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!

A Letter from Chico

Dear Mr Lee

Thank you for helping me and for believing in me.

When they say God works things out in his time, well, they’re right. I’ve been stressful and depressed a lot
now and all that’s been on my little mind is just giving up. I do know that’s a sin, but I just can not deal with
it anymore.

Since I’ve been here at Sussex II State Prison, I’ve been robbed more times than I can count. I got jumped
also and just a few days ago (08-14-03) the L.T. Miss. Bullock and the Major were picking with me as
everybody else does here because I can not talk.

Well anyway, the LT took my silver chain and my star of David because I said I was a Jew but I’m not, I’m a
(Catholic) black Hispanic Catholic. Then took my drawing pens, but I never got a receipt for neither one. It
happens at Wallen’s Ridge State Prison too, the warden took my “Silver Caps” and said I’ll get them back
when I’m transferred, that’s what he said, but I never got them. They had two diamonds in them so that’s
why they did not give them back to me. They cost $1700.00, now my chain and charm! What next? I have
no help and if I could not have them they would not have let me buy them (chain and charm). I had the caps
in for a long time, every since I was locked up, but just now do they take them from me because I can’t talk
good. I can’t speak for myself and I can not handle this anymore.

I’ve had three call-mates and all of them have taken my things after I share with them. I told the officers but
they can not do anything when everybody buys commissary, but I used to go every week. Now I just don’t
eat anything, it’s bad when inmates steal from each other but the administration too. What do I do?

It’s been a few weeks since I’ve had a real meal, but I do take showers and I drink a lot of water, but Mr Lee
I’ve had it, being in prison for a crime I know I did not do, then losing my foster parents in a earth quake in
1993 in California and now my chain, charm, 6-silver and pens, personal food. I just do not understand.
Well, hey my friend I drew this picture for your web-site, whatever that may be and I hope you know I drew
it a little too big (sorry) but I hope you like it.

In closing the copy you sent to me I sent it to the Innocence Project of the National Capital Region. They
sent me a form or forms to fill out and I did and sent them everything I had dealing with my case. So I would
like to have another copy for myself.
I like reading, drawing and having friends but I do not have this nor do I have any family so no-one will miss
me if I do die and the state will get my money (my inheritance and trust fund).

I cannot find a woman that would like to be with me for me, it’s all about my money and I do not have
control of it my social worker who is my legal guardian has power of attorney. She controls all my money
unless I’m married and that will never happen because every pen-pal I find all they want is money then I
don’t hear from them anymore! What luck I have or I’ve been getting, right?!

Well, thanks for letting me talk with you. I didn’t mean to unload all of what I was feeling, but I did and I
thank you for hearing me.

Your friend

Chico Tibbs

P.S. Mr Lee, Do you think you could help me with finding a lady friend that would love me for me and not
for my inheritance and trust fund? I’ve never had sex before. I love to draw. Reading my bible, watching
T.V., listening to music, playing music, I smoke but I can stop if needed, I don’t do drugs, drink, lie or steal.
I don’t have much of a background that’s talkable but I will talk of it if needed. I like brunettes and black,
fair women. Spanish or White! She can not hate people as a person. See if you can find someone down here
near me, if not it’s all right. I’ll always be there for her but it has to be the same! She can have kids, I love
kids and I have a plan when I get out. I’ve never had a girlfriend so she’ll be my first and last if that is what
she wants.

How Chico Tibbs Wishes To Live His Life. Date 08-12-02

1 I want to build a children’s home. A home for kids who have no parents, a home for kids, who have been
sexually abused, and all of the above. This center will have the staff that is completely there for the children.
The ages will range from 2 months to 22 years old. We will make sure that they have a demanding
future waiting for them before they are set free from our care. In this center will be everything a child could
ever dream for in life and more. Plus the most of all education, but the education will be a fun thing
something they want to do. The teachers will make learning an easy thing for these children.

2 I want to own a shopping mall and everything inside it. All the stores and the little shops and then some,
giving people a job who can’t find work and “trusting ‘em”!

3 Spending a lot of time with my wife and puppy and cats. Going places. All the time.

4 Singing, I want to get my singing off the ground and enjoy every bit of it and the life that comes with it.
This will never happen because of my voice.

5 Read my life through a book. I want to write a book about who I am and how I got to the easy way of
living!