Case No. 19CR53657
NOVEMBER 28, 29, 30 [2022]
Multnomah County Central Courthouse
1200 SW 1st Avenue, Room 11D, Portland, OR
Case No. 19CR53657
NOVEMBER 28, 29, 30 [2022]
Multnomah County Central Courthouse
1200 SW 1st Avenue, Room 11D, Portland, OR
The Supreme Court States, “ … A lie is a lie, no matter what its subject, and, if it is in any way relevant to the case, the district attorney has a responsibility and duty to correct what he [or she] knows to be false and elicit the truth …”
Napue v Illinois, 360 U.S. 264 (1959).
multcomisconduct.com
Wendy Parris, a white female, told the GPD S.W.A.T. team, that Themba Kelley, a black male, was inside motel room 208 “armed with a gun.” That was found to be a lie on the same day as the arrest. Later that day, at 11:09 pm, SDDA NICOLE M. HERMANN received a conclusive email from the Gresham Police Department which read: “…We did not locate a gun during any of the searches…” Still, the SDDA willfully forged ahead, reinforced the false black male profile and presented a non-existent gun to a trusting grand jury 49 malicious times. The day following the arrest, GPD released the police report to the DA’s office. That police report clearly states “… no gun and no evidence there was one.” (pg. 71 - 72 police report). Still, two weeks after the arrest when the lies had to be known, Multnomah County DA Communications Director, Brent Weisberg, intentionally publicized the following known material falsity: “… Themba Kelley used a firearm… to rape the woman and commit other sex crimes…” (Multnomah County District Attorney's Office news via FlashAlert.Net: https://flashalert.net/id/MultCoDA/127115)
The complaining witness (who is now serving 8 years in Coffee Creek Correctional Facility, all for offenses involving deception, thievery, fraud and lying) also alleged that Themba had “broken her arm.” That too was a lie. On the same morning as the arrest, an x-ray revealed “significant callous” and an old-break. When confronted by ER physician Dr. Kaplan, Wendy Parris acknowledged “that the arm was broken in a car crash that happened earlier that year.”The medical records which contained the above information were subpoenaed to Grand Jury by Nicole Hermann. Moreover, at a discovery hearing on January 9, 2020, the SDDA admitted that the medical records were “opened” at Grand Jury. However, the SDDA conveniently omitted the exculpatory report from her presentation. The state also viewed exculpatory video evidence before Grand Jury, that displayed Wendy Parris using the arm normally minutes before and directly after she made the allegations to 911 dispatch. See video evidence @ 79LIES.COM Still, SDDA NICOLE M. HERMANN suborned the arm lie at Grand Jury 23 malicious times. For example:
Nicole Hermann: And was it [the arm] broken or injured before you got into that motel room?
Wendy Parris: No.
The SDDA’s above question was clearly derived from the medical report. Moreover, when Parris testified “NO”, her arm was not broken before she “got into that motel room,” prosecutor Hermann obviously knew that was a lie. Disturbingly, the prosecutor has willfully allowed that material lie and several others to stand for over three years. See Brief on the Merits No. 4: The entire arm perjury was suborned by the SDDA.@79LIES.COM.
The gun and the arm, the two prominent elements of “force” alleged to support kidnap, rape, and sodomy; were unequivocally known by the state to be demonstrably false on the same day Themba Hasaan Kelley was arrested. Still, two weeks later; the Multnomah County DA’s flash alert read “… Kelley broke the woman’s arm…” (https://flashalert.net/id/MultCoDA/127115). The DA’s FlashAlert also intentionally publicized, “…Kelley has previously represented himself as a life-coach for vulnerable community members...” There is no legal document or evidence to support the life coach allegation. That too was a lie. Disturbingly, because of the above FlashAlert from the DA’s office, several other media outlets echoed the same fraudulent characterization. For example:
1. “Sex offender Themba Kelley accused of kidnapping, rape after posing as life coach.” https://www.kgw.com/article/news/crime/sex-offender-themba-kelley-accused-of-kidnapping-rape-after-posing-as-life-coach/283-62ee46dc-ade7-45c6-a380-e13a36440d89
2. “Self-Proclaimed “Life Coach” Accused of Kidnap and Rape.” https://www.live955.com/self-proclaimed-life-coach-accused-of-kidnap-and-rape/
3. “Man accused of kidnapping, rape after posing as life coach.” https://apnews.com/article/a1b5f0743b27474ba9e21134b980fa3c
4. “Man accused of kidnapping, rape after posing as life coach.” Man accused of kidnapping, rape after posing as life coach - Washington Times
The state has handled this case as if they are prosecuting in the early 1900’s when racism was still that bad. The W. Haywood Burns Institute for Justice and Equity 2019 R.E.D. Report offers compelling support (https://static.s123-cdn-static-d.com/uploads/3395719/normal_5eb0c598154b3.pdf). According to the report, “Although black adults only make up 6% of Multnomah County’s population compared to 74% white adults, in 2019 black adults were a tragic 8.3 times more likely than white adults to be held in jail before their trial date.” Themba was arrested in 2019, the same year the R.E.D. Report was released. It appears prosecutorial racism in Multnomah County is still that bad. The state presented the perfect negative black male stereotype to both the Grand Jury and the public. He packs a gun. He breaks arms. He manipulates vulnerable white women by posing as a “life coach” with the intent to violate them. These things were all known to be false, yet the state presented the erroneous narrative. This was even knowing the complaining witness was due at a court-mandated appointment within mere hours of calling the police on Themba; facing 2 years and “freaking out” about “going to jail” according to the text message evidence. The state unequivocally knew before Grand Jury, that Wendy Parris had a compelling and obvious motive for making the false reports. Even worse, critically important video evidence requested by the defense on the day of the arrest was blatantly not recovered. The other video requested was destroyed. See Briefs No. 2 & 3 @ 79LIES.COM.
