San Jose: District Attorney's Office dismisses murder

charges, saying young man didn't do it

That case is believed to be the first in California in which DNA proof was shown to have falsely
placed an innocent person at the scene of a crime.
But Kulick wound up divulging the gang ties to Alem, a gang prosecutor whose practical experience
developing up in Iran exactly where an innocent relative was arrested, imprisoned and tortured
taught him the value of critically evaluating proof.
Owens, who was partying with pals downtown, strolled up at some point and urged each groups to
move along to steer clear of attracting the cops, a move that Kulick said her client has come to
deeply regret.. Owens really has old ties to the Bloods, though he has due to the fact left gang life.
One of the purported Crips, Jesse Gulley, started fighting with Jackson's brother. "We've observed as
well many individuals be exonerated 25 years later."
SAN JOSE -- Police had been optimistic they had the culprit -- a suspected gang associate with a rap
sheet -- who shot a 25-year-old college graduate final summer in downtown San Jose. Among the
worst things about getting locked up was he missed the first birthday of Princeton, his son, in
September mainly because he wasn't released until November, his public defender said.
Alem was convinced adequate of Owens' innocence to release him in November whilst detectives
continued their investigation but didn't reach a final conclusion until lately. As soon as alerted by
Kulick that there have been issues with the case, Alem spent 3 weeks reviewing hours of taped
interviews and videos taken by surveillance cameras. It remains unclear what the argument was
about, but Jackson's brother, Wayne Maynard, has ties to the Bloods, a rival gang to the Crips,
Kulick said. They also believed Owens had a weapon since he had pointed his arm toward each
groups as they were walking away from the initial confrontation. At some point, a single of the
purported Crips lifted his shirt and displayed a gun in his waistband.

"This highlights that video is not an finish-all and

be-all," Kulick said. "You require to recognize the
details and have supporting proof."
But in a rare move, the District Attorney's
Workplace final week dismissed murder charges
against 20-year-old Khalil Owens, who spent 3
months in jail last year facing a doable life
sentence in the killing of Marvin Jackson, a crime
prosecutors now say he did not commit. Although
relieved the case has been dismissed, Owens
remains wary of law enforcement, and flatly
refused to let police interview him as a potential witness to the killing immediately after a judge
officially dismissed the case final week. He sooner or later was arrested and charged in connection
with his purported role in the deadly fight.
Even even though Jackson's girlfriend stated Owens wasn't the shooter, he was implicated, not only

since of the incorrect identification by Jackson's brother, but also since police misread many events
captured on La Victoria's grainy security video. They believed that Owens, who had extended his
arm at a single point to shake hands with Jackson's brother, whom he'd in no way met, had been
creating a threatening gesture. In addition, the man with the gun in his waistband was difficult to
see clearly in the video.
Kulick said Owens may possibly wind up asking a judge to declare him factually innocent, which
would erase the murder arrest from his record. Two years ago, she championed a different wrongly
accused man's innocence, proving to prosecutors that homeless alcoholic Lukis Anderson did not kill
Silicon Valley millionaire Ravi Kumra even even though Anderson's DNA was identified under
Kumra's fingernails. The victim's brother stated it was him, and video footage convinced cops he was
the gunman.
"Based on the evidence I've reviewed so far," Angel mentioned, "the appropriate issue to have
completed was to allow a jury to make a decision who is responsible."
Prosecutors explained the situation to Jackson's loved ones members, who have been understanding
and supportive, Alem said. It turned out that paramedics who had treated Anderson on the streets of
downtown San Jose inadvertently transferred his DNA to the Monte Sereno murder scene by means
of an oxygen monitor clipped to each patients' fingers. Police have given that arrested the man they
now contend was the genuine shooter: Gregory Thompson, 28.
The authorities also mistakenly believed that Owens and Jackson's brother were rivals. Among other
troubles, the victim's brother wrongly identified Owens as the gunman primarily based on his
clothes, not his face, both Alem and Kulick mentioned.
"I just never trust them," he mentioned in a short interview.
"He feels like a caged animal in right here," stated Kulick, referring to the Hall of Justice courthouse
on Hedding Street where the innocence petition would be heard.
Get in touch with Tracey Kaplan at 408-278-3482. A group of young guys, including purported Crips
gang members, approached, and a loud argument broke out. Detectives had obtained Owens' arrest
warrant by going directly to a judge rather than submitting their reports to the district lawyer and
waiting for prosecutors to review the proof. Gulley was shot accidentally in the hand, leaving his
blood -- and DNA -- at the scene. Second St., not far from the taqueria. On the other hand,
Thompson's lawyer, Annrae Angel, mentioned prosecutors had it suitable the initially time.
Kulick mentioned the error by police was understandable, provided the complexity of the case, the
video evidence and witness statements. Jackson's brother also has ties to the Bloods, producing
them allies, not enemies. Yet another concern was the dismissal may well make it more challenging
for him to win a conviction against Gulley and Thompson.
Alem also trusted Kulick. Stick to her at Twitter.com/tkaplanreport.
The confrontation that led to the killing started about 2 a.m. When Jackson stepped in to defend his
sibling, he was fatally shot in the temple.
"The fact that he acted on it with the same urgency as prosecutors apply to pursue a conviction is
exactly what we want," said Raj Jayadev, director of the civil rights group Silicon Valley De-Bug. But
Owens remains leery of the criminal justice technique, like the courts.

Civil rights activists and Owens' public defender, Kelley Kulick, commended District Lawyer Jeff
Rosen's workplace and prosecutor Amir Alem for quickly investigating and then dismissing charges
against Owens. But Kulick hesitated to tell the prosecution that, fearing "the narrative would get
bent" and Owens would remain locked up because he became a member of the Bloods in Georgia a
lot of years ago and has a record, like auto theft. For example, Santa Clara County prosecutors
wrongly convicted East Palo Alto auto mechanic Rick Walker in the killing of his ex-girlfriend, and he
spent 12 years behind bars just before getting released in 2003.
As Jackson and his group headed to their car, the other males followed them to a driveway close to
300 S. on June 27 as Jackson, who graduated from McPherson College in Kansas, and his brother
have been leaving La Victoria Taqueria on San Carlos Street with a group of buddies