Legal Overview:
Conviction
Erie County Legal System Corruption
The legal journey of Keyontay Ricks is a complex narrative marked by wrongful conviction, overlooked evidence, and a steadfast fight for justice. Here, we detail the critical legal proceedings, pivotal evidence, and efforts to overturn his conviction.
Initial Conviction
- Sentencing: On October 27, 2005, Keyontay Ricks was sentenced to 20 years in prison following a jury conviction for Robbery in the First Degree (P.L. 150.15 [4]) and Criminal Possession of Stolen Property in the Third Degree (P.L. 165.50). The conviction arose from an incident purportedly involving the robbery of a Rent-A-Center deposit bag.
Key Legal Developments
- C.P.L. 440.10 Motion (2016): In August 2016, Keyontay filed a C.P.L. 440.10 motion, asserting actual innocence. This motion was supported by new evidence and testimonies, leading to a crucial legal development.
- Vacated Conviction (2017): An evidentiary hearing in January 2017 presented compelling evidence, revealing that the alleged robbery never occurred. On January 30, 2017, the court vacated the robbery conviction but upheld the charge of possession of stolen property.
- Newly Discovered Evidence (2019): In June 2019, another C.P.L. 440.10 motion was filed, introducing an affidavit from M. Borina. Her testimony revealed that $1,400 of the allegedly stolen money was seized from her and another individual by police in which was their personal money and was never returned to them.. This information was corroborated by a police report from Detective Joanne Cino.
Evidentiary Hearings
- January 2017 Hearing: This hearing was pivotal in demonstrating the lack of a legitimate robbery. Testimonies from multiple witnesses, including Kurtel Walker and Antwynias DeGraffenreid, highlighted Keyontay's non-involvement in the alleged crime.
- November 2019 Hearing: During this hearing, new testimonies and documentary evidence further challenged the integrity of the original conviction. The court heard from key witnesses, including Marina Borina Dowdy and Kurtel Walker, who reaffirmed that Keyontay was not involved in any criminal activity.
Legal Missteps and Misconduct
- Brady Violations: The prosecution failed to disclose exculpatory evidence, a significant breach of legal duty. This included a report verifying that a substantial portion of the alleged stolen money was not in Keyontay's possession.
- Inconsistent Testimonies: Law enforcement officers provided conflicting accounts of the case details, further undermining the prosecution's narrative.
Ongoing Legal Efforts
The fight for Keyontay's exoneration continues as new evidence is brought to light and legal avenues are pursued. Advocacy efforts are focused on fully overturning the remaining conviction and securing Keyontay's release.
Complaints & Affidavits
Corruption of Amherst Police Department
Felony Complaint: Buffalo City Court :
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Amherst Police Complaint:
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Affidavits Proving Innocence:
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Memorandum Indictment:
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