Trial Misconduct


Prosecutorial misconduct and ineffective assistance of counsel ruined Ha’son’s chances at a fair trial.


Prosecutorial Misconduct



The false testimony of
Michael Farley:


A key piece of evidence against Ha'son was the testimony of police informant Michael Farley. Farley claimed at trial that he and Ha’son were close friends, despite Ha’son insisting that the two had never met. He testified that on December 12, 2005, Ha'son asked him to kill Ebony and that Farley had agreed because he was scared Ha’son would hurt him if he did not.


FARLEY’S STATEMENT WAS A DECIDING FACTOR IN PROVING HA’SON HAD CONSPIRED TO KILL EBONY. 


On November 17, 2009, Farley recanted his statement to private investigator Mitch Barton who was working on the case. During this same conversation he said he had been threatened by the Prosecution that he would be charged with Ebony’s murder if he did not testify against Ha’son. In exchange for testifying falsely, the Prosecution also granted Micheal a reconsideration of the sentence he was serving at the time. Not long after testifying against Ha’son, he was allowed to finish the remainder of his sentence under house arrest, rather than in jail.


ALTHOUGH FARLEY RECANTED HIS STATEMENT, HE HAS YET TO SIGN AN AFFIDAVIT FOR FEAR OF PERJURY (THE CRIME ASSOCIATED WITH LYING UNDER OATH) AND FURTHER BACKLASH FROM THE PROSECUTION.


Given the importance of Farley’s statement in the efforts to establish Ha’son’s conspiracy to commit murder, it is crucial that he sign an affidavit. His one signature could be the key to proving Ha’son’s innocence and granting him a new trial. Farley bravely came forth with the truth once. Now that he is no longer at risk of punishment, it is crucial that he do it again.


Ineffective Assistance of Counsel




Ha’son’s primary defense counsel, James Zimarowski, previously had a case overturned based on ineffective assistance of counsel. With issues paralleling those in Brian Ferguson’s case, there is reason to believe that Zimarowski was ineffective yet again. Specifically, there is no indication that Zimarowski thoroughly investigated Michael Farley’s credibility as a State’s witness and Nina Jefferson’s verbal confessions to Carolyn Ramsey and Denise Steele.


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