Dna test for Jesse James Cummings sign now

Petition on Behalf of:
Jessie James Cummings
D.O.C. #244982
H. SW. 3-II
P.O. Box 97
McAlester, Oklahoma
74502-0097


Dear Sir,
we, the people, supporters of Life, Liberty and Justice for ALL, we humbly petition you, Governor Brad Henry of the Great State of Oklahoma, to investigate the trial, conviction and appeals of Jessie Cummings, currently in custody at the Oklahoma State Penitentiary.

In the matter of Jessie Cummings, we are convinced he is the victim of a Grave Miscarriage of Justice, that raises profound concern for the level of legal representation and investigation administered him at the trial which shamefully set forth a stage for his unfair and wrongful conviction of: Count I; Murder in the First Degree of Judy Ann Moody Mayo, Count II; Murder in the First Degree of Melissa Marie Moody. A sentence of death on each count, tried before The Honorable Judge Doug Gabbard II of Coal County District Court (Case No. CF 94-32) in which the Conviction and Sentence of Death were entered on May 9, 1996.

Aside from the issue of ineffective assistance of legal counsel provided to Jessie Cummings at the time of trial, there are a number of issues which are also quite disturbing, these mentioned below are to name only a few:

1. Jessie Cummings was convicted and sentenced to death in the September 5, 1991 murders of his sister, Judy Moody Mayo and his niece Melissa Moody. The conviction and sentencing was based solely on the uncorroborated, unreliable and conflicting testimony of the actual killers, Juanita and Sherry Cummings who had to satisfy the prosecution with their testimony and Jessie Cummings conviction, before they could receive their plea bargains for lesser charges that originally included the threat of a death sentence for both of them.
2. It is undisputed that Jessie Cummings was with his Father on September 5, 1991, at which time his Father was admitted to the Presbyterian Hospital in Oklahoma City for Cancer treatment, being over a hundred miles away.
3. None of the evidence was tested by the Prosecution or the Defense Counsel to determine whether the hair samples and traces of blood could be tested for DNA in order to compare the results with the DNA of Jessie Cummings and/or other suspects.
4. It is clear from Juanita and Sherry Cummings testimony that it was impossible for Juanita and Sherry to have testified truthfully at Jessie Cummings trial. Their respective inconsistent statements, both prior to trial and at the trial are diametrically opposed on key events.
5. Juanita Cummings testimony is contrary to other known physical evidence. This evidence includes information contained in the Medical Examiners Autopsy Reports and the investigation by Law Enforcement Agencies in the months following the homicides.
6. There exists NO evidence: Physical, Trace or Biological linking Jessie Cummings to these offenses.
7. It was testified to, by the actual murderer, that Judy Moody Mayo was murdered in the Cummings home. Luminal Blood Testing was done on the Cummings home by Law Enforcement with Jessie Cummings signed permission. There was no evidence, Physical, Trace or Biological to support that anyone had been murdered the Cummings home.
8. Juanita and Sherry Cummings fertile imaginations continued to supply the Authorities with many tales of Jessie Cummings alleged wrong-doing; there are no other criminal matters pending in other courts against Jessie Cummings. Nor is there any Sentence, Capital or Non-Capital to be served by Jessie Cummings in any other Jurisdiction.
9. There does exist evidence showing Juanita and Sherry Cummings testimony has been repeatedly inconsistent with one other and with the testimony of other witnesses.
10. The Prosecution knowingly used false, misleading and inaccurate testimony and evidence at Jessie Cummings trial to get a conviction.
11. On August 4, 1998, The Oklahoma Court of Appeals Exonerated Jessie Cummings of the Murder Conviction of Judy Moody Mayo, due to the total lack of corroborated testimony and evidence. But then let Melissa Moodys Murder Conviction stand; saying, Sherry and Juanita Cummings were accomplices in regard to Judy Moody Mayos murder and could not corroborate each other. As to the murder of Melissa Moody, Sherry could not corroborate Juanita, but Juanita could corroborate Sherry because the Court dropped Juanita as an accomplice and deemed her a witness solely for purposes of corroboration to allow the conviction to stand.
12. Juanita and Sherry Cummings admitted killing Judy Moody Mayo, while Jessie Cummings was out of town on September 5, 1991. Yet they falsely claimed they kept Melissa Moody Mayo alive until Jessie Cummings return, many hours later. However, the facts and a though investigation will make it clear that Juanita and Sherry Cummings also killed Melissa Moody and disposed of the bodys before Jessie Cummings returned from Oklahoma City.


