Wednesday, January 14, 2009

A Summary of Obadyah's Case

Friends -Obadyah Ben Yisrayl has spent 18 years on Death Row. His case is among the most unjust there have been, even in Indiana. Below is a relatively brief summary of Obadyah's cases. Please read these and make any comments or pose any questions you have. We will post more information soon. Check back soon!

In 1992, Obadyah Ben-Yisrayl was convicted
of several murders he did not commit

In 1999, Obadyah passed a lie detector test
confirming that he never shot anyone

THE CRIMES:
From October 30, 1990, to December 18, 1990, someone used a shotgun to murder seven people in Lake and Porter Counties, Indiana. After the first two killings, the police began searching for a white man identified by several witnesses. The next victim was a gas station attendant. Two young white men were seen at the gas station shortly after the shooting.

When more shotgun shootings killed more people, the Northwest Indiana Violent Crimes Task Force was formed. It was comprised of over two dozen agencies, including the FBI, the Indiana State Police, and the Lake and Porter County Sheriffs’ Departments. The Task Force continued looking for a white man who had been identified at several of the scenes.

The sixth and seventh victims were brothers who were killed at a tailor shop in Gary, Lake County, Indiana. The Task Force interviewed many people and followed hundreds of leads. A composite drawing of a white man believed to have committed the crimes was published in local newspapers and showed on local television stations. The Task Force continued looking for a white man and asked the community to help find the suspect.



THE ARREST:
On January 28, 1991, Obadyah Ben-Yisrayl and Antwion McGee were arrested after a handgun shooting at Southlake Mall in Lake County, Indiana. McGee eagerly told the police that Obadyah was the shotgun shooter. Obadyah is a medium to dark-skinned black man.

Obadyah was quickly apprehended. After 33 hours of interrogation at the Lake County Jail, he made self-incriminating statements regarding all seven homicides based on information fed to him by the police. He told the police what he thought they wanted to hear, trusting that the judicial system would exonerate him. His statements are nearly devoid of detail. What detail is present is often demonstrably wrong. His statements have been found by a leading expert in the field of confessions to be consistent with a false confession.

THE TRIALS:
Obadyah’s first trial was for the two murders which occurred on October 30, 1990. An eyewitness testified positively that Obadyah was not the man who shot and killed her friend. Despite his false confession to the police, the jury found Obadyah not guilty.

Next, Obadyah was tried for murder and attempted murder, based on two shootings on December 15, 1990. A witness testified he saw a white man with an item that might have been a shotgun at one scene. Despite his false confession to the police, another jury found Obadyah not guilty.

The third trial was for two murders, including the gas station shooting. Even though two white men were seen at the gas station after the shooting, Obadyah was convicted by an all white jury. He received the death penalty.

Finally, Obadyah was tried for the shooting of the brothers at the tailor shop. Although no one placed him at the scene, he was convicted. While the jury recommended against death, the judge imposed death anyway. Subsequent investigation uncovered a witness who saw a white man matching the Task Force composite outside the tailor shop just before the shootings. That witness was not presented to the jury.

THE APPEALS:
On July 23, 2003, the convictions in the third trial were reversed by the Federal District Court of Appeals. That reversal was upheld and finalized by the 7th Circuit Federal Court of Appeals on December 15, 2005. The state has not yet sought to retry Obadyah.

On August 28, 2008, the 7th Circuit denied Obadyah a new trial in forth trial matter, imposing a 120 yr. sentence, despite his lawyer’s failure to present the sole eyewitness. This witness reported seeing the white man depicted in the composite sketch across the street from the tailor shop moments before the murders. Moreover, this white man was sitting in a car matching the description of the States’ star witness, Antwion McGee. No jury has ever heard this evidence!

Obadyah has one remaining appeal to the U.S. Supreme Court due late January or February 2009. If the court declines to hear the case, Obadyah will have to seek extra-judicial remedies to expose this grave injustice. All aid and assistance geared towards exposing and reversing Obadyah’s plight is sought and welcomed!

Obadyah currently sits on Indiana’s Death Row hopeful that he will be exonerated.
The Indiana courts have refused to consider the results of the lie detector test.

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