Justice for Arthur

A Matter of Justice

2011-01-11T12:48:00.000-08:00

Download the Flyer HERE and please pass it around

The Wrong Man

2010-12-27T08:34:00.001-08:00

Urgent Letters needed to the Governor

2010-12-22T09:10:00.000-08:00

Hello all,
As you know Governor Strickland will only be in office another 20 days or so. Kathryn Sandford of the Ohio Public Defender's Office, and Rick Kerger, Arthur's lawyer, submitted a clemency application to Governor Strickland on behalf of Arthur Tyler on Dec. 2nd.
Please forward the message below widely.
Thank you.
Ian

Please consider taking five minutes to help support life and spare a man from state execution. Your help is greatly needed to send a letter to Governor Strickland on behalf of Arthur Tyler, a man on death row for 27 years with a strong claim of innocence.

Arthur's legal team (Rick Kerger and Kathryn Sandford) submitted a clemency application to Governor Strickland and letters are needed to call for Governor Strickland to pay careful attention to this case and grant clemency.

Below are some talking points and the address to send to the Governor.

Please take the extra step of sending an email to us to let us know that you sent a letter to Gov. Strickland so we can keep a rough count of how many letters are sent and have contact information to reach you for future updates if you would like. Send a quick email to heisey2140@sbcglobal.net upon sending your letter.

Thank you very much for your time and energy in this life and death matter!

Peace,
Ian Heisey

SAMPLE LETTER: (Please put in your own words as much as possible and add something personal if you can)

Dec.15, 2010

Governor Ted Strickland
c/o staff attorney/clemency application
Riffe Center, 30th floor
77 S. High Street
Columbus, OH 43215-6108

Re: Arthur Tyler #A175-637

Dear Governor Strickland,

I am writing regarding Arthur Tyler, a father and grandfather who has been on Ohio's death row for 27 years with a strong claim of innocence, and ask you to grant clemency in this case.

* There is no physical evidence linking Arthur Tyler to the crime and there are no eyewitnesses

* Leroy Head, the state's star witness, was the co-defendant in the case who later recanted his claim that Arthur Tyler committed the murder of Sanders Leach.

* Leroy Head has confessed to the crime more than six times (including to his own mother) and has been freed from prison since 2008.

*Evidence was withheld from the defense attorneys which the jury never considered causing serious doubts about guilt.

*Disproportionate time of 27 years has been served by Arthur Tyler while the man who confessed to the crime and was the co-defendant, Leroy Head, is now free.

Arthur Tyler should be released.

I appeal to you to use your executive power to support life, mercy and justice, not the irreversible penalty of death in a case full of so many serious doubts. Thank you for your attention on this urgent matter.

Respectfully,

Your signature

[Please print your name and address]

Arthur's website updated

2010-08-29T06:00:00.000-07:00

With a song written and performed by Tom-Allen Wolf named "The Wrong Man"

This song was written in support of Arthur's fight for justice. The copyright belongs to Tom-Allen Wolf. You can contact Tom Allen Wolf with any comments at wolf-thomas@sbcglobal.net

See Justice for Arthur Tyler Website

Please send a message of support to Arthur

2009-01-09T18:58:00.000-08:00

You can send messages by email to

justiceforarthurtyler@googlemail.com

Or send a card to:

Arthur Tyler 175-637
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown,
OH 44505

Fast Facts: Why is Arthur Tyler on Death Row?

2008-11-07T01:09:00.000-08:00

Why is Arthur Tyler on Death Row?

Leroy Head, co-defendant, testified against Tyler in return for a plea agreement with the state requiring him to testify against Arthur.

• In regard to discrepancies in his confessions to police. “He explained that he made all up except for one: the one that exculpated Arthur.” (Investigators Stokes & Vickers, 6/8/’89)

• “He stated that he was young [18], and never been in trouble before, and was afraid to go to death row. As such he willingly implicated Arthur at the first trial. (Ibid.)

