Via Lisa Deaton
On or about Wednesday July 27, 1994, Michael K. Bernos (Mike) was killed. His body was supposedly found on or about Thursday, July 28, 1994 by his mother. She stared that she called the sheriff’s department to report the body. Sheriff Evans came out to the house to meet with Mike’s mother.
From my understanding and the reports we’ve read, Mike’s mother came to his home in the morning yet Sheriff Evans did not arrive at Mike’s home until the afternoon.
Also ABI (Alabama of Investigation) was not involved until that afternoon either. (Supposedly on that same Wednesday Mike, his sister, mother and nephew came back from Florida vacation and at Mike’s home his sister (Roxanne) ex-husband tried to run over Mike then left stating he would be back with a gun and finish the job, which is in Roxanne’s statement to the police and had been marked through).
On or about Wednesday August 3, 1994, we found out about Mike’s murder, I heard about it on the evening news and called my mother where Danny was living. Danny answered the phone. He started screaming and hollowing falling to the floor.
My mother took the phone and asked who the devil is this and what is going on. I told her what had happened. My mother then called the church and asked to speak to Dr Rogers and he asked what had happened he came over to talk to Danny and stayed several hours it seemed. It was in late afternoon.
The next day mother called Chilton county sheriff department to try to find out what happened to Mike. They would not give her any information and asked when they could come down there and talk to them she told them that afternoon which was a Thursday. So she & Danny went to Clanton, Alabama to talk to the officers to see what had happened to Mike. All they did was question us without reading us our Miranda rights which was very important because later they tried to use those statements against Danny in a bogus gun charge.
Also tried to put us in Clanton on or about the time of Mike’s murder yet used the wrong time line. The gun charges .were dropped around the latter part of 1994 or early part of 1995 and Danny was in jail in Rockford charged with the murder and capital murder of Mike.
When he went before the judge on the bogus gun charges his attorney was David Karn the judge dropped ALL charges yet Danny was returned to Rockford and held till they had his trial in September 1996.
Not to mention I was not ever subpoenaed to testify in court. Mother was subpoenaed by the state to keep her out of the courtroom knowing had she’d been in the courtroom they would not have been able to prospect her son.
The assistance attorney general impeached her twice on the witnesses stand she was his witness the judge started you’ve just impeached your own witness.
Danny has had about 6 or more attorneys and has filed numerous motions himself the last one in June 2014 saying he had to pay for ,t yet for all these years he’s filled indigent.
In his trial they asked for a retrial. Judge John Rodchester denied it.
Danny filed ineffective counsel, Rodchester denied that too.
Danny also filed for a Rule 32 petition turned down so many times we’ve lost count.
Rosa Davis of the attorney general office was aware that Mike had raped and molested numerous boys. That information was not disclosed to the defense at any time. Said information would have led to any number of suspects and motive possibly leading to a viable alternative theory of the crime.
It is the duty of that prosecutors to turn over all evidence withholding of relevant evidence is in violation of ALABAMA constitution 1902Act 1$6 and the United States constitution amendment 14th,5th,6th.
Failure to disclose favorable evidence violates due process when evidence is material these issues could have been conveniently resolved if the fact presented in the truth of the matter.
The state knowingly used perjury testimony in the grand jury investigation and failed to correct it at the trial.
The state proved Tony Quience killed Michael Bernos with a .45 gun. Courts have emphasized the sovereign itself their concern about the unfairness of the prosecution arguing inconsistent theories at two separate trials.
The trial is fundamentally unfair where the prosecution theories of the same crime in different trials negate one another. When the sovereign itself takes inconsistent position in two separate criminal proceedings theories of prosecution argument noted that.the due process concern that the state would attempt to prosecute and convict multiple defendants for the same crime in hope of that one of them is the true prepertrator of the crime.
Tony Quience was arrested on March 11, 1995 for the murder of Mike. Mike was one of Tony’s school teachers. Mike being a pedophile. While Tony was in jail he confessed to 2 undercover officers than he killed Mike. Mike owed him money for drugs. Tony was convicted of Mike’s murder.