Former defense counsel, Barry Engle will be testifying at the upcoming hearings on Prosecutorial Misconduct. He’s on record stating the following: “The false accusations in this case are being brought forth by this government in a way you don’t see happening a lot in this county.” -- November 20th, 2019, before the Honorable Jerry B. Hodson. Regarding the arm lie being known by the Government before Grand Jury, Barry Engle, stated: “…It seems implausible that that wasn’t well-known to everyone involved in the case…” January 9th, 2020, before the Honorable Cheryl Albrecht. See Brief #7: Willful Ignorance Gone Wild @ 79LIES.COM. 42-year experienced MD, MICHAEL C. WHITE will also be testifying at the upcoming hearing on Prosecutorial Misconduct. Excerpts from his Declaration of Truth state the following: “Dr. Kaplan… asked Ms. Parris when and how the forearm injury occurred… she informed him that it was from a motor vehicle accident several months before. This information… was known and documented the morning of August 14, 2019 [the same morning Themba was taken into custody]. Ms. Parris however, continued to give false testimony to her police interviewer and later to Grand Jury indicating that Themba Kelley had ‘shattered her arm’… there is no evidence that Wendy Parris suffered an acute injury to her left forearm…” See Declaration @ 79LIES.COM.
Defense Counsel, Westbrook Johnson, decided to work with Themba as his Legal Advisor, because she wanted to help him shine light on an issue she felt needed to be developed in Oregon.Under penalty of perjury, she declares the following:
“I have likely represented over 1,000 clients… Never have I seen the Multnomah County DA’s Office prosecute a case so flawed, a criminal investigation so inept and a witness whose statements and sworn testimony are so provably false. Since the complaining witness’s first interactions with law enforcement, beginning with the call to BOEC [911 dispatch], her statements have contradicted themselves, objective facts and even reality. Puzzlingly the state has forged ahead … for more than three years… Even after Judge Von Ter Stegge stated on the record, ‘It does not appear to be a strong case for the state’ the government continues their effort... I don’t say this lightly, but the DA’s office is aware, and has been, that their sole witness is not credible and yet has continued to defend her in a way that is unprecedented in my experience… What is even more uncharacteristic and bizarre is how Themba Kelley has repeatedly been the target of baseless criminal prosecutions by the Multnomah County DA’s Office since as far back as 2013...” – See Declaration @ 79LIES.COM.
Finally, to learn about Themba’s first Multnomah County arrest in 2013, and how (similar to the 2019 charges) that involved a rape allegation of a white adult female, and the government’s eventual admittance that they were wrong; please read Memorandum: For Prosecutorial Vindictiveness, Prejudicial Publicity, And Prosecutorial Racism from 2013 until Present – 2022 @ 79LIES.COM The above Memorandum also details:
1. MOST IMPORTANTLY: A historical 2014 ruling from the Hon. Kathleen Dailey that Themba is not a sex offender, never has been a sex-offender and thereby is not required to register and how that monumental decision has influenced the state to prosecute him vindictively ever since; including making false defamatory statements that have induced the media to label Themba a S.O. despite the Oregon court’s ruling that he is not. See Case No.14CR21923.
2. Why former Legislative Counsel Josh Nasbe, the person who wrote the bill for “luring a minor” told defense counsel Brian Schmoncees in 2014 that Themba did not commit that offense.
3. Why even after, Themba told Detective Clevenger “There was nothing… no – no – no – nothing;” and Clevenger replied, “Yeah. That’s what she said;” In 2016, the state disregarded the above and still found a way to charge Themba with “attempted” sex abuse. The case has been open for the last six unconstitutional years.
4. Why Defense Counsel Westbrook Johnson, under penalty of perjury confidently declares: “…baseless… prosecutions… as far back as 2013…”
Learn more @ 79LIES.COM Please contact Legal Advisor Westbrook Johnson with any questions, for interviews, etc. @ 503-389-0582 or email: westbrook@lawofficeofwestbrookjohnson.com
And please be so kind as to visit multcomisconduct.comto read about other black defendants alleging misconduct in Multnomah County.
Copyright © 2022 Themba Kelley Press Release Information - All Rights Reserved.
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