What happened at the second trial after the Court of Appeals reversed Arthur’s conviction?

• He was coerced. “Prosecutor William Gerstenslager threatened him…[he] made clear to Leroy that one of two things might happen. First he would revoke the deal and make sure Leroy got the death sentence. Or, he would sent Leroy from Lucasville to Marion or Lebanon, and ensure the inmates knew he was a snitch so he would be killed. In light of these threats, Leroy testified the second time.” (Ibid)

• He told me not to mention his threat when I took the stand the following day (Affidavit of Leroy Head 7/29/’91).

Leroy Head claimed responsibility for the shooting 6 times.

• Leroy Head signed 4 confessions in which he claims responsibility for the shooting.

(3/14/’’83; 3/24/’83; 4/15/’85; 4/27/’86).

• Leroy Head claims responsibility for the shooting to investigators 6/8/’89 and in an affidavit (7/29/’91).

What was the extent of Arthur Tyler’s involvement?

• “Arthur Tyler didn’t know what I was doing to the old man. We didn’t plan to rob the old man. I thought of it while I was waiting for Arthur to come out of the store.” (Exhibit D Statement of Leroy Head taken at County Jail 3/24/’83).

What court/ legal actions compromised the verdicts?

• William Gerstenslager, the prosecutor at Arthur’s first trial left the prosecutor’s office to work for the attorneys appointed to handle his appeal. Once the appeal was won, Gerstenslager left the attorney’s firm and became prosecutor at Arthur’s second trial.

The second trail judge appointed the same appeal attorneys to handle the second trial even after being informed that the prosecutor sitting the case had worked for these attorneys during the appeal process.

• The prosecutor’s manipulation of evidence in relation to another trail is a matter or record. William E. Gerstenslager was convicted 8/16/’89 of failing to disclose exculpatory evidence in a rape case in Cuyahoga County and fined $500 plus costs and given a public reprimand.

• During testimony of the defense investigator it was learned that he also worked for Leroy Head’s defense in 1983 before Leroy implicated Arthur.

• During trial Arthur was never called back for questioning when the jury deadlocked. In Ohio law, without unanimous agreement, the death penalty cannot be invoked. In this instance the judge gave the improper Allen charge instructions no longer used in the guilt phase of a trial and required the jury to come up with a clear verdict.

• These and other errors of equal gravity were either never acknowledged by the court or deemed “harmless errors.”

What happened to Leroy Head?

• He was released from prison at the beginning of June 2008.

What is wrong with the system?

• An aggressive County Prosecutor’s Office in the ‘80s resulted in an escalation of death penalty convictions. “Allegations of withheld evidence, even in capital cases, have cropped up time and again from the 1980s” (Plain Dealer, 7/10/’06).

• A plethora of evidence in Tyler’s defense was never brought forth. (See details (Plain Dealer, 7/10/’06).

• Current Prosecutor Bill Mason refused to grant immunity to Leroy Head.

Attorney Comment

• “I have handled five death penalty habeas matters. Only in one has the evidence of a client’s innocence been overwhelming and that client is Arthur Tyler. (Rick Kerger, Attorney) – read article at www.justicedenied. org.

• “Between prosecutors being aggressive and using (the death penalty) as a political tool and us not knowing the law, it was a disaster for criminal defendants.”

( Attorney David Doughton quoted in Prosecutions in ‘80s now face scrutiny, Columbus Dispatch, July 13, 2006).

Leroy’s Mother

* “After approx 3 minutes she [Barbara Head] came out of the room [where she was meeting with her son] crying and saying that he did it.” ( Exhibit A, Police Report 3/14/’83 taken by Detectives Svekric 2057 & Kunz 2411).

*The Plain Dealer has written about Arthur's case in July, 2006. Please google: "Does it Matter Who Pulled The Trigger?" for the full article.

Please write a letter to the Governor’s Office with a copy to the Ohio Attorney General with a request for a response to your letter, requesting an investigation of Tyler’s case. Notify Advocates at the e-mail addresses below so we can keep track of the number of letters sent. Thank you.

