George Krushinski

My brother is now serving approximately 40 years for a crime he did not commit.  This is due to:

*Prosecutorial misconduct, tampering with evidence, planting a witness

*The prosecution failed to establish the burden of proof beyond reasonable doubt

*There was no substantial evidence to link him directly the crime, all evidence was circumstantial

*Expert testimony was manipulated to mislead and confuse the jury 

*Incidents regarding vandalism did not meet the standard of relevance, yet testimony on them was allowed 

*His bill of rights was violated when an officer trespassed unto his property in order to get a photo and description of his house to obtain a search warrant 

*He also endured ineffective assistance of counsel. His attorney had information to assist in proving his innocence and did not use it.

*Just over 2 weeks later in Kentucky 2 hours away a device similar to the one my brother was charged for was found at the side of the woods, 2 days later a man checked himself into a mental hospital confessed to that device and they found 8 others in his house, which fit the same description.

Sincerely,

Kevin Krushinski,

Here is a letter from him, please let me know if you would consider helping prove his innocence.

To Whom It May Concern:

I am writing to you to report a failure of the American Justice System. On September 3, 2002 a witness (Amber McKinney) saw someone in a gray four-door car; place a pipe bomb in a mailbox in Harrison Co. Kentucky. On October 4, 2002 ATF agent Gary Smith arrested me. The prosecutor James Zerhusen of the US attorneys Office in Lexington KY wrote the indictment for September 3, 2002 and demanded an alibi for September 3, 2002. We obtained the dispatch records from the trucking company where I was employed, the records are kept by satellite and computer. On September 3, 2002 I was in Grand Rapids MI, 400 miles away from the scene of the crime. I left Lexington KY on September 2, 2002 at 8:00 PM. Instead of dropping the charges against me, Mr. Zerhusen began tampering with the evidence. He proceeded with the trial, and lied to the jury telling them the crime happened on August 31, 2002 and someone in a pick-up truck was seen putting the bomb in the mailbox. He then planted a witness (Mr. Wurtz) who suddenly appeared out of nowhere three weeks before the start of the trial to testify to this. To put the icing on the cake, Mr. Zerhusen would not even cross examine me on the witness stand. I took the witness stand and proclaimed my innocence, when it came time for him to cross examine me; he stood up and said “I have nothing your Honor.” He never disputed one word of my testimony. It goes to show you which one of us had something to hide. This is probably a landmark case. This is equal to a motorist refusing to submit to a breathalyzer, you know how the judge would rule when that case came before his bench. You cannot convict someone and send them to prison without even giving them a chance to defend themselves.

The federal courts are stooping to a new low. They never even held an evidence hearing before the trial, this gave them the opportunity to tamper with the evidence. The Government is also refusing to hand over the transcripts from the grand jury hearing. When it came time to submit briefs to the 6^th circuit court of appeals in Cincinnati, OH, Mr. Zerhusen, knowing it was illegal to tamper with evidence, then moved the date the crime was committed back to September 3, 2002 to match the day on the indictment and completely forgot to mention his planted witness Mr. Wurtz and Amber McKinney’s testimony. On May 10, 2005 all 3 Judges hearing the case, Judges Guy, Batchelder, and Gibson, ruled that the fact that I was 400 miles away from the scene of the crime and a witness who saw someone else commit the crime is “Harmless error” and affirmed my conviction. This is exactly what the appeals court is designed to protect against, their not even publishing the ruling. At trial, Mr. Zerhusen blamed 9 other crimes on me that were not on the indictment and he knew I could not have committed them, the dispatch records proved I was not even in the state of Kentucky when they were committed. Prosecutors will begin doing this type of behavior to everybody, now that they know the appeals court is going to permit it to happen.

After the trail was over Judge Forrester sentenced me to 41 years and 3 months in prison, the appeals court vacated that sentence. Today, August 26, 2005 Judge Forrester knowing I'm innocent, again sentenced me to 36½ years in prison, this will be a life sentence for me. I do not have a gray 4 door car. This is an unsolved crime, whoever committed it is getting away with it, and the government is fully aware of it. This is a true story; I have complaint papers, court records, transcripts and briefs to the appeals court to prove everything I've told you and more. I'm 43 years old with no criminal record. Please help me get this ridiculous conviction overturned. The courts have made it clear that they are not going to police themselves. If possible, I would like to meet with you in person for an interview. I am currently at the U.S. Penitentiary in Terre Haute, IN 47801 #08917-032.

Thank you,

George Krushinski

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