Walk of life and make him immortally in one of the most powerful actions the Movement has seen for a long time. Date: Apr 1, 2008 6:54 PM
THIS INFORMATION HAS BEEN TAKEN FROM BRETT´S FORUM We have just been informed that the second day of the walk will be dedicated to Brett. (April 1st, 2008) Our most sincere thanks go out to Capital X (Andre) and everyone working to make this event a success. I hope some of the readers here will make a financial contribution to his walk, perhaps in Brett's name. I have also designed a support tee shirt that is available at Zazzle, and is customizable as far as color of shirt and style. The proceeds from this will be sent in support of this event, along with one of the shirts being sent to Capital X himself. The front of the shirt reads: The back reads: I have also just finished a brochure about Brett's cause that will be printed up and shipped to pass out during the walk. This message was send by Brett´s sister. Here you can download Brett´s flyer!
SUMMIT COUNTY COURT OF COMMON PLEAS, 97 09 1987 Brett Hartmann was arrested on September 10, 1997 , for the murder of Winda D. Snipes. Brett was 23 years old at the time of his arrest. Through phone records Brett has shown that he was at home and on the phone with a girlfriend at the time of the murder. His trial started on April 14, 1998 , and though he is actually innocent, he was found guilty on April 30, 1998 and subsequently sentenced to death on May 22, 1998 . All of which is a short period of time for a death penalty case. Brett went to Winda's apartment on the evening of September 9, 1997, and discovered her body, which made him an instant suspect. The police never looked anywhere else or at anyone else, despite witness statements that she was heard arguing with her boyfriend, Jeffery Nichols. A month or so prior to her death an argument, in which Mr Nichols was heard threatening to "cut the bitch up and slit her throat", which is very similar to how Winda was murdered. The police only gave Mr Nichols a cursory glance but quickly dismissed him as a suspect because he said he was at home drinking beer with a friend. The nature of Winda's death was a brutal one in which she was stabbed 135+ times, was severely beaten, strangled, her throat was slashed and her hands were removed (and have never been found). Despite such a brutal attack in which she was sure to have fought for her life. Pictures taken the day after the murder of EVERY inch of Brett's body show not a single scratch, nick, mark, bruised knuckles or any other indicator that would be consistent with a person perpetrating such an attack. The only mark on his body was, as the police described themselves, a "well healed" scuff mark on his left elbow that he received several days earlier while moving crates at work. Newly discovered evidence shows a blatant pattern of withholding evidence by the prosecution and an undeniable intent to convict an innocent person. Newly discovered evidence shows that fingerprints WERE lifted off of numerous items of evidence collected at the crime scene. This included a sponge mop, ashtrays, beer bottles and an alarm clock (this clock was a central piece of evidence), but at trial, Crime Scene Investigator Gregory Harrison testified that NO fingerprints were lifted off of these items. Had ANY of these prints police reports say were lifted matched either Brett's or Winda's, in Brett's case the State would have screamed it from the rooftops, and in Winda's case it would not have been cause to hide the police reports!! The only reasonable explanation for the State withholding these police reports is that none of the fingerprints match either Brett's or Winda's prints!! Newly discovered evidence also shows that the Coroner, Marvin S Platt lied during the trial, not only about the time of death but also about the time of the seminal fluid deposits. The Coroner testified to a "late afternoon to early evening" time of death, yet prior to trial he gave the State a 12 hour window for the time of death of between 5am and 5pm . He also testified that at the time of extraction the semen was 18-20 hours old – which places its time of deposit at or around her time of death. BUT police records show his pre-trial opinion of the semen being at least 36 hours old, thereby placing its time of deposit 13+ hours prior to her murder. Brett's trial counsel, Lawrence Whitney conducted almost no investigation; he relied almost entirely on the prosecution's investigators to do all of the footwork and accepted their findings as fact. He never even asked Brett his side of events; rather he said he preferred to let the evidence tell him what happened. Mr Whitney's co-counsel was Attorney Robert Coombs, whom in September 2001 came under investigation for fraud and theft from his clients. He pleaded guilty and was sentenced on April 23, 2002 , to four years in prison, for stealing upwards of $517,000 from his clients, dating as far back as 1993. In at least one