Governor Ted Strickland

Riffe Center, 3rd Floor

77 High Street

Columbus, OH 43215-6108

Attorney General Nancy Rogers (Richard Cordray)

30 E. Broad St.

17th Floor

Columbus, OH 43215-3428

For more information on this case and the international campaign work of Advocates for Arthur Tyler: contact Ian Heisey 216-651-1693 / heisey2140@sbcglobal.net or Sr. Mary Therese Berry 216-741-7059 tberry2021@sbcglobal.net. Or go to http://www.justiceorarthurtyler. blogspot.com

Injustice in Cuyahoga County

2008-10-20T09:55:00.000-07:00

Dear Advocate for Justice,

Arthur Tyler has been on Ohio’s Death Row for 25 years. Evidence underlines his innocence.

The fundamental unfairness of the death penalty for Arthur Tyler is clear. Evidence was thin, undisclosed, withheld, or unheard and files were closed to the defense. The defense was incompetent and the client was required to rely on attorneys who previously worked for the other side! Justice does not seem to be an issue in Ohio. Only legalities.

A multitude of injustices coupled with a drive for retribution at any price, and a politically motivated need to demonstrate a prosecutor’s office “tough on crime” characterized the Cuyahoga County Prosecutor’s Office in the 1980s.

A mountain of so-designated “harmless error” has become an impenetrable legal fortress incarcerating the truth in Tyler’s case. Leroy Head, the actual killer, confessed multiple times but now walks free! Head was offered a deal to avoid the death sentence and without being granted immunity, he is no longer interested in talking. An innocent man, Tyler, has spent 25 years on Ohio’s death row wrongly convicted of Head’s crime with no legal recourse. The Cuyahoga County Prosecutor is not interested in granting immunity.

“The state is being allowed to use the threat of a death sentence ‘to pick and choose the testimony it wants,’ Kerger [Tyler’s appellate attorney] said, first by encouraging a witness to testify and then by “effectively sealing his lips.” (Plain Dealer, 7/10/’06; Does it matter who pulled the trigger?)

Please review the enclosure highlighting injustices in this case. Documents and trial transcripts are available online at http://justiceforarthurtyler.blogspot.com

Please write a letter to the Governor’s Office with a copy to the Ohio Attorney General with a request for a response to your letter, requesting an investigation of Tyler’s case. Notify Advocates at the e-mail addresses below so we can keep track of the number of letters sent.

Governor Ted Strickland
Riffe Center, 3rd Floor
77 High Street
Columbus, OH 43215-3428

CC: Attorney General Nancy H. Rogers
30 E. Broad St. 17th Floor
Columbus, OH 43215-3428

Join Sr. Helen Prejean and others in signing the online petition and forward this request and information to others.

Google: Justice for Arthur Tyler and look for the petition on right hand side of the website. Thank you.

Advocates for Arthur Tyler

Ian Heisey: heisey2140@sbcglobal.net, 216-651-1693

Mary T. Berry, H.M. : tberry2021@sbcglobal.net, 216-741-7049

2008-08-07T11:44:00.001-07:00

Page 1 of Arthur's letter to Mr Tobin

2008-08-07T11:42:00.000-07:00

Page 2 of Arthur's letter to Mr Tobin

2008-08-07T11:41:00.000-07:00

Page 3 of Arthur's letter to Mr Tobin

2008-08-07T11:40:00.000-07:00

Leroy Head has been freed.

2008-06-06T09:46:00.000-07:00

Leroy Head (above) was paroled from prison on 3rd June 2008. He is under five years supervision. But he is nonetheless free!!

This is the same man who confessed FIVE TIMES to the murder of Sander Leach and said Arthur Tyler had nothing to do with it. Yet Arthur has sat on death row waiting to die and his time is running out.

