OpinionDecember 18, 2016

Editor’s note: Josh Kezer was wrongly convicted for the 1992 murder of Angela Mischelle Lawless in Scott County, Missouri. Judge Richard G. Callahan, now the 47th United States Attorney for the Eastern District of Missouri, declared his “actual innocence” in 2009. For more coverage of Kezer’s exoneration, please go to www.semissourian.com/lawless. For more information on Robinson’s case, go to www.semissourian.com/lifewithout...

Josh Kezer

Editor’s note: Josh Kezer was wrongly convicted for the 1992 murder of Angela Mischelle Lawless in Scott County, Missouri. Judge Richard G. Callahan, now the 47th United States Attorney for the Eastern District of Missouri, declared his “actual innocence” in 2009. For more coverage of Kezer’s exoneration, please go to www.semissourian.com/lawless. For more information on Robinson’s case, go to www.semissourian.com/lifewithout.

Who am I? I’m in the Missouri Jefferson City Correctional Center. I’ve spent roughly 16 years in prison as an innocent man. I’ve been accused of committing a murder in Scott County, Missouri, I didn’t commit. Officers conspired to convict me. The evidence says it wasn’t me. The evidence has always said it wasn’t me. Despite the evidence, it appears law enforcement officers have conspired to convict me, the appellate court has denied me and the Missouri Attorney General’s Office has opposed me. My family believes I’m innocent. My friends believe I’m innocent. The evidence confirms my innocence. I am innocent. I’m represented by attorneys with Bryan Cave in St. Louis. The Southeast Missourian in Cape Girardeau is covering my story. Who am I? Josh Kezer? David Robinson? A white man? A black man? Who am I?

David Robinson.

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“Though oceans roar, You are the Lord of all, the One who calms the wind and waves and makes my heart be still. Though the earth gives way, the mountains move into the sea, the nations rage, I know my God is in control.” “Psalm 46,” lyrics, Shane and Shane

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I don’t know David Robinson. I’ve been told I was locked up with him and knew him on the inside, but I have no memory or recollection of him. I was locked up for roughly 15 years, 11 months and three days. I was locked up with thousands of men. I have no memory of being locked up with him. David Robinson is a stranger to me.

Like many of you, I watched the YouTube series “Life Without” on David Robinson’s case.

I watched the series over and over again. It didn’t take me long to get thoroughly entrenched. So many lines and moments caught me. More than once, I pressed pause and caught my breath. I needed to get away from it. I took extended breaks. I walked away from the computer more than once. The other night I left the house to shoot pool with some friends. Just to get away from it for a few hours. The story is close to home for me.

Watching David’s mother hurt my heart. I thought of my mother. When the verdict was read in my 1994 conviction, I remember hearing screams in the background. Everything became numb. My heart beat. BOOOOOMMMMM! BOOOOOMMMMM! BOOOOOMMMMM! Like a cacophony of explosions, my heart beat. I was numb and didn’t understand what was happening to me. It couldn’t be happening. I was innocent. I heard a voice saying, “I didn’t do this! I didn’t do this! It wasn’t me! It wasn’t me!” My heart was beating so hard, it muffled my ears. Later, when my heart stopped beating so hard, I realized it was me crying, “It wasn’t me!” The screaming in the background was my mother. “Nooooooooooooooooooo!!!!!!!!”

Listening to David’s mother brought me back to that.

I watched David and thought of Rubin “Hurricane” Carter, Antoine Day, Eddie Lowery, Obie Anthony, Amanda Knox, Dred Scott, Dennis Fritz, Ryan Ferguson, Daryl Burton, Mark Woodward, Dale Helmig, Kevin Green, Donald “Doc” Nash #1204501, James Scott #1001364, Jonathan Irons #1011045, Richard Clay #990120, myself and others.

I listened to David’s mother, brother, family and friends, Jim Wyrsch, Jonathan Potts, Albert Baker, Romanze Mosby, Kelvin Howard and David.

I listened to David say, “I cried. Literally crying, I’m like, ‘Wow my life ain’t worth nothing, but (pause) you see the money they was giving him?’”

I understand David. It’s easy for men like us to feel like we’re nothing. We’re not nothing.

Thomas Jefferson drafted the Declaration of Independence.

“We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life, liberty, and the pursuit of happiness.”

Later the Committee of Five edited Jefferson’s words. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

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All men. “All men,” penned by Jefferson, maintained by the Committee of Five.

Do we? Do we hold these truths to be self-evident?

If we do, why is it OK (for we) to treat us like this? Why is it OK to excuse this injustice by referencing David’s unrelated past? Why is it OK to dismiss David because he grew up in a dysfunctional environment and wasn’t a canonized saint from Day 1? It isn’t OK. We’re not nothing.