instance it is evident that he was actively defrauding and stealing from his clients while representing Brett. Mr Coombs even bought the building that housed his law firm with the money he stole from a probate case. A year after Brett's conviction, his trial judge, Judge Michael T Callahan, was implicated in a murder investigation. An investigation which resulted from a prostitute/confidential informant who told her handler back in 1998 of an incident that had happened previously of a guy who took her to a court house, gave her coke and had her perform oral sex on him. The handler had her pick out the car she was picked up in and the chambers she was taken to, unbeknownst to her, the chambers and car belonged to Judge Michael T Callahan. Six days after her revelation she was murdered. Her information was passed onto the county prosecutor liaison with the Drug Enforcement Task Force, Judy Bandy. It still remains a "mystery" why the information was never passed onto the homicide detectives working the murder; it was instead put in the bottom of a drawer. It was not until late 1999 that this information surfaced but by then it was too late to be acted upon. The lead prosecutor in Brett's case, Judy Bandy, is notorious for burying evidence and over indicting. In the high profile "Akron Escort Case", in which she pursued RICO Act violations against simple prostitutes/escorts, she was removed as prosecutor after the case was shut down and a special outside prosecutor was bought in amid complaints from Judge Jane Bond and defence attorneys that Mrs Bandy routinely did and was withholding evidence. Judge Jane Bond openly criticized Bandy for violating disclosure laws in several already completed escort cases. Another Judge, Judge Lynn Slaby said with regards to Mrs Bandy, "she knew all of the cops and she knew which ones were good on the stand – or they got good". Mrs Bandy's actions in the escort case came as no surprise to Brett as she had just as big of a win at all cost attitude in his case as she, among numerous other things sought perjured testimony from a rebuttal witness she called to the stand, Police Legal Advisor Chuck Quinn, testimony she KNEW to be false!! The elicited testimony from Mr Quinn was designed for one purpose only, to discredit Brett's mother, Carol Parcell. Mr Quinn's testimony is in direct contradiction to every other detective's testimony that the State had testify, it is clearly perjured testimony. Mr Quinn's perjured testimony to the jury is believed to have played a MAJOR role in Brett's wrongful conviction. Mr Whitney did little to point out the perjured testimony to the jury even though he KNEW it to be false also. Mrs Bandy even went as far away as Portland , Oregon , to hire blood splatter expert, Mr Rod Englert. Whom if Mr Whitney had properly checked out, it would have been known that Mr Englert routinely made up evidence, lied and padded his credentials and in one case is believed to have planted blood evidence. He was also facing, as late as 2001, charges of "professional misconduct" by the American Academy of Forensic Sciences, dealing with his "blood splatter" testimony in certain cases. Lt John A Lawson, who testified against Brett, also committed several instances of perjury, which one can see once they compare his suppression hearing testimony to his trial testimony. He was also charged with and admitted to stealing computer software worth $2,489 from a company he was providing security to back in 1999. He is currently serving a 15 year sentence. No new evidence has ever been colleted in this case since that which was collected at the crime scene the day after the murder, yet after Brett's arrest but prior to his indictment. On September 13, 1997 , Deputy Police Chief Michael Matulavich admitted during a press conference that they did not have enough evidence to charge Brett. This was until they got a "big break" in the case, which was a report by the Sheriff's Office, of hands being found at a County trash sorting centre. So they quickly charged Brett and THEN went in search of their "big break", which turned out to be a pair of bear paws. So they were left with their original statement that they did not have enough evidence to charge Brett, only it was too late as they were already being heralded by the press for their great detective work. So they took Brett to trial "to roll the dice". Brett was at Winda's apartment the night prior to her death, while there she received a phone call, though she did not answer it, she told Brett he had to leave as her boyfriend was coming over, so he left, after which she received another phone call no more than five minutes after the first, she did not answer this call either. Detective Urbank testified that he investigated her phone records and determined that the call came from a pay phone on Kenmore (several towns away). On April 18, 2002, an investigator hired by Carol Parcell was able to determine that the pay phone with the