The question in light of fairness that Justice may prevail is that the Courts have failed to resolve these issues as they feel they are insignificant. We would like to think that with your Analytical Eye and concern for Justice, that you will consider these points of concern which cast much doubt on Jessie Cummings being the man involved in these charged offenses.

Jessie Cummings has consistently claimed his innocence of these offenses, and asked for a through investigation and DNA testing. We find it well within reason to Question the legitimacy of Jessie Cummings conviction and sentence of death, particularly in light of the fact the State principle witnesses were the actual killers and Jessie Cummings was convicted based solely on their uncorroborated testimony and that there is no evidence to corroborate their claims against Jessie Cummings.

The murder weapon(s) was never located in either murder. There is no confession to the murders from Jessie Cummings. There is no evidence linking Jessie Cummings to these offenses, aside from the self serving testimony of the actual killers, Juanita and Sherry Cummings, who had to satisfy the prosecution with their testimony and the conviction of Jessie Cummings before they could receive their plea bargain for lesser charges that originally included the threat of a death sentence for both of them.

Jessie Cummings trial counsel did nothing to have Biological evidence tested or to investigate the claims to make a show of innocence with the facts. Plainly this was vital evidence and failure to investigate a case and raise such fundamentally important evidence falls well below any reasonable standard of competency.

This casts doubt on the conviction and sentence of death. If the trial counsel had tested the evidence and investigated to be prepared to use the evidence at trial, at the very least there is the probability that the results of the proceedings would have been different.

We believe Jessie Cummings is innocent. Particularly, when considering the state solicited testimony from the actual killers who testified accordingly to avoid a death sentence of their own. On July 27, 1994, the day before Jessie Cummings arrest Juanita Cummings disclosed for the first time to Jessie Cummings that she was the one who shot and killed his sister, Judy Moody Mayo and that she took Melissa Moody and did away with her on September 5, 1991.
On July 28, 1994, Juanita Cummings went to work and decided to talk to her employer, Reverend Edward Fields, and his wife Diane. Juanita Cummings told them that when she returned home from work on September 5, 1991 that Judy Moody Mayos body was gone and so was Melissa Moody. Juanita Cummings was home long before Jessie Cummings returned from Oklahoma City.

In the first interview with Law Enforcement after talking to Reverend Fields, Juanita said much the same thing, stating that she did not know who killed Melissa Moody. However, by the time of the trial, Juanitas story had changed substantially.

We would like you to strongly consider looking into the matter of Jessie Cummings confinement. This is his first time in prison, which we are convinced is circumstantial due to a wrongful conviction. That having been said, there lies nothing of record to remotely demonstrate Jessie Cummings has forfeited his right to life and liberty.

This petition is to right a wrongful conviction by investigation and DNA testing of any evidence there may be that should have been performed at the beginning. This would in no way compromise your firm stance on favoring Capital Punishment or being tough on crime, but shows you have a love for the maintenance of justice and that you will not put up with a Grave Injustice of wrongful convictions against the actual innocent, because of the lack of competent counsel. This case deserves and needs your attention.

We are confident that Jessie Cummings can best articulate the injustice against him. We think it wise of you to organize a small investigation team to speak with him regarding his claim of innocence. This the prosecution failed to do and consequently oversaw the conviction of an innocent man.

In closing, we the undersigned would like to re-emphasize that you give fairness to this Petition. Hopefully, this Petition will demonstrate the need for investigative assistance that is needed to prove a fundamental miscarriage of justice. The Supreme Court has recognized that the Fundamental Miscarriage of Justice exception to the procedural default rule is limited to the situation where A Constitutional Violation probably has caused the conviction of one innocent of the crime.
McCleskey V. zant.499 vs. 467, 497 (1991).


