Who’s who
Derrick Sparks: victim, died that morning as a result of injuries inflicted by Johnson
Tyrone Johnson: aggressor at all times, ambush attack on Sparks, turns same weapon on Branch
Edgar Branch: the second victim on this morning, forced to defend himself from Johnson, then charged with his murder
Victor Novene: black inmate closest to the entire altercation (the only one in gray long sleeve shirt and white pants) – testified that Johnson said “go get your knife,” that Branch “didn’t want to do it,” that Branch never stated any intention of killing Johnson, nor did Novene feel that was Branch’s intention, and hit Branch with a broom by the showers – no sentence reduction given and inmate testified truthfully, knowing there would be no credit given, and potentially placing himself at risk by doing so
John Ward: white inmate in close proximity to the incident – heard Johnson say “go get your shit,” seen in video holding half gallon cooler/cup – no sentence reduction, potential harm to himself by testifying
Michael Henderson: white inmate wearing cap, threw trashcan to distract Johnson during the assault, had been released from Pollock and came to testify from another state on Branch’s behalf
John “Cowboy” Hudson: (seen shirtless and in boots in the video) claims he was scared and threatened by Branch, but interaction on video is brief and does not support that, Branch was never in Cowboy’s cell as he stated, Cowboy was waiting outside of cell with knife, quickly exited the unit, never speaking to Sparks, and is the only witness who claims to have heard a racial statement by Branch as he was leaving the unit, a variation of a statement heard by the guard escorting Branch out, but more menacing and inflammatory, was upset about a 2 year sentence in solitary for providing the knife, was placed in the same room with other government witnesses immediately preceding his testimony – this inmate received a 10 year sentence reduction for his testimony, and is a convicted sexual predator in the state of Florida
Alexander Blackmon: black inmate who was always at least 100 feet away from the initial altercation, in his cell as it started, clearly identified by himself in video as he is the only one putting on a belt and is the only one who “heard” Branch ask for the “butcher” – even Hudson didn’t say this and he gave Branch the knife. Also stated Branch said, “I’m fixing to kill him”, something NOBODY else much closer heard, says Johnson told Branch he “was going to spare him”, another statement not heard anyone in closer proximity, changed his statement from what was given at the Grand Jury, received an 18 year sentenced reduction and transferred to another facility at his request
Jaysson Brown: government witness, not in the video…why? because he wasn’t even at Pollock during this incident, yet was allowed to testify against Branch, received a sentence reduction, was released from BOP custody into state prison.
John Wayne Hudson’s Testimony
John Wayne Hudson (“Cowboy”)
Trial testimony differs from initial statements and he was in a room with other government witnesses immediately preceding testimony at trial.
In previous statements, Hudson denied supplying the knife and expressed anger over his two year sentence in solitary for his role in the incident. He denied this statement at trial.
Pre-trial Hudson stated “the black dude is a psycho: he just came up to the white dude and started stabbing him.” He also denied this statement in the trial.
P.112, Hudson says he was awakened by Branch yelling for a knife. He says he felt “threatened by Branch – just the way he approached me with a knife in his hand.” The video shows Hudson outside his cell, waiting for Branch 6:44:52.
He goes on to say he immediately left the unit and complied with officers instructions to go to handball court. Then he states Branch singled him out by saying “ Cowboy, I killed that m-f-ing n*…I killed him.” Was he out in the recreation yard? If so, how could he hear this and why was the only one to hear it? Why wasn’t the distance between handball court and entrance to unit investigated? Guards transporting Branch out of the unit did not hear this statement.
p.117 – Hudson denies discussing Rule 35 sentence reductions with the prosecutor…but one year later, he received a 10 year Rule 35 sentence reduction. He is also a convicted sexual predator in the state of Florida.
The Government is going to have some liability when these offenders are released back into the public.
Alexander Blackmon’s Testimony
ALEXANDER BLACKMON – Witness for the Prosecution
Significantly, Alexander Blackmon did testify that he saw Tyrone Johnson approach Eddie when the fight resumed, and he testified that Tyrone swung first. That testimony was brought out of him under cross examination by Mr. Blanchard, Eddie’s attorney.