number that made the calls in question DID NOT originate from a pay phone in Kenmore as Detective Urbank had testified, but rather came from a pay phone in Akron, which was less than 75 yards from Winda's apartment with an almost direct line of sight to her apartment windows. When the police first arrived on the scene they entered the apartment, saw the body, left and "secured" the scene. The first detective on the scene, Detective Urbank entered the apartment, saw the body, left and went and obtained a polaroid camera from his car, returned and took several photos of the body, left again, upon which the apartment was again "secured" until the other detectives and Crime Scene Investigators arrived. CSI member, Gregory Harrison, within minutes of his arrival started documenting (taking photos) of the scene. All involved claim NO ONE touched the body or moved anything until AFTER Mr Harrison finished documenting the scene. Yet, in Detective Urbank's photos a pair of spandex pants are under her right thigh but in Detective Harrison's photos the pants have been moved from under the body to "just north" of the body. Despite the detective's thorough search of her apartment, a condom was missed which was found a month later clinging to the underside of the bathroom trash can. Despite Brett's appellate attorney's repeated request for the condom to be tested, the courts to date have refused to order such testing. This is along with several hairs that were found on top of Winda's body, all of which were inconsistent with Brett's hair. Brett's appellate attorneys have also requested testing of these hairs, again to no avail as of today's date. After Brett's conviction and sentencing, his trial counsel, Mr Coombs asked a juror what they convicted Brett on, all the juror said was "it took us several days, but we found a reason to convict him". In conclusion since his arrest Brett has continuously maintained his innocence. His family has always believed in his innocence and continue to fight for his exoneration and freedom.
It is believed that approximately between 4:39 p.m. and 5 p.m. on September 9, 1997 , Winda Snipes was murdered in her apartment at 21 S. Highland St. , Akron , Ohio . She had been stabbed 135+ times, she was severely beaten, strangled with a cord that was cut from a clock, her throat was cut and her hands had been disarticulated. There are no known witnesses to this crime. My name is Brett Hartmann, and on April 30, 1998 , I was convicted of aggravated murder, aggravated murder with death specifications, kidnapping and tampering with Evidence in the death of Winda Snipes. Subsequently, on May 18, 1998 , I was sentenced to death. The prosecutor's motive and theory of the murder is that at 3:30 a.m. , September 9, 1997 </ST1:DATE>, someone called Winda, interrupting our date and thereby preventing any previously discussed anal intercourse. As a result, I flew into a rage and returned to her apartment 13 hours later and murdered her. They further claimed that I removed her hands because during the struggle she had gotten DNA under her fingernails. My defense countered that I could not have committed the murder because in the middle of the time frame the murder was committed, I was at home, over five city blocks away on the phone, which was backed by the phone records. Sequence of Events On the night of September 8, 1997 , at about 7 p.m. I went out for a night of drinking and playing pool at the Inn -Between Bar in Akron , Ohio . At about 2 p. m. I left there and walked to another bar, the Bucket Shop, which was located just a few shops down. It was there that I ran into Winda, she a friend that I know less than a year, and whom I had only bumped into maybe three times during that year at the local bars. I bought each of us a beer and myself a six-pack to-go and then we left for her apartment which was located just across the street. At her apartment we both danced for a little bit, drank beer and then approximately 3:15 engaged in sexual relations. At 3:32 a.m. , she received a phone call which she did not answer, though she quickly stated her boyfriend was coming over and that I should leave. I quickly grabbed my belongings and left. I then walked to my apartment, which I shared with my mother since her hip replacement. I slept that day of the 9th until about 2 p.m. , it was my day off as cook at the Quaker Square Hilton in Akron , Ohio . When I awoke I started some laundry and cleaned the apartment, the at about 3:35 a.m. I decided to take a nap and slept again until a little after 6 p.m. when my mother returned home from her job. Though I had slept mot of the day, I had been continuously awakened by phone calls throughout the day. I then caught the 7:38 p.m. bus to travel the several blocks back up the Inn -Between bar. While walking towards the back door of the bar I noticed a light on Winda's apartment and decided to stop by her place first. I knocked on her door but due to loud music coming