Welcome back to the “Where are the Heroes?” podcast series. I am Beau Johnson, the author of The End of Justice.Based upon what we have learned about the Government’s case against Orlando Carter, we can only reach but one conclusion. No innocent American should ever endure his experience. No one should suffer the abject indifference and heightened arrogance of public officials who knowingly or unknowingly abuse the criminal justice system.There are grave foundational problems in America. Many of them originate within the minds and hearts of public officials who often act without regard to basic facts and truth. Sadly, facts and truth are secondary to their ulterior motives. For example, nothing can excuse FBI Agent Kevin Gormley from failing to adequately investigate PNC Bank’s false claims.Stated simply, a great injustice occurs when little men with over-sized egos seek glory instead of grinding through the rigors of significant details to achieve verifiable and veritable conclusions to criminal cases.We now know what is indisputable regarding the Federal Government’s case against Orlando Carter. PNC Bank lied about a $4 million loan obligation. Orlando never had this financial liability with this financial institution. There is no need to reiterate the amount of evidence in our possession that supports this fact. Suffice it to say that PNC Bank made false claims which the FBI did not thoroughly investigate.This brings us to the next phase of the criminal case against Orlando Carter, the submission of the Gormley’s “facts” to Gregory Lockhart, the United States Attorney for the Southern District of Ohio. Lockhart’s assistant, Richard Chema, handled the case against Orlando Carter.Just to clarify for this audience, the US Attorney should not gratuitously accept the FBI’s investigative conclusions as true. Rather the Department of Justice, through the US Attorney, is expected to conduct its own competent and comprehensive investigation. Even when the US Attorney does not conduct such an investigation, it is deemed to have been done, nonetheless.Did Lockhart and Chema conduct an independent investigation? No.Did Lockhart and Chema investigate PNC’s allegations? No.Did Lockhart and Chema seek the assistance of the Department of Treasury? No.Did Lockhart and Chema conduct a forensic financial audit? No.Since Orlando was convicted of a crime related to an alleged $4 million obligation, we must conclude that Chema failed to determine the facts and truth. For Chema relied upon a piece of paper signed by James Smith which was not legally or financially binding upon either Orlando Carter or his company. Chema asked and the court permitted the jury to see a document that was pitched as a guaranty of a loan. Nothing could have been farther from the truth.Chema’s submission and the court’s acceptance of this “guaranty” as evidence of a $4 million loan obligation cannot be reconciled.Orlando’s situation was made even more difficult since his defense attorneys did not verify the existence of the alleged $4 million loan obligation. They merely questioned the Government if the loan existed. When they received an affirmative response, they did not pursue the matter. This must be viewed as gross negligence as well. Defense attorneys are often culpable for grave mistakes and incompetence. This is exactly what happened with Orlando’s lawyers.Let’s pause to appreciate Orlando’s desperation before the trail began. The FBI, DOJ, and Court accepted that Carter had a financial obligation to PNC Bank without his defense attorneys investigating and refuting this false claim. Consequently, a black man sat alone as the legal system allowed a jury to believe that the fictious loan was real.Chema’s failure to dignify Orlando’s potential innocence is monumental. For, Chema effectively defeated truth as he cemented into the court a lie which became central to the “the record.”This record is what the government and courts rely upon as finality for the preservation of a conviction. Thus, when a defendant makes a righteous, post-conviction challenge, the prosecutor and court summarily dismiss such attempts by asserting that the record is established. The record is final. The record proves guilt. The record is truth.Over the years, Orlando has challenged his conviction repeatedly only to have the government and court argue that the established record confirms his guilt.But what if the record is based upon a lie?This brings us to a very significant point. We have heard of innocent people being exonerated when DNA proves they did not commit the crime. DNA evidence is irrefutable. Blood, saliva, hair, semen, and much more are insurmountable proof of innocence and guilt.Now let’s ask an important question. Is the absence of banking instruments and corporate resolutions authorizing a loan the equivalent of a lack of financial DNA? In other words, if Orlando’s physical DNA was not at the scene ...
