Letter From C.D. Davis

Steve’s Karbans’ situation is not an isolated incident. There are many who share his plight and frustration with what is happening in our judicial system. Here is another case in point:

It had been a rough week end in the twelve year relationship between C.D. and Lori, his common law wife and mother of his two children. On a Saturday morning, after another all night full of arguing and before leaving for work, C.D. told Lori that he had enough of all the arguments and he had decided to move out. C.D. hoped a separation might help resolve some of the issues between them. C.D. and Lori had briefly separated once before and the children had gone with C.D. Lori, fearing C.D. would leave and take the children again, took the children and went to her sister’s house.

On Monday August 29, 2005, at 4:30 in the morning, C.D. left from his home to go to work. He had gone about a half mile from home when his is pulled over by the Phoenix P.D. and arrested. To his shock and bewilderment he has been charged with six counts of child molestation and one count of sexual abuse on his eleven year old daughter. He was denied bond even though proof was not evident or presumption great. C.D. was indicted. Because the charges were frivolous and baseless, C.D. elected to have a bench trial. At the conclusion of the trial C.D. was again shocked when he was found guilty of six out of the seven charges against him. Especially considering the prosecution did not, and could not, present one shred of proof or any medical, physical or even corroborating testimony to support any of the allegations charged in the indictment. The evidence in this case was the State’s own medical exam of C.D.’s daughter which stated an explicit conclusion of “no signs of any sexual contact”. A conclusion that clearly supported C.D.’s innocence. But still C.D. was found guilty and sentenced to 28 years in prison.

This is not a tale of fiction or a tale of hearsay. This is my story, my nightmare. My name is C.D. Davis. I am a 54 year old Black American and I am serving a 28 year sentence in an Arizona State Prison based on nothing but questionably obtained allegations. I have been fighting my conviction and sentence for nearly four years now. Even though I know I am not qualified to represent myself, I don’t have a choice. The state of Arizona hasn’t any help to give or just won’t. I am guardedly optimistic that the Court of Appeals will review and render a decision in my favor. If not, I’ll take my issues to the next level.

You may be asking how can a person be convicted without any proof or evidence? If you are charged with a sex offense, it is frighteningly easy, especially here in Arizona. Being charged with a sex offense is like no other criminal charge. When it comes to sex offenses, more and more states are changing their laws and by doing so have shifted the burden of proof to the accused. Under the Due Process Clause of the Fifth Amendment, the prosecutor is required to prove beyond a reasonable doubt every element of the crime with which a defendant is charged. The defendant must be acquitted if the government fails to meet its burden of proof. The defendant must also be acquitted if the court defines reasonable doubt in a way that impermissibly eases the prosecution’s burden of proof.

Arizona is one of those states that have all but relieved the prosecution of having to prove guilt in any alleged sex offense. The constitutionality of these laws and the manner in which they are complemented is highly questionable. This process is what I call “accusatory law”. This is basically a judicial process in which a conviction of a sex offense may be had on the uncorroborated testimony of an accuser. A judicial process in which proof or evidence is not required. One of the cornerstones of our constitution and our legal system is the right and belief guaranteed under our constitution that an accused person is innocent until proven guilty.

The following is an excerpt from a ruling handed down by the Arizona Court in State vs. Pollock, that clearly demonstrates guilty until proven innocent. Quoting State vs. Pollock, “The first question is as to the sufficiency of the evidence to sustain the verdict. The prosecutrix (accuser) testified directly and positively to the completed crime. Defendant denied that he either attempted or completed the offense charged. If this were all, the question would undoubtedly be one for the jury, for in Arizona in a case of this kind a conviction may be had upon the uncorroborated testimony of the prosecutrix (accuser) unless her story is physically impossible or so incredible that no reasonable man could believe it.”

In other words, if you are the accused and can not prove you were physically incapacitated, or dead, or prove you were in another city, state or country and not in the general vicinity, you could be, and more than likely will be, found guilty.

These types of laws and rules, whether deliberate or inadvertently, have shifted the presumption of innocence to a presumption of guilt and placed the burden of proof on the accused. This in turn has created a direct conflict with the Reasonable Doubt Standard of the Fifth Amendment. In fact, these laws and rulings are actually in violation of this standard and are seriously unconstitutional.

The end result is that innocent men and women, myself included, find ourselves charged, convicted and sentenced strictly on unsubstantiated allegations. We are left in “shock and awe”, victims of unconstitutional “accusatory law”. Our lives are shattered, our reputation tarnished, relationships reined and we are imprisoned. We are now ostracized and labeled the pariah of society. I must again emphasize, all this without one shred of proof or any physical, medical or even testimonial evidence to support a conviction.

“Accusatory Law” crosses all economic, educational and social lines. Here in this prison there are doctors, teachers, engineers and many other career professionals. Every kind of blue collar and white collar worker can be found here. This is our harsh reality and it could happen to you in the blink of an eye.

Any questions, comments or responses are welcome. I will try and respond to all.

C.D. Davis #66882
S.S.P.C. Eyman/Cook
P.O. Box 3200
Florence, Arizona 85232