While we do not wish Leroy Head to be executed, this is so unfair on Arthur. Arthur is innocent and Leroy is guilty. We understand he has served 25 plus years in prison but so has Arthur and yet while Leroy is free, the State of Ohio still want to kill Arthur this year.

Letter From Prime Ministers Office

2008-05-27T21:02:00.000-07:00

Arthur Tyler Is Awaiting Execution -- When The Actual Murderer Is Known And Being Protected By Ohio Law Enforcement

2008-05-06T03:53:00.001-07:00

By Rick Kerger, Esq.*

http://justicedenied.org/arthurtyler_rickkerger.html

I have handled five death penalty habeas matters. Only in one has the evidence of a client’s innocence been overwhelming, and that client is Arthur Tyler. He now stands literally at the door of the death chamber and unless people act, an innocent man will be killed by the State.

The circumstances of the case are as follows:

On March 12, 1983, Sander Leach was killed in the van from which he was selling vegetables on Cleveland’s east side. In 1985, Tyler was convicted of shooting and killing Mr. Leach and was sentenced to death.

The key witness in that case was and remains today Leroy Head. There is no doubt that Leroy Head was involved in the events which led to the death of Mr. Leach. The circumstances are such that only the victim, Head and Tyler could know what happened on March 12, 1983.

A few days after Leach’s murder, the police brought Leroy Head and two of his friends into the police station to question them concerning another murder. The police believed the individuals were witnesses to the other murder, as opposed to suspects. During the questioning, Head began to look nervous. The police asked his friends why and they told the two officers that Head had shot Mr. Leach. “In these statements they both stated that Head came to there (sic) house right after the shooting and told them that he just kill (sic) the old man who sold produce on East 66th.” (This statement appears in a police report.)

Confronted with his friends’ statements, Head asked to speak with his mother. The police transported her to the station to speak with her son. After meeting with him for “approx (sic) 3 minutes, she came out of the room crying and saying that he did it.” This statement appears in a police report.

Head then confessed to the police that while Tyler was outside Mr. Leach’s van, unaware of what was taking place inside, Head had gotten into a struggle with Leach and then shot him. Head reduced his oral confession to writing: “At the first shot I starting (sic) falling over towards him, and that’s when the gun went off a second time.” (Police report.)

Within ten days of his first confession, Head confessed again, this time to an investigator working for Arthur Tyler’s lawyer. Head again wrote out a statement admitting to having shot and killed Sander Leach while Tyler was outside the van: “I grabbed (the gun) and it went off – the old man fell back and I fell on top of him – the gun went off again.” (Investigator’s report.)

Then on May 27th after Head, now with his own court-appointed legal counsel, met with the prosecutor. Head changed his statement and made Arthur Tyler the shooter. This was the version Head gave during his testimony at Tyler’s trial. But these were not the last statements given by Head concerning the killing. In post-conviction proceedings, affidavits were obtained from Head which stated as follows:

* April 27, 1986 – Head stated, in his own handwriting, that he and he alone had shot Leach. “I shot and killed him” and Tyler was unaware that the crime was taking place.
* May 16, 1989 – Head tells lawyers for Arthur Tyler that he had lied when he testified that Tyler had killed Leach. Head said the prosecutors told him that if he did not testify he would be tried for capital murder, sent to a less secure prison, with the prosecutor making sure the other inmates knew he was a snitch. (Lawyer note.)
* July 27, 1991 – Head confirmed in an affidavit that he, not Arthur Tyler, killed Leach. “Leach pulled a gun out and he was shot while we scuffled.”

During the state post-conviction process, it developed that Head had confessed to still another friend. On April 25, 1991, Luther Aldridge, a half-brother of Head’s friend, Anthony Gillis, stated in an affidavit that he had gone to Gillis’s house around 6:00 p.m. on the day of the homicide. Head was present and told Aldridge that “he had robbed and shot the vender.” (Aldridge Affidavit.) Aldridge later encountered Head in prison and asked him why he was letting Tyler remain on Death Row. Head told Aldridge that he was going to confess to the crime. (Aldridge Affidavit.)

