Chico Tibbs 

A victim of the Virginia Injustice System




Dear Mr Lee

Thank you for contacting me regards my case.  I’ve just about given up because I think much on my own, please don’t judge me but I can not talk and don’t understand much but Ricky Vest helped me understand my case for the moment. Then when I got transferred I had no help at all and wanted to end my life yet again.   I said before I can think on my own but with help I’ll do fine.  Thank you again Mr Lee, my case is very complex and I will be very specific as I can but please don’t judge me until you know all the facts, thank you.   

To begin with I’m in prison doing a 25-year sentence for a robbery.   However I also have a rape case that has ran totally concurrently, as you read on your will see I’ve done a lot of research and have everything in line.  All I need is someone to take a chance and believe in me just enough to fight for me.   As you read on you’ll see it can be very beneficial to whoever chooses to accept my case. So sir, I’ll begin I’ll stay to the factual only.  

Sir, recently I cam across a new law where the State courts can only hold a prisoner for up to 30 hours before they must either charge the prisoner, release them or allow bond.   It was 20 hours until just recently.  However I was arrested on March 27, 1991, my indictment was not passed down until May 20, 1991, so for approximately 54 days I was held in the Arlington County Jail with no charges, nor any bail.   Also on March 27, 1991 at the time of my arrest I never signed any form of Rights before being questioned.  I’ve recently come across documentation where if the State can’t produce this document, any evidence or any thing said cannot be held against me, or admitted in court.  Also during the same night I was lead to a room where I had to remove of all my clothes, a P.E.R.K. test was done, blood work was also done, at no time was I allowed to consult with an attorney.  I was never charged with a crime, nor offered bail.  

Now as I have said on the night of March 27, 1991 a P.E.R.K. test and blood work was done, however my blood work was done on 5 separate occasions, twice it was court ordered, once in May and once in June of 1991.  Both said I had agreed to allow this to be done.  Well, I am proud to say every single test performed cam back negative.  However my real reason for mentioning this is because I came across the word “Variance”, here’s the definition I have: Variance occurs when there is a discrepancy between the charging terms of an indictment and the evidence offered at trial.  Where the evidence at trial proves facts different from those contained in the indictment.   In some cases where the variance is great enough to show that the evidence does not match the elements of the charges the defendant should be alerted and have the conviction reversed.  

Now the reason I mention variance is because on the May 20, 1991 indictment of robbery it merely stated “Chico M Tibbs did in fact rob one (Corrina Wisenburg) of one wallet and it’s contents” Ok in my transcripts I have (Response to defendants motion of discovery and inspections) In this document it says 1, Mr Tibbs told detectives he was at the house 2, No fingerprints were lifted from the crime scene 3, Polaroid photos of victims eye 4, A record of the layout of the alleged crime scene.  Most importantly in paragraph #3 it states (All items belonging to the victim were recovered from the crime scene my police officers) So nowhere does it say anything about a wallet, as it said in the indictment, if the officers recovered the victims property then how could I steal it?  So I’ve shown a great variance in my robbery indictment dated May 20, 1991.  

Moving on to my second indictment, also dated May 20, 1991 was the rape indictment.  It merely stated “Chico M Tibbs did in fact rape one Corrina Wisenburg.”  Well as I told you before all my blood work and P.E.R.K. tests were negative.  Now according to Commonwealths response to defendant’s motion of discovery and inspection which was dated July 9, 1991 it said no blood work had returned as of then.  So with my test being negative what did the commonwealth’s office give to the grand jury as “evidence”?  

Now, also in my transcript is Book 289p 78-81, this is a court order saying both parties will turn over any and all evidence pertaining to the case on or before July 1, 1991, however I can prove that the commonwealth office violated this court order.  Here’s how in the commonwealths response to defendants motion of discovery and inspection, if you look up in the right hand corner you will see a stamp from the deputy clerk of the court dated July 9, 1991, even though it was only 8 days late they still violated the court order as well as my constitutional rights.  

