What would you do if someone broke into your house, killed your friend in front of you, turned the weapon on you, you reached for a weapon to defend yourself, stabbed the attacker to save your own life, looked out the window and police were watching……and then you were charged with the murder of the attacker?
This is what happened to Eddie Branch…but because he was in a federal prison at the time, the government charged him with second degree murder….it is SELF-DEFENSE no matter where you are and we have the video to prove this….
The Facts of the Case
- 04/20/07 Derrick Sparks, a 25 year old white male, was killed by Tyrone Johnson, a 47 year old black male, in an ambush attack, his carotid artery severed as he was attacked from behind without warning at USP Pollock in Lousiana
- Tyrone Johnson turns the knife on Eddie Branch, a 37 year old white male, who was watching TV with headphones on, stabbing him in the neck as well
- Johnson is momentarily distracted by a trashcan being thrown at him, and Branch gets up to retrieve a weapon….AFTER Johnson lets him know it’s not over yet
- As at least TEN correctional officers watch, Branch is sealed (the guards locked his only exit out) in the unit, fighting Johnson, surrounded by five black inmates, one of which hits him with a broom, as Sparks lay bleeding to death, unattended in the sallyport
- Multiple race riots break out simultaneously in different parts of the prison – the video evidence of biggest riot in the chow hall was not permitted to be shown at the trial
- 04/23/07 Johnson died three days later from the injuries sustained in the fight
- 10/29/08 Branch goes to trial for second degree murder
- 10/31/08 Branch is convicted of voluntary manslaughter
- Judge Dee D. Drell, found the downward departure ruling applicable and Branch was sentenced to 10 years, sent to Florence ADX in Colorado, where is he is in his cell for 23 hours a day.
- There is no sound on the prison surveillance videos –the black inmate who hit Branch with a broom, testified on his behalf at the trial, and received no sentence reduction
- The three prominent government witnesses who added their own soundtrack to the tape received Rule 35 sentence reductions, significant in nature (one 10 years, a convicted sexual predator in the state of Florida, and one 18 years)
- Branch was ordered to pay restitution for funeral expenses for Johnson
- Nobody paid for Sparks funeral – he left behind a fiancée and 2 year old daughter
- This case was overseen by U.S. Attorney Donald Washington, who came under fire in September 2007 for prosecuting black youths as adults in the famous Jena-6 scandal (and not charging white youths for hate crimes who placed nooses about the same school) – this case appears to have been prosecuted so severely to send a message
- 02/23/09 Branch’s public defender filed an appeal, which was weak and overlooked many issues, the same way he was represented at trial. It contained a one paragraph statement of the only issue Mr. Blanchard appealed – “the evidence is insufficent to support the jury’s verdict of guilty of voluntary manslaughter.” This is true – but there are so many other issues for appeal. It is reflective of the poor legal representation Branch received throughout the whole trial. Of course, Mr. Blanchard is not going to acknowledge that he didn’t care about the case, and that his pre-trial investigation was almost non-existent. The appeal failed to address substantial issues such as:
- no expert witness testimony allowed for Branch
- criminal record of Tyrone Johnson (while in BOP) not admitted into evidence
- evidence of multiple racial incidents occurring as Sparks and Johnson were being placed on gurneys
- the three inmates who testified for the Government received significant sentence reductions, one of those was over 100 feet away, with his cell door shut during the altercation (no one properly reviewed the video) and one wasn’t even at the facility on the day of the incident
- these witnesses were placed in the same room at the Court House immediately preceding their testimony
- the jury was permitted to see Branch shackled – a clear violation of due process
- multiple examples of prosecutorial misconduct to include presenting false evidence, and substituting personal opinions for facts, which will be detailed in a lengthy 2255 that will be filed – all of this conduct is thoroughly documented
- ALL OF THIS OCCURRED IN A TIME FRAME OF UNDER TWO MINUTES!
There is prison surveillance of the incident from multiple angles. You will see Johnson as the aggressor on all occasions. You will read about the massive sentence reductions given in this trial. You will be sickened to see the correctional officers watching this event. And you will be saddened by the death of a 25 year old man before your eyes.
We need an attorney experienced in post conviction 2255 appeals, and understands the Bureau of Prisons. We need a private investigator to help review witness statements that we don’t have access to. We are also seeking the help of a forensic psychologist. We welcome any assistance from Innocence Projects, law schools, legal foundations or any other pro bono assistance, as donations are difficult in this economy. Secondly, we are establishing a fund for Derrick Sparks’ daughter, to assist with college tuition. The fact this vibrant, funny, warm young man died at such a young age and in this manner is a tragedy. The fact that his daughter won’t know her father is heartbreaking. And the fact that Edgar Branch sits in isolation at SuperMax for defending his life is outrageous. We will help Derrick’s daughter to the best of our abilities. But we need your help
Please email us at branchdefensefund@yahoo.com if we may provide any additional information. Any legal paperwork not on this site is available to any legal professional that wants to help. We will answer your email the same day we get it. We feel the web site is comprehensive and covers all facets of his trial. Eddie is forced to rely on the mail, which is slow at Florence. So please feel free to contact us with your thoughts and suggestions.
THANK YOU
