On August 8th 2008, I, Singa Jones and my co-defendant Corvell T Staples, were staying in Victorvile, California at Latisha Tharp and David Payno’s house. On that day, August 8th Latisha, sister of co-defendant Corvell Staples, received a phone call from Geneva Precious Poole, who is my sister, stating that a home invasion robbery had taken place the day before (August 7th 2008) in the apartment complex where Geneva lived in San Bernardino, CA, by about 7 young males. Latisha then stated to Geneva that ‘your brother and my brother were here on August 7th and spent the night also’ which is true; Victorville to San Bernardino is about a two hour drive on the freeway. Neither I nor my co-defendant had a car at the time.
David Payno who was Latisha’s boyfriend, worked in San Bernardino at the time. On August 6th 2008, after work, he picked up my co-defendant and on August 7th,(also the date of the robbery), after he left work at around 4 or 5pm, he picked me up and took me to Victorville. The robbery took place around 8 to 9 pm!
A few days after the robbery, my sister Geneva P. Poole, who lived in the apartment complex where the robbery took place, had an argument with her husband, which caused a disturbance throughout the complex. The police was called in. When they arrived, they found men’s clothing thrown into the street by my sister. I had stayed with my sister at her apartment from time to time over a period of 4 months or so, so I still had belongings at her place. It just so happened that a pair of jeans that belonged to me were thrown out as well. The officers went through the clothing and found an I.D. card that belonged to me.
Now on the day/night of the robbery (August 7th 2008), when the victims Mikiakia Johnson and her boyfriend Larve Bell called 911, they told the 911 operator they had been robbed and did not see what anyone looked like and could not recognise anyone either. But they said it was about 6 to 7 young males from ages 17 to 21 with hats, bandanas and masks. Mikiakia Johnson also stated that she was asleep and had woken up to the robbery and it was dark. This was all stated to the investigative officer who arrived on the scene of the crime.
I and my co-defendant were always seen together in the apartment complex, due to his sister Latisha living there a few months before the robbery took place, and my sister also living in the same complex. We both stayed at our sisters on occasions, so our faces were known very well around the apartment complex.
On August 14th 2008, I and my co-defendant were in the city of San Bernadino, CA. We were stopped by police officers and arrested for a crime not related to any home invasion robbery or robbery, period! But while in the police station, I was asked by police if I knew anything about a home invasion that happened in my sister’s apartment complex. I stated ‘no’. The detective asked where I was on August 7th, 2008. I told him Victorville and he got angry, saying he can help me, just to tell him who were the robbers. I stated again I knew nothing about it, I had heard about it, that was all! I and my co-defendant were booked into the county jail, but not for the robbery. While in county jail, I and my co-defendant were given an AD-Charge for the robbery and at court date, we were offered a 3 year plea bargain deals. We both declined and pleaded not guilty, asking for a speedy trial. We were given another court date for Arraignment. While I and my co-defendant were in county jail awaiting our next court appearance, a newspaper article we came across stated a car that had been stolen from the home invasion robbery had been recovered and fingerprints were found, that belonged to a Joseph Denham, and that there was a warrant out for his arrest!
By the time of my and co-defendant’s next court date, Joseph Denham had been arrested. Neither I nor my co-defendant knew this person or had any ties with him, but he was added to our case as if we knew each other, and he became a co-defendant as well!!
It took a few months for our trial to start due to State appointed lawyers and District Attorneys not being ready. I believe it was a tactic to give time to the District Attorney to coerce the victims on what to say on stand at the trial.
Before trial took place, in April 2009, Joseph Denham signed a plea bargain for 3 years of prison, admitting the robbery because he did not want to go to trial. Joseph Denham is willing to testify we weren’t with him on the day of the robbery. He is now home, I believe.
At trial in April 2009, the victim Larve Bell got on stand and testified that he knew and had seen me and my co-defendant around the apartment complex before the robbery. He was asked if he had seen us the night of the robbery and did he think we were the robbers. He stated ‘no’. He was then asked why he picked my and my co-defendant’s photos when officers showed them to him. He stated that officers had asked him if he recognised anyone from being around the area, not as being the robbers! Prior to trial, the victim was told to put an x on the photo; the police officers then circled it!
The second victim, Mikiakia Johnson, got on the stand and testified that two of the robbers had masks on when she woke up. She saw them, they had guns and one of the robbers took off his mask before leaving and showed her his face, and the face belonged to me. She also stated she went outside and saw my co-defendant walking around outside the apartment complex. The investigative officer who talked to the victims on the day of the robbery stated on stand that she never said any of this to him and it was the first time he heard of it at trial! She also stated that she saw me sitting on the steps outside her apartment the day of the robbery and she stated she saw me and my co-defendant on multiple occasions before the robbery. This was understandable as we both stayed at our respective sisters’ home, who were living in that same apartment complex.
The District Attorney told jurors, that despite her contradicting stories and insufficient evidence, they should look past it because she was scared of ‘us’, because ‘we’ were gang members. The District Attorney called a deputy Kevin Snyder to testify as a gang expert on gang culture and the crimes they commit, which made jurors bias towards me and my co-defendant!
During deliberations, a juror stated that there was a problem in the deliberation room with another juror. When asked what the problem was, she said she feared for her life because one of the jurors stated that someone in her family was an ex-gang member and it was affecting other jurors as well. When that juror was asked about the family member being in a gang, she stated that she didn’t know him personally, but had heard of him through other family members. She was just giving an example that gang members don’t always commit crimes and can change their lives around!
All other jurors were asked if they were affected by this news, and a few jurors said that they were scared! The juror who had had a family member in a gang was taken off the juror panel. I did not want her taken off because she was the only African American juror and she was trying to help us because she knew we were innocent!
My State appointed attorney filed a motion for mistrial due to juror misconduct, along with my co-defendant’s lawyer but it was denied! The other jurors were told by the judge to start deliberations anew and try to be fair and impartial even though a few jurors already had said that they could not be fair and impartial!
The next day, during deliberations, a District Attorney from another court room said she had some important information regarding a juror on my case. She stated that while she was attending a cake decorating class in another city after court, she overheard one of the jurors speaking about my case with non-juror. The District Attorney stated she heard the juror say it was a gang case and that a juror got kicked off the panel of jurors for having family members involved with gangs, and that she was tired because of the length of the trial! A non-juror said to this juror that if they are gang members, they ‘should get what’s coming to them’. At that point, the District Attorney stepped in to stop the conversation before it got more out of hand. She also let the juror know that she should not have talked about the case outside the courtroom and it was against the rules of the court. The jurors were instructed before trial started not to do such a thing!
My attorney filed a second motion for mistrial and it was denied again, and the judge kept that juror on the jury panel!
I and my co-defendant were found guilty on April 15th 2009. On June 26th 2009, I was sentenced to 29 years in prison – 10 years for gang enhancement, and 9 years for robbery, which was the maximum sentence.
Judge: Annemarie G. Pace
District Attorney: Dan Detienne
Singa Jones’ Attorney: Andrew Haynal
Co-Defendant Attorney: James Gass
Court of Appeal No: E048781
Appeal Lawyer: Gerald J Miller
Appeal denied in Fourth Appellate District Division 2
Appeal denied ‘Without Prejudice’ in California Supreme Court
Appeal denied in US District Court
Appeal denied in US court of Appeal Ninth Circuit