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Latest Signatures

  • 19 January 2016453. Sam Woods
    I too have just read the Post Convict Brief and all I have to say is that there is no doubt in my mind that Jessie is innocent. I can also see that these two women were manipulative, cruel and definitely evil and not fit to be called human beings. It is t
  • 12 January 2016452. Secondo M
    I support this petition
  • 04 January 2016451. Cerissa Hughes
    Jesse James Cummings should die. DNA test or not. He needs to pay for his crimes. May he rot in hell. Hi Meliss.. Country USA
  • 02 January 2016450. Mr Ajm
    To Mr/Ms WOOD - It is because of people like you, unintelligent, filthy mouth, trailer trash, that makes parts of society what it is today. Mr Cummings is innocent, you know it, I know it and his supporters know it. Can I suggest if you can read, take a g
  • 02 January 2016449. Marta B
    I support this petition
  • 30 December 2015448. Shannon Ritter
    I read "Suffer the Little Children" which was based around Jesse, Anita, & Sherry's lives. I was appauled by this monsters behavior. I think we should bring back the firing squad for this animal. Country USA
  • 14 December 2015447. Rocio Bauer
    Doing a research on the Internet about death penalty for University, I met Jesse, I have received many letters from him written from that horrible place where he is. Living in a prison and with the agony of knowing that at any moment someone is going to k
  • 13 December 2015446. Ioannidou I
    I support this petition
  • 09 December 2015445. Misty A
    You people are disgusting! i can't believe that you want to let this vial creature go! Anyone who says that this man is innocent deserves death just as much (if not more) then he does. Country united states
  • 01 December 2015444. Pig Reese
    HE BEAT A CHILD! This mad "thing" is a sick "being" and is not worthy of being called a man or human. Anyone who can lay a hand on a child - let alone kill a child should be given the same treatment. As a mother of a 1 year old, I would love to have 1 min
  • 30 November 2015443. Fernando S
    I support this petition
  • 28 November 2015442. Tracy Malone
    this case needs to looked at again justice for jesse is important Country united kingdom
  • 27 November 2015441. Christina L
    I support this petition
  • 14 November 2015440. Dar Marshall
    Ok considering you dont have that much support one more is really not gonna help you much BUT.......It also gives me the opertunity to tell you that even if what you say could possibly be true you deserve to be where you are. Its plain and simple. Justuce
  • 28 October 2015439. Rosemarie Wagnerd
    I support this petition
  • 25 October 2015438. Chiara Lewis
    I support this petition
  • 21 October 2015437. Heather Lane
    i spelled my name wrong before. Oops. HES STILL GUILTY AND SHOULD DIE! Country Canada
  • 18 October 2015436. Joseph Williamj
    If I believed this petition was worth anything, I certainly would not sign it twice and negate portions of it. I've noticed that some of the morons in support of Jesse have signed more than once which shows their obvious lack of intelligence. I would imag
  • 16 October 2015435. Dale C
    Ashley, You should know your rotten POS father better than some of these losers that were trying to get him exonerated. I read the book and theres too much truths that your mom said about what happened.
  • 14 October 2015434. Amber P
    I belive that Jesse Cummings deserves a fair trial. Country United States of America
  • 28 September 2015433. Kyle Horne
    I support this petition
  • 26 September 2015432. Suffer Jessec
    This sick, twisted monster is clutching at straws, sure he's claiming his innocence, he's on death row!!! For all of you who feel sorry for Cummings, you need to read the book "Suffer The Little Children", then let's see if you still have the same opinion
  • 24 September 2015431. Rai R
    I support this petition
  • 23 September 2015430. Mischa B
    I support this petition
  • 20 September 2015429. Patricia C
    I support this petition
  • 18 September 2015428. Stacey C
    he got what he deserved i am the niece of judy and causen of malisa they didnt deserve to die like that ..... Country usa
  • 12 September 2015427. Ashley C
    your stupid if you think god shud forgive me ha that dumb man destroyed my life and can burn in hell for all i care he was not a wonderful man and if u think he was ur stupid tell my brother he didnt kill anybody or malest anybody or beet the hell outa my

browse all the signatures

Information

Alvin ChaneyBy:
FoodIn:
Petition target:
Governor Brad Henry

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