Immediately before, Mr. Blackmon stated that, while others heard Tyrone tell Eddie, “Go get your shit,” Mr. Blackmon heard Tyrone say, “I’m not going to kill you. I’m going to spare you.” [Trial Page 126: 3-4]
He later says, “And Mr. Johnson told him, ‘I tried to spare you.’ And Mr. Gar told him, ‘You should have killed me when you had the chance.’” [Trial Page 127: 5-7]
Please. This sounds like a bad Hollywood script, not to mention that no one else seems to have heard this exchange. He makes Tyrone sound like a gallant lad with a sense of Noblesse Oblige, straight out of the pages of The Count of Monte Cristo engaging in a clash of swords. Either Mr. Blackmon has been reading too many romance novels, or he has a fanciful imagination. Or both.
The reality is that he has an 8th grade education, and as a career criminal knew he could obtain a sentence reduction for this testimony.
But he makes a terrible liar. What nobody bothered to ask Blackmon, the prosecution or the defense, is where was he at the time of the altercation? HE WAS IN HIS CELL….and when he did emerge he was over 100 feet away from the altercation…how is is that he is the only one who heard Johnson say he was going to spare Branch? Please see the photos section to get an idea of where Blackmon was actually located. Also, this witness, as well as all of the government witnesses, were sequested in the same room immediately prior to their testimony. And conveniently, Blackmon’s story changed from what he stated in the Grand Jury to what he stated in the trial.
No one else heard Tyrone speak these lines. No one else heard Eddie say, “You should have killed me when you had a chance.” Even Eddie says he doesn’t talk like that.
Only Mr. Blackmon could imagine that the same person who others heard say, “Get your shit,” would have been capable of saying, “I’m not going to kill you, I’m going to spare you.”
To the same degree that he softens the killer Tyrone’s words, he puts more inflammatory words into Eddie’s mouth. We already know that Eddie demanded “steel” from Cowboy, but Blackmon raises this to “Give me the butcher,” implying that Eddie’s need was a knife to ‘butcher’ Tyrone. Eddie was trying to save his own life. And while he had the opportunity in the shower, he did not kill Tyrone outright. He made damn sure he had stopped him. Tyrone died two days later in the hospital. Eddie made lots of mistakes in his life, but he is not a killer. Nor is he a butcher.
The word had its desired effect on the jury. And in saying what he did, Blackmon complied with the deal he got from the prosecutors.
Alexander Blackmon had been sentenced October 12, 2005 to 293 months for drugs and firearms. He would have completed his sentence sometime in 2029. In return for the lame testimony he gave, he is now due out in June of 2011. He was paid by the prosecution to say what he said with time, not money. He got 18 years taken off his sentence.
But that’s legal. It’s Rule 35.
p.215 – The prosecutor says Blackmon comes out of his cell into common area but this isn’t even true even by Blackmon’s own testimony. There is confusion as to who Blackmon is on the video and Mr. Blanchard should have attacked this vigorously. He should have simply asked “show me where you are in this video”. That would have been the end of his testimony once the jury could visualize he was nowhere near the initial altercation.
Blackmon helps identify himself on p.128 when he acknowledges he came out putting on his belt. This is clearly seen as he walks from his cell to under the stairs to the showers. He is the only inmate doing this on the video. Further, he says Branch “backed him off all the way up to and over by my cell…and into the shower.” It is not plausible or reasonable that Blackmon heard any discussion between Branch and Johnson from across the unit. The only one standing right there was Victor Novene and his story differs completely.
Blackmon stated that Johnson “swung” first when he came back to Branch’s cell, but denied this statement at trial.
Why was the testimony of this witness deemed credible when it is preposterous in retrospect? He heard statements no one else heard, he wasn’t in the vicinity of the initial altercation and he received the biggest sentence reduction of anyone involved in the case. This inmate has an extensive record, with four serious felonies that resulted in the 293 month sentence. He will commit further crimes, and again, the government will be liable for putting someone with this type of record out on the streets. The public has to be educated about these types of agreements, and juries should be told during their testimony.
ALEXANDER BLACKMON 20622-076 06-10-2011 VICTORVILLE MED II FCI
Video evidence that contradicts Blackmon’s testimony regarding proximity to the altercation:
157 B-2 Entry Shower/Stairs/Upper Camera
6:43:23 This is the first time Blackmon’s cell door opens
6:43:47 Blackmon is shown right next to Hudson, adjusting his belt, in front of his cell, which is the furthest cell possible from the initial attack on Branch
6:43:58 Blackmon backs up when Hudson hands over knife
6:44:26 Blackmon walking under stairs to get out of the way of Johnson and Branch
6:44:32 Blackmon shown clearly adjusting belt in video, as he describes
6:44:48 Blackmon re-enters cell, presumable to get his shoes, and continues to watch from cell with door open
He never leaves the area by the showers