Every shred of evidence available and presented in the examination of the untimely, unfortunate and tragic murder of Sheila Box exonerates David Robinson. Opinions may vary on David Robinson’s criminal record and character, but the evidence in the Sheila Box homicide exonerates David.

In the course of writing this, I reached out to David’s brother, Justin, and asked if he had any thoughts he would like to share.

“Well I’ll start off by saying it’s been a very long 16 years, which I’m sure you can relate to,” Justin wrote. “David’s my oldest brother whom I’ve hardly ever got to spend a lot of time with being in his younger days he spent several years back and forth from prison, but those were for crimes and things that he was guilty of. But this one’s a little harder for David and my family, knowing that he’s 100 percent innocent. I believe by him being innocent is what makes it hard on David and our family. Three families have been affected by this tragedy. My family the Boxes and Mosby family. I think it shows a disrespect to the Box family by allowing her killer to have walked scot-free just to convict an innocent man who didn’t see eye to eye with the police. Truthfully, this fight is about David and Shelia Box and justice will prevail for the both of them. That’s pretty much all I have to say.”

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“Trial by jury is a fundamental tenet of our criminal justice system. A populist notion in its very essence, the right to be judged by one’s fellow citizens serves as an important check on the State’s power to deprive its citizens of their liberty. A jury trial is intended by purpose and design to limit the power of prosecutors and judges to incarcerate. Just as important, however, is what the right to jury trial is not. A jury trial is not a shield for prosecutors to avoid difficult charging decisions, and deference to a jury verdict is not a substitute for meaningful judicial review. In the final analysis, our system of trial by jury is there to protect citizens from its own government, not to protect government from its own mistakes.” Judge Richard G. Callahan, the 47th United States Attorney for the Eastern District of Missouri, in the case of JOSHUA C. KEZER v. DAVID DORMIRE, SUPERINTENDENT JEFFERSON CITY CORRECTIONAL CENTER, Cause No. 08AC-CC00293 Division 2.

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I was incarcerated pre-Internet, smart phones, hash tags, names preceded by an @ and social media trending, but it seems like it’s how we determine relevance. Apparently Floyd Mayweather Jr. and Conor McGregor are trending. People care more about these two loud-mouths, insufferable pop stars and talk show hosts than they do about victims of injustice. I’ve yet to notice an #IAmJoshKezer, #IAmDavidRobinson or #IAmDonaldDocNash movement, but I am familiar with #IAmTroyDavis, #BlackLivesMatter and #AllLivesMatter. Am I? Do we? @Potus @TheRealDonaldTrump @Foxnews @CNN ...

Have we learned nothing from my case and others like it? Have we forgotten how to prioritize justice? Have we forgotten how to rectify injustice?

I’m puzzled. How do we determine who and what matters? Who or what are we supposed to care about more? Donald Trump, Hillary Clinton, “The Making of a Murderer,” “The Walking Dead,” Russia, China, Taiwan, abortion, life, guns, religious rights, secular rights, jobs, the homeless, welfare, refugees, American veterans? We’ve made it typical, customary and habitual to argue over who or what should matter more. Well, since it is what it is and the tenor doesn’t seem to be changing, I want to throw what matters to me and what I believe should matter to Missouri and America in the mix.

#TheTruthMatters

Criminal cases consist of families and communities.

Sheila Box and Sheila Box’s family are victims. David Robinson and David Robinson’s family are victims. In cases where innocent men and women are sent to prison for something they did not do, we have to acknowledge the innocent as victims. Innocence matters. Victims matter. All victims matter. #AllVictimsMatter

Sheila Box matters. David Robinson matters. Their families matter. The truth matters. Why doesn’t that appear to matter to enough people? Where are the national media, hash tag movements, trending topics, and social media videos recorded in sitting cars in support of these lives? How can we get this case and cases like it to trend effectively in the national conscious?

David Robinson is incarcerated in Jefferson City, Missouri. His address is: David Robinson #188596 Jefferson City Correctional Center, 8200 No More Victims, Jefferson City, MO, 65101. I haven’t any information on the whereabouts or addresses of the Box or Mosby families, but if you feel so inclined in your heart, offer them your support and say a prayer for them.

This Christmas, if you believe David is innocent, write David a letter or send him a Christmas card. Let him know you support him. Say an encouraging word to him. Let him know he matters.

Find Kezer on Twitter at @joshkezer or email him at joshkezer@gmail.com. See a video about Josh’s case at http://www1.cbn.com/video/josh-kezer-the-crime-he-didnt-commit.

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