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