Submitted: October 21, 2014
Motion for Postconviction Relief and Motion to Amend Rule 61 Motion for Postconviction under Section (i)(5), Discovery of New Evidence DENIED
Daniel Logan, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Jarreau Ayers, Wilmington, DE, pro se.
ERIC M. DAVIS JUDGE
This 22nd day of January, 2015, upon consideration of the Amended Motion for Postconviction Relief filed by Jarreau Ayers; the facts and legal authorities set forth in the Motion for Postconviction Relief and Motion to Amend Rule 61 motion for postconviction Relief under Section (i)(5), Discovery of New Evidence; and, the entire record in this case:
1. On November 23, 2010, while serving a life sentence at the James T. Vaughn Correctional Center, Mr. Ayers met his girlfriend, Latasha Brown, and his sister, Lakeysha Ayers in the visitation room. Camera footage showed Ms. Ayers handing her brother a package when she hugged him. The security team immediately entered the visitation area. Mr. Ayers attempted to run, discarding the package in the hallway. Officers recovered the package and found heroin, cocaine, marijuana and a cell phone inside. Thereafter, the State arrested and charged, by indictment, Mr. Ayers, Ms. Ayers and Ms. Brown.
2. Mr. Ayers did not want Ms. Ayers and Ms. Brown (the "Co-Conspirators") to serve jail time for their role in the November 23, 2010 incident, therefore in January 2011, Mr. Ayers wrote to Brendan O'Neill of the Public Defender's Office. Mr. Ayers then communicated with his trial counsel, Kester Crosse (the "Trial Counsel") in hopes of having the State drop the charges against the Co-Conspirators. Mr. Ayers offered to plead guilty to the 1997 murder of David Butler, a cold-case murder, with the condition that the charges against the Co-Conspirators be dropped.
3. On April 20, 2011, Mr. Ayers confessed in a proffer to the murder of Mr. Butler. During the proffer, Mr. Ayers described how he saw Mr. Butler in the 2500 block of North Market Street in Wilmington, ran up to him and shot him in the back of the head. The State corroborated the information with the physical evidence recovered by the police at the time of the 1997 murder and the resulting interviews of that investigation. Mr. Ayers waived his indictment and agreed to be charged with Attorney General's Information.
4. On May 19, 2011, the State dropped the charges against the Co-Conspirators.
5. On June 17, 2011, Mr. Ayers pled guilty to First Degree Murder, Promoting Prison Contraband, and Assault in a Detention Facility. Prior to accepting the guilty plea, the Court engaged in a through colloquy with Mr. Ayers during which Mr. Ayers stated that he was satisfied with his representation by Trial Counsel. After the colloquy, the Court accepted Mr. Ayers' plea as knowingly, intelligently and voluntary given. Pursuant to the agreement, the State recommended a life sentence for the First Degree Murder charge, three years at Level V for the Promoting Prison Contraband charged, and eight years at Level V for the Assault in a Detention Facility charge.
6. On July 29, 2011 the Court followed the State's sentencing recommendation. Mr. Ayers ...