My co-defendant who’s name is Jeremiah Marshall, he received 25 years for the rape due to the fact his DNA was a match.  However there was a third guy.  This individual was acquitted on all charges because Corrina Wisenburg said she could recognise him because her glasses had been knocked off.  Well, I’ve always wondered why I was never acquitted.

See during my preliminary hearing when the D.A. asked Corrina if she could point out the man who raped her, she pointed out Jeremiah Marshall.  The D.A. pointed to me saying “Isn’t Mr Tibbs also one of the men who raped you?”  Corrina looked at me and shook her head and said, “I’m not sure”.  It wasn’t until the D.A. continued to lead her on when Corrina said, “Yes”.  It’s also just recently become knowledge to me that to lead a witness is not allowed.  On my night of arrest I was wearing a multi-coloured coat, as was the guy who was acquitted.  Now it was said Corrina recognised a multi-coloured coat but she never said it was my coat.  Sometimes I ask myself if this guy gave evidence or testimony for complete annuity because of race.  Does this make sense to you?  He was white and both my co-defendant and I are black.  

Also, I’m doing a 25-year sentence for robbery however she was only supposed to have been robbed of $8.00 so this is not felony is it?  She was assaulted but again I can show as well as prove it was not me.  So if I wasn’t charged with aggravated assault or malicious wounding then how can I receive 25years for robbery?  The only other way that I’ve found even came close to a 25-year sentence would be armed robbery.  I was not even charged with that so again I wonder how I received 25 years for a crime, which is technically a misdemeanour!  In my transcripts it said I could not receive less than 5 years, no more than life, that was before my DNA and blood work was back which I have said before was negative.  

I’m sure you’re asking yourself why my attorney never spoke up on any of these violations or continued to allow the commonwealth to violate court orders, well, it’s very simple, I was told about ineffective council but I needed to prove the prongs of Strickland Test.  Well the first prong I can easily prove because I was Mr Robert Gookins very first client.  Being as I was Mr Gookins first case he had no trial experience.  Due to lack of experience I’ve just proved Stricklands first prong.  

Now to prove the second prong, just read the following I can prove by showing Mr Gookins errors and prove the second prong.  1, Corrina Wisenburg was legally half retarded.  Mr Gookins at no time tried to obtain her mental health records.  I’m sure you’ll agree if he would have done this he could have easily destroyed her credibility.  He could have summoned her doctors to question them on her stability; he could have seen any medications she may have been on and the effects.  He could also have seen if anything like this had happened before.  Mr Gookins at no time tried to obtain the hospital records from the night she was taken to the local hospital.  By Mr Gookins not getting these records he could not summon the nurses or doctors to question them on what they had done, what tests were performed and by whom, what was the result.  None of this was done and I strongly feel that hurt me.  Mr Gookins never spoke up when the commonwealth’s office violated a court order.  Mr Gookins never came to see me in the jail nor when I was at Central State Mental Hospital.  Mr Gookins never visited the alleged crime scene nor did Mr Gookins speak up about my DNA and blood work being a negative.  He never did anything.  Mr Gookins did come to me saying the victim’s family wanted a closed trial due to their daughter being retarded.  I’ve always wondered my attorney would care so much about what the victim’s family wanted than trying to help me (innocent man) from going to prison for a crime I didn’t do and could have proven this.  It appears to me that this is a conflict of interests.  

Also Mr Gookins came to me in a small room at the court house saying that the commonwealth’s office was offering a plea agreement of life.  Of course destroyed Mr Gookins came back a very short time later saying the offer now was 65 years.  I said “No, I’m innocent; now please let’s go to trial”.  Well, Mr Gookins again left, however when he returned he said the offer was 35 years, again I stressed my desire to go to trial.  Well, Mr Gookins left only to return with a plea of 25 years the said take it or leave it, then said work with me here this is my first case.  Again I said no.  

