Lawyers for jailed big cat traders and Netflix King of the Tigers star Joseph Maldoado-Passagebetter known as “Joe Exotic”, recently submitted a number of documents and applications for a bid for a new process.
Earlier this month, Exotic’s legal department filed a lawsuit 67-page application for a new trial at district court level. Late Tuesday, a 82-page legal letter has been asked for redress in the US Court of Appeals for the Tenth Circuit.
Extensive exhibits, well over 100, were also filed with both federal court records. Exotics lawyer John Phillipssaid in a statement that those exhibits contain “evidence of collusion and fraud.”
In 2019, Exotic was convicted of multiple federal crimes, including nine counts of violating the Endangered Species Act, eight counts of falsifying wildlife records, and two counts of attempting to hire a hitman to assassinate his archrival. Carol Baskin.
He was eventually sentenced to 22 years in federal prison.
In the April 1, 2022 request for a new trial, Exotic’s sentencing attorney alleges that he recently “discovered information intentionally not disclosed to defense counsel at the trial and willful acts of serious misconduct by law enforcement and… investigative authorities” who landed the case King of the Tigers Star behind bars.
“The newly discovered evidence consists of photos, videos, text messages, and recorded phone calls between cooperating individuals that severely undermine confidence in Maldonado’s verdict that the judiciary is demanding that his conviction be vacated,” argues the circuit court filing.
The original filing alleges that the new evidence shows that at least three government witnesses were involved in a conspiracy to commit perjury to secure conviction. The filing also states that the government itself is involved in numerous brady Violations – that is, do not turn over possibly exculpatory evidence for defense.
“This new evidence is of such a serious nature that it justifies the granting of a new trial by the court,” the filing states. “The jury was not given an opportunity to hear key testimonies related to important issues in the case. The actual “controversy” has not been fully negotiated and therefore a new process is required. The integrity of the justice system should allow a jury to hear and evaluate the evidence.”
The appeal brief, filed Tuesday afternoon, offers a decidedly less controversial legal theory: that the court once again miscalculated Exotic’s time behind bars by handing down two of his sentences consecutively rather than simultaneously because of the nature of the crimes.
“The District Court’s decision of consecutive sentences on Counts 1 and 2 is unreasonable,” argues the most recent filing in relation to Exotic’s conviction charge of murder, saying that the sentencing was an unconstitutional violation of the defendant’s rights to due process and that Congress likely did not intend “such a harsh outcome.”
“The two briefs (one challenging the case at the trial level and the other at the appellate level) are evidence that the wrongdoing is still upheld at the trial and is not properly investigated,” Phillips told Law&Crime in response to a question about the latest legal effort.
“The 150+ exhibits are disastrous for the government’s case, showcasing new evidence, perjury, conspiracy to convict and grossly inefficient trial counsel assistance,” the attorney continued. “But instead of a proper investigation, the system continues to bury its head in the sand. These briefs show why this case needs to be retried.”
Exotic himself made a fierce statement about his latest fight:
Many thanks to my lawyers for the year of hard work. My attorneys, John Phillips, Amy Hanna and Molly Parmer have been digging the trenches of hell to get the evidence they have to get me home. It is now up to the judge to authorize a new trial or drop the whole thing, which would be right. It would be correct if the Attorney General and the US Attorney in OKC issued the Asst. US Attorney in OKC and Agent Bryant responsible for conspiracy to commit perjury, knowing her witnesses are lying.
Only in America can the government kidnap you, lie under oath, and put you in jail when they know better. But I believe that I will go home. God put me on a path to see and know what was wrong and what was missing in my life. I know what’s wrong and I will be the voice to change that for so many people.
[image via screenngrab/Netflix]
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https://lawandcrime.com/high-profile/their-witnesses-were-lying-joe-exotic-accuses-federal-authorities-of-conspiracy-to-commit-perjury-as-attorneys-file-legal-briefs-in-bid-for-new-trial/ Joe Exotic accuses Feds of conspiring in bid for new trial