Continued from A2
To
City.
CA
continued from Pag 1
that he w "the h of a very
important job at B 11 Telephon
Company, and th re req t
from the Bell Telephone Company
(to have her excused) that w hon­
ored" by the judge.
"My i nv tigation h rev al d
that thi te tirnony wa patently
fal ," Mafnce aid.
Brown, who till work for
Michigan B 11, w at th time of the
Carter mal a clerk and did not hold
a managerial or upervi ry posi­
tion.
Furthermore, Mafrice di cov- .,
ered, Brown' upervi r id th
phone company had a policy not to
requ t their employee excused
from jury duty.
Brown told Mafrice h WJS at
the courtho , ready to rve on the
jury,butw toldshe asnotneeded
and to leave.
ARM .. D WITH IG ED af­
fadavits from both Brown and her
supervi or at th tim 0 Carter's
trial Mafrice began a campaign last
Spring of writing the-Berrien County
Prosecutor, the Attorney General
and the Justice Department alerting
them of the 'ly discovered evi­
dence.
All refused to get invovled, say-
i jury' x •
. pired-it w too late to do anything.
In addition, ince Thomas
Schadler, the cop shot in Benton
Harbor in 1973, is now an employee
of the Prosecutor, the Prosecutor
begged off with a "conflict of inter­
est" excuse.
He also aid that Schadler and his
wife had "positively" identified Car­
ter as the assailant and refused to
reopen the case. Ironically, the day
of the shootin ,Schadler told inves­
tigating officers he did not see the
man who shot him and then fled
down Main Street.
BUT THE OMI ION of that
contradiction was just one of many
facts never told the jury during the
original trial.
The Prosecutor was not the only
one to reject Mafrice's plea for con­
sideration by refusing to give Carter
a new hearing. The Federal District '
Attorney for the Western District of
Michigan, John Smietanka, would
not get invovled. Smietanka also
pleaded conflict of interest: he had
been the pro ecutor at Carter's trial.
Now, the matter goes back to the
Berrien Courthouse after 17 years.
Mafrice is asking for the courts to
overturn Carter's conviction and
hold an evidenciary hearing to take
testimony from Clementine Brown
and her supervi or about the jury
selection,
The effort to alert the public
about his case began with a letter
from Carter to thi paper back in
1980.
After the Michi an Citizen ran a
four-part series relating how Carter
was arrested on the perjured state­
ment of a convicted dopes ter who
served time for hi lie; how the Afri­
can American woman who spent
five minutes withScha dler's ail­
ant prior to the hooting testified
Carter was not the man who shot the
officer; and all the gapi ng hoi in
then-Prosecutor John Smietanka'
case against carter CNN ran a one­
hour investigative report on the case,
A highlight of that presentation
was Carter' passing three times of
the lie-detector te t admini tered
him by a nationally known firm out
of Atlanta. '
UPON VIEWI G THE CNN
report, a Traverse City couple do­
nated $10,000 to hi re a Detroit At­
torney to work on Carter' case. That
lawyer was as ineffective as hi first,
court-appointed attorney, James
Je e of Bu harman, Carter aid in a
phon interview,
"I know that thi time justice will
be erved," Carter aid of the sched­
uled hearing.
Jav 'he'd."
January 17- February 12
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