from her apartment I figured she couldn't hear me, so I let myself in. As I passed by her bed I noticed a leg tied to the bed frame and draped across the bed. So I went to go see what was going on and found her body crumpled up in a small place space between the bed and the wall. I stepped over her body and attempted to lift her, but due to the cramped space I was unable to lift her up. As I placed her back down I noticed that her hands were gone and that I had gotten some blood on my hands- at that point I basically freaked out, ran to the bathroom and washed the blood off of my hands. I quickly decided that given my outstanding traffic warrants, calling the police would only result in my arrest on those warrants, as she was clearly deceased calling them would not have helped her any. So I decided just not get involved. I then went and collected anything that showed I had been there earlier that morning such as cigarette butts, empty beer bottles etc. While collecting these items I noticed a t-shirt belonging to me laying on her bed, which in my inebriated state and quick departure that morning I had left behind. I collected everything and her apartment keys and left, locking the door behind me (to prevent that anyone from unwittingly walking into the horror that I had). I then threw the keys and beer bottles in a dumpster across the street behind the bars and ran home. At my apartment, when I threw the t-shirt in my hamper I noticed small spots of blood on it, believing that my mother might see the blood and think something had happened to me, I threw it instead behind my bed. I then returned back to the bars and started drinking heavily. Shortly thereafter I decided that I could not let her lay there deceased, so at 9:59 p.m. (according to phone records), I placed an anonymous 911 call and informed them of the body. A few minutes later I looked outside and saw the police leave, so figuring they believed it a prank call, at 10:58 p.m. I placed another anonymous 911 call with a better description of which apartment she was in, this time they found the right apartment. After about another hour of drinking and discussing it with a friend, I decided to talk to the police anyway. I spoke with Det. Urbank, though I only discussed my time with her that morning. After our talk I returned to the bar and then went home about 1:30 a.m. At 5:30 a.m. I was awakened by Det. Urbank calling and requesting an interview at the Police Station, to which I agreed, but since I did not have a vehicle he picked me up at about 6:00 a.m. During our interview I continued to omit finding the body and placing the 911 calls, so at about 8:30 a.m. Det. Urbank took me back home. As we arrived, Det. Urbank was instructed to place me under arrest for my traffic warrants, which he did and then returned me to the interview room at the police station. I then realized that I could not keep from getting fully involved in a murder investigation, so at about 9:30 a.m. I knocked on the door and spoke with a Det. Gilbride and told him everything including finding the body, making the 911 calls and the t-shirt. I then consented for them to search my apartment. During the search they seized the t-shirt, my clothes from the previous day and my fishing and kitchen knives. I was then placed back in the interview room and interrogated off and on until about 11 p.m. when I was then placed in the Summit County Jail. At 4 a.m. the following morning I was taken back to the Police Station where they photographed every inch of my body and continued their interrogation and conducted a polygraph exam (after which they claimed the machine had not been turned on). I was then returned to the County Jail and then two days later on September 13, 1997 I was charged with Aggravated Murder and Tampering with Evidence. Two weeks later, without the prosecution presenting any new evidence to the Grand Jury, I was charged with Aggravated Murder with Death Specification and Kidnapping. THE TRIAL The coroner, Marvin S. Platt, testified he arrived on the scene at 12:15 a.m. , September 10th , and upon arriving determined the time of death to be "late afternoon to early evening". He further testified to her wounds and that many of the stab wounds and the removal of the hands occurred as she was or after she had expired. He also believed three knives were used in her murder. He also testified he lifted three "long dark hairs" from on top of her body. He further testified that at 11 a.m. on the 10th he extracted semen from her anal and vaginal cavities and he determined, at that time, they were 18 – 20 hours old, placing their time of deposit between 3 – 5 p.m. on the 9th – at around her time of death. Officer Jean Natko testified when she responded to the first 911 call she knocked on the door, hear nothing and moved on, but upon responding to the second 911 call heard loud music in the apartment and found the door unlocked. Det. Joseph Urbank testified he was the first