During proceedings in federal habeas corpus, Tyler was granted permission to take the deposition of Leroy Head. But Head refused to testify, citing his rights to avoid self-incrimination. A lawyer was appointed to represent Head. The deposition was rescheduled and again Head invoked his rights under the Fifth Amendment. Tyler’s counsel asked that the State grant immunity to Head so that his testimony could be obtained. The request was refused. The Court sustained Head’s assertion of his right not to testify and refused to grant the petition for habeas corpus.

On September 20, 2005, I wrote to the Attorney General’s office asking that it take steps to assure that immunity be extended. That request has been greeted with silence.

Having obtained the side of the story they wished, the State is now effectively sealing the lips of the only witness who can establish Tyler’s innocence and avoid the execution of an innocent man. Keep in mind: There can be no valid assertion of the Fifth Amendment by Head unless he is going to change his testimony. If he testifies as he did at trial, the situation would be that the shooter was Arthur Tyler and there would neither be a basis for any criminal proceedings against Head for murder or for perjury. It would only be that if, under oath, Head changed his story back to his original version where he was the shooter that he would be potentially exposed to criminal charges. Were he to do that, Tyler’s actual innocence would furnish a basis to avoid his execution.

No one has ever offered a reasonable basis for Head’s recantation of his confessions, other than the fact that the prosecutor told him at last minute that if he did not point the finger at Tyler, they would seek the death penalty for him. The police theory was that since Tyler was older, he was the one who directed their activities and was the shooter.

The circumstances of the case were simple and not at all what the police believed them to be. Arthur did not know Head. They met at a friend’s house. They came up with the idea of robbing a nearby meat market, one which regrettably was also next to the van from which Mr. Leach sold his vegetables.

The plan was that Arthur, who knew the owners of the meat market, would go in and present a check to be signed. The check was in a sufficiently large amount that they felt the owners would have to open the safe, at which point Head was to swing into the room with a pistol and they would “clean out” the safe.

With Head outside, Arthur went in, only to find that the two owners were both absent leaving the business in the control of someone who was unable to open the safe. While Arthur was in the market trying to figure out what to do next, Head saw the old man and went over to rob him. As Arthur was leaving the market, he heard a shot coming from the van and found that Head had killed Mr. Leach. They both then ran.

Reflect on the day of Head’s arrest. He is surprised by the police and taken to the station. He becomes nervous. He asks that his mother be allowed to speak with him. She is brought to the station. In a few minutes, she leaves the interview room in tears stating that “he did it.” Why would Head lie to his mother about being the shooter?

Why did Arthur get convicted? I read the transcript and the answer is simple – he chose to testify. At the time he was a smart aleck, streetwise young Black man and the testimony he gave, while not inculpatory was cocky and offensive, to be frank. He had a criminal record, but not for violent crimes. He was a con man. He hustled pool. But he did not shoot or assault people.

He needs help. Right now the State is sealing the lips of the only individual who could save him. Arthur has appealed his case to the Supreme Court and is likely to be without any further legal redress. Ohio’s Governor can commute this sentence. Arthur needs your help. Without it, Ohio will execute an innocent man later this year.

Sign a petition to reopen Arthur Tyler's case:
http://www.gopetition.com/petitions/investigate-the-case-of-arthur-tyler.html

Wendy Alsford and Karen Torley are coordinating the campaign to stop Arthur Tyler’s execution. They can be emailed at, justiceforarthurtyler@gmail.com

For more information about Arthur Tyler’s case see the following websites:

http://torley.org/Arthur-Tyler/Arthur-Tyler

http://justiceforarthurtyler.blogspot.com

* Rick Kerger is a Toledo, Ohio criminal attorney.

2008-04-25T06:20:00.000-07:00

New Petition

2008-03-21T08:46:00.001-07:00

Petition powered by ThePetitionSite.com

Investigate the Case of Arthur Tyler

2008-03-15T05:25:00.000-07:00

Investigate the Case of Arthur Tyler

PLEASE SIGN THE PETITION AND PASS AROUND.