Inside the court room I told the judge I was no satisfied with my attorneys performance, I wanted a new attorney.   The judge told me no other attorney was available.  I lost my composure and was slammed on the table hand cuffed and taken to the fourth floor where I was administered a shot of 75mg of some sort to calm me down.  I later went back to court, the judge asked me if I was ok, however due to the medication I could not respond so my attorney spoke up saying I was fine but I was not.  Later when I came through my fate had been sealed.  

However the signature on the plea agreement is not mine.  I can easily prove this by hand writing analysis.   I also found out no-one under the influence of any drug is to sign any binding document.  Seeing I was under the influence of a drug I can not make a clear and fully comprehendible decision.  I know that people who sign a plea are usually tried.  However I did find the following cases, the first case deals with Guilty pleas the case was U.S. vs Marin, 961F.2d.493 (9th circuit 1993) this deals with sentencing guideline sentencing.  So I strongly feel by me getting 25 years for a technical misdemeanour this order applies to me.  Second would be “Strikland vs Washington, 466 US 668, 80LE.d.2d.6th, 164S.ct 2052 (1984)”   This is the case I spoke of where I found out I had to prove both of the prongs.  As I’ve shown you in my letter I’ve proven both of these prongs.    Third case is “U.S. vs Morris, 46 G.3d 410 (5th Circuit 1995).  This is the case where I found “Variance”, as I showed you earlier I can very easily prove a “great variance” as this ruling says I need to.  Now, the case of  “Love vs Johnson, 57 F.3d 100.5 (9th circuit 1995)”   In using this case I can show if my attorney would have filed for an in camera inspection we could have got the grand juries detailed records of what was offered to show more so called evidence was illegally entered.  We can also use this to show the fault of Mr Gookins in not speaking to the states only witness who was a drunken hobo; he had information pertaining to my case.  It was never entered.  

By using case “Montemiono vs U.S. 68F.3d 416 (11th circuit 1995)” in me using this case I’m showing I am still entitled to an out of time appeal even without showing that there would have been any viable grounds for an appeal.  I can tell Mr Gookins to appeal, I can’t be 100% positive but I did, he’s got this in writing from me, however I can’t be accurate, I’m not sure.  Also by using case “U.S. vs Barber 805 F.supp 361(DNS 1992)” once again I’m using another case to prove I’ve met all grounds on both prongs of Strikland’s test.

I’ve gave it to you the best I could to try to help anyone whomever chooses to help me.  Now I’m sure you’ll agree I’ve got a great case to pursue for false imprisonment.  I do know I cannot receive no more than $500,000.00 for this, however I also know I can sue for pain and suffering and mental anguish, cruel and unusual punishment and many others.  Since I’ve been in prison I’ve lost my parents in 1993 earth quake, I’ve been beat down by officers and inmates, stabbed and even raped and nothing was done about it after I reported it plus wrote a statement.  This happened at Keen Mountain Correctional Center.  I spent several years in a mental health treatment center and I’ll be on psychological medication for the rest of my life.  I lost my voice and I blame the State for it but I also blame Mr Gookins because he saw color (rage) and thought nothing of his clients needs but there was no client, I was the only one now.  

I never have been married nor do I have any kids or friends and who do I come out to?  But I need to have what’s left of my life back try to deal with it as a free man.

I will surrender 35% of all money I receive from my law suit if anyone helps me get my freedom back.  I’m an innocent man and I want my life back.  The money means nothing to me here and I’ll sign any documentation that I will need to sign so I can fight for something that should have never happened, color can take a man’s/woman’s life away but greed can confuse a persons mind.  Tell me what can honesty bring a person?  I would like to find out one day!

My address is:

Chico M Tibbs #189627 #A02
Sussex II State Prison
29427 Mussel White Drive
Waverly, Virginia 23891-2222

Sincerely
Chico M Tibbs

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