detective on the scene, so he took Polroids of the scene and the secured the apartment for the CSI. He further testified that Winda received two calls, one at 3:32 a.m. and another at 3:36 a.m. on the 9th , neither of which were answered, but that both originated from a pay phone in Kenmore , Ohio (which was several towns away). He also testified that I received numerous phone calls throughout the day of the 9th , including a 24 minute call at 3: 12 p.m. and a 4 minute call at 4:50 p.m. He also stated that he talked to the coroner at the scene. He then testified that previous to picking me up at 6 a.m. on the 10th , he had gone to the local cab company at 5 a.m. and checked cab arrivals and departures from Winda's apartment building between the hours of 11 p.m., September 9th and 1:00 a.m., September 10th . On cross-examination he admitted that he believed the time of death was between 5:00 p.m. on September 9th , he said this is based on a local business man seeing Winda at 4:30 p.m. on the 9th , she had no vehicle and the last bus that would have gotten her to work on time left a block from her apartment at 5:00 p.m., which she obviously never made. Det. Gregory Harrison, the CSI, testified as to how he documented the crime scene, including how he documented that the clock that had the cord cut off of it had stopped at 3:39, that he dusted the clock, which showed it to be covered in fingerprints. That he collected a sponge mop which appeared to have blood on the sponge, but that he never did attempt to lift prints off the handle. That he collected several beer bottles from a trash bag in a dumpster and fumed the bottles, but was unable to lift any prints off of the bottles. He also testified that he and Det. Urbank decided not to attempt to lift the prints off of the clock, but rather to re-attach the power cord to see if it worked in the hopes that if it did work, the time the clock stopped would indicate when the murder occurred, they ran it for five minutes. On cross-examination he admitted that photos taken of me the day after the murder showed me with close cropped hair and no marks on my body (except for, as he put it, a "well healed scuff" on my left elbow), no bruises or scratches or bruised knuckles or anything that would indicate I had participated in an attack like which had occurred. He also admitted that the Polaroids taken by Det. Urbank showed a pair of spandex pants partially under the body, but in his photos they were removed from under the body and "just north of the body". He had no explanation for this as he testified the scene was secured after Det. Urbank took his photos until he arrived and started taking his photos, and that no one had entered the apartment while it was secured. Det. Larry White testified that he collected a used condom that was found clinging to the outside of the bathroom trash can a month after the police had finished searching and processing the crime scene. And that it had been found by a Victim's Rights Advocate when the apartment was released to her family. Byron Tyson, a jailhouse snitch, testified that five minutes after meeting me I fully confessed to him. He also stated he did not know why the state dropped several charges against him and reduced his Possession of a Firearm under Disability charge, neither did he know why it stated in his plea agreement "charges dropped and or reduced for his cooperation in a further matter of the state". Blood splatter expert, Rod Englert, testified that some of the blood on the t-shirt was in linear patterns consistent with a knife being laid upon it. Also that the bedspread had a "void" on it where there was no blood, and this is likely where the t-shirt was during the murder. On cross-examination he admitted there really was no "void". James Wurster of the Ohio State BCI testified he did not do DNA tests on the semen samples or the condom because I had admitted to sexual relations with the victim the day of the murder. He also testified that all of the knives seized from my apartment, though admitted into evidence at trial, were not involved in the murder. He further testified that a pin-head spot of blood was found on my shoe. On cross-examination he admitted that he had been told I denied using a condom he would have done DNA tests on the condom. He also testified that he only tested the blood droop on my shoe to see if it was blood, he did not know if it was animal or human, and that he should have done such as they were my work shoes and as a cook I worked with various meats and all cooks routinely cut themselves. For my defense, Jeffery Barnes testified that while visiting Winda a month or so before her death, her boyfriend Jeffery Nichols started banging on her door threatening to "cut the bitch up, slice her throat". Linda Kinebrew testified that Jeffrey Nichols moved out of the building several days before the murder and that prior to moving out he was the building handyman and had access to all of the apartment