THANK YOU.

Arthur's Trial Transcripts

2008-03-12T08:46:00.000-07:00

I have added Arthur's Trial transcript.

They make take a little time to load due to being PDF files but please be patient and they will work.

Thank you.

This You All Are

2008-02-20T01:53:00.001-08:00

To Wendy, Karen and everyone who have come to lend their support for my fight for justice and freedom, I would like to Thank you for the letters and cards I have recieved. I would also like to thank the people who signed my petition, and I pray many more sign it. Thank you for the energy that you send my way.

To the Sisters, I thank you for the prayers you are saying for me.

Thank you also to all on my Myspace site for your support. It means so much to me.

You are all a blessing to life and I appreciate everything you do to give this fight strength through your concern and support.

No matter what the outcome is, I thank you all for trying.

Anyone who sends a self addressed envelope will always get a response but I know I won't be able to respond to every letter but I will do my best.

For now this is the way I can thank people.

I pray for your health, happiness and peace of mind.

May God Bless and Keep you always.

Much Love to you all

Arthur.

This You All Are

You never really know true treasure
Until in darkness you get to see
What you couldn't see in the light
Though it had always shined beautifully

When people all come together
from around the world, end to end
to lend their support to another
The gem of strangers becoming friends

This is an essence of beauty
bought treasures can never show

this is what you all are
True treasures and beautiful

Arthur Tyler February 2008

http://justiceforarthurtyler.blogspot.com/

http://www.gopetition.com/petitions/investigate-the-case-of-arthur-tyler.html

Please sign Arthur's Petition

Support from Dale Johnson

2008-02-13T12:22:00.000-08:00

Art Tyler was on death row when I was there. He continually stated that he did not commit this crime. I believe him. I know what was done to me and I believe there are others on death row that are innocent. When another has confessed to doing this crimel why has this been discounted?

Sincererly, Dale Johnston

Dale spent 6 years on Ohio's Death Row before being release with the charges against him dismissed.

Introduction to Arthur's Case

2008-02-08T11:56:00.000-08:00

On March 12, 1983, Sander Leach was shot and killed in the van from which he was selling vegetables on Cleveland's east side. Arthur Tyler has steadfastly denied shooting Mr. Leach.

Leroy Head, on the other hand, has repeatedly admitted shooting Mr. Leach.Within minutes, he told two friends that he shot the fruit and vegetable man during a robbery, saying the old man forced his hand by trying to pull a gun.Head told his mother he did it, too. She urged him to come clean.So he told police he did it as well. And he signed a confession.But it was not Head who was condemned to die.Just before trial, Head struck a deal with prosecutors and fingered his co-defendant, Arthur Tyler, instead.Arthur has sat on Ohio's death row for 25 years for a crime he did not commit.

Head could be paroled as early as next year, even though he has acknowledged several times since that he was the triggerman after all.

On May 16, 1989, Head told attorneys Joanne Bour-Stokes and Richard Vickers that he had lied when he testified at Tyler's trial and that he (Head) killed Leach. Head said the prosecutors threatened him at Tyler's second trial that if he did not testify he would be tried for capital murder or sent to a less secure prison, with the prosecutor making sure the other inmates knew he was a snitch.

Time really is running out for Arthur.

Leroy Head has admitted on more than 5 occasions that he in fact shot the victim, Mr Leach. Yet Arthur remains waiting for his date in Ohio's execution chamber.

This is wrong and Arthur should not be executed. We demand a full investigation into this case.

We need people to contact the Attorney General and the Governor of Ohio. The links to these people are to the right. You can read further information on the case on the links to the right.

Please send a card to Arthur and let him know he has support.

Arthur Tyler 175-637
Ohio State Penitentiary
878 Coitsville-Hubbard Road
Youngstown,
OH 44505

Click to join JusticeforArthurTyler