building master keys. My mother, Carol Parcell, testified she returned home from work little after 6:00 p.m. th to find me asleep. A friend, Jessica O'Neil, testified that she called me several times during the 9th , including once at 4:50 p.m. , though the conversation was brief, she believed she had woken me up. I took the stand in my own defense to explain that though I made many incorrect decisions after finding the body, I was innocent of murder. Police Legal Advisor, Chuck Quinn, testified on rebuttal that he obtained the search warrant at 10:45 a.m. on the 10th and participated in the search of my apartment. But he also testified that it was not until after the search of my apartment, later in the afternoon that I first told of finding the body, making the 911 calls and the t-shirt. In their closing arguments, the state relied heavily upon P.L.A. Chuck Quinn's testimony stating that I was constantly changing my story to meet the evolving evidence and therefore could not be trusted. POST-TRIAL During my trail, my sister wrote down the phone number Det. Urbank testified called Winda at 3:32 a.m. and 3:36 a.m. She called it and discovered it belonged to a pay phone less than 100 yards from Winda's apartment building and which has a near direct line sight to her windows. She informed my attorney of this but he did not act upon it. In April of 2001 I was finally able to hire an investigator to verify and create and affidavit that the phone number did in fact belong to a pay phone less then 100 yards from Winda's apartment and not several towns away. In July of 2004, my mother filled a Public Records Act request and obtained a copy of my case file from the prosecutor's office. In those documents I discovered y trial attorney had hired nationally renowned forensic experts Barton Epstein and Terry Labor to review Rod Englart's findings. Both of whom found my attorney never called them to testify, nor did he ever pass on that he had hired them or their findings to any of my appellate attorneys. Also found was a report stating the clock that had the cord cut from it DID have numerous prints lifted from it, also an evidence report for the same clock which had "prints compared" written on it in the prosecutor's handwriting. Also found was a report stating numerous prints were lifted from the sponge mop handle. Accompanying this report were photos of the lift tape used on the mop handle, which clearly showed numerous prints on the lift tape. Also found was a report stating that numerous prints were lifted off of the beer bottles that Det. Harrison said he had fumed and could not lift any prints off of. Based on the Coroner's testimony that the semen was deposited "at or around the time of death", I demanded DNA testing. In April of 2004 District Court Judge James S. Gwin ordered DNA testing of only the semen samples. In June of 2004 the result came back as belonging to me. In the Public records Act request I found a document that proved my claims that the coroner had to be wrong about the time of deposit. I found a report by Capt. R. Mullins, which documented a phone call from the coroner three days after the murder in which the coroner states that the semen was about 36 hours old – thereby putting it's true time of deposit back around when I said I was with her – 13 hours before the murder, at 3:30 a.m. Also in the same report by Capt. R. Mullins, the coroner asks if the clock showed a.m. or p.m. time, when Capt. R. Mullins said it showed neither, the coroner stated the time of death could be either the a.m. or p.m. time which contradicts his adamant time of death at trial of "late afternoon to early evening". The above mentioned records were never turned over to my trial or appellate attorneys. And despite repeated requests, the used condom and the hairs found on the body have never been subjected to DNA testing. As I received the Public Records Act request as I was leaving the District Court, I have yet to get any of it before a court yet. There is no shortage of villains who participated in my trial and who went to every extreme to ensure my wrongful conviction. I have proclaimed my innocence from the beginning, I had no reason to commit acts of violence and hide evidence of my innocence. I need help finding out who placed that 3:32 a.m. and 3:36 a.m. phone calls and other investigative work, along with starting a grass roots effort to bring my case to the public's attention. If you think you can help me, I can be reached at: Brett Hartmann 357 – 869 Or my sister at: http://www.enddeathpenaltyforbretthartmann.com
Feel free to contact Brett Hartmann. Please feel free to contact him for any information: Brett Hartmann 357-869 Or you can send him an email to his own email address: Or please feel free to contact his sister for information Or if you have question please contact Diana:
Click here to open or download with right mouse button
Brett's official webpage Brett's myspace A few of Brett's Paintings
|
