I am innocent!

Paul Zumot was found guilty for the murder of his girlfriend Jennifer Schipsi. There was no smoking gun, no physical evidence, no confession, no videotape proving his guilt.

There were videotapes showing he had an alibi at the time of the murder and arson, he was miles away from the crimescene. But of course the prosecution could not use that to convict him.
A restraining order against two men just a week before her murder, because Jennifer feared for her and Paul's life. But of course the prosecution could not use that to convict him.
Although there was a taped phonecall of Jennifer complaining about Paul, there was also a tape of Jennifer talking about how she was sexually abused by her own father. Maybe that's why Paul called Jim Schipsi a monster at his sentencing trial?  But of course the prosecution could not use that to convict him.

What remained was circumstancial evidence. So called heated text messages exchanged between Paul and Jennifer was supposed to show Paul was emotionally and physical abusive towards Jennifer. I say so called, because Jennifer was the one ranting on and on and Paul was just trying to calm her down. But even if he did,  who hasn't sent an angry text message to a girlfriend before? Better think again. A few heated text messages could get you convicted.

On October 29 Paul Zumot was sentenced to 25 years to life for the murder of Jennifer Schipsi and an additional 8 years for arson. He didn't receive life without parole, but still it is 33 years too long because he did not do the crime. At his sentencing Paul spoke out.

To the judge: " You are corrupt. You always sided with the DA and you abused your power."
To Sunseri: "Shame on you. How do you sleep at night? You know you framed me. I am an innocent man!"
To Maloney: "You all are liars, corrupt. I am innocent. I did not commit any crime. The truth will come out and I will be free."

Of course prosecutor Chuck Gillingham twisted Paul's outburst to his own advantage:

"That was a unique experience, but I'm not altogether surprised that he would react that way. That was all gamesmanship-to have him be in charge. But he didn't have the control, the judge did."

Paul's outburst was what it was; An innocent man crying out for justice.
Justice hasn't been served. The fight continues.

www.paulzumot.com

More than meets the eye

At quite a young age I was confronted with a death in the family. At this very first funeral I didn't know how to act. As I stood next to my parents, I noticed my father wasn't crying. He didn't seem to be really upset. After we left the funeral, he was making jokes in the car. I asked my father why he wasn't upset. He asked me:"Why do you think I'm not upset?"I answered him that most people were crying at the funeral and he wasn't. He replied by asking me:" So in order to be upset, you have to cry?" I hesitated for a moment and then answered:" I guess not, I just thought because everyone was crying..."
My father explained to me that just because he hadn't cried, it didn't mean he wasn't upset. "There is no wrong in how people react to a shocking event. You can't always see on the outside, how someone feels on the inside." I never forgot his words.

Throughout the years I have become a person that doesn't show much emotion. I can act tough, but that doesn't mean things don't effect me. Sometimes there is more than meets the eye.

I have been writing with men on death row and life without parole for quite some years now. I have also been always interested in criminal cases and have read many the past few years. I have read trial transcripts, police reports, blogs and stories. In some cases the defendant was innocent and in some he was not. What struck me most that in the judicial system in the States the jury sometimes convicts on appearance and behavior instead of mere facts. In a way this is understandable. But I dont think it is right.

Some of the reasons jury members gave for finding someone guilty:

He seemed indifferent. He didn't look innocent. He didn't show remorse. It was just crocodile tears. He gave me the creeps. He looked like a monster. He had dark, evil eyes. He didn't cry. He seemed so cold. He was making jokes with his attorney. He looked away when they showed the crime scene photos. He just stared at the crime scene pictures. The tears weren't real. He acted guilty. He didn't seem to moarn the loss of his 'wife/friend/son'. He was staring at the floor. He was smiling and waving at his family. He yawned.


I wonder if some jury members had the same thoughts when they convicted Anthony Graves, when they found Joe D'ambrosio guilty, when they gave Juan Melendez the death penalty or when they sentenced Jeremy Sheets to die. After spending years on death row they were found innocent.

Susan Smith made a heartwrenching plea to he alledged kidnappers of her two children at a press conference. She cried and trembled when she told the media how much she loved her children. Her husband had to hold her so she wouldn't collapse. A few months later she herself was arrested for the murder of her children and later on also confessed to the crime. She had fooled almost everyone.

On both sides this shows there is more than meets the eye. Every person is unique and every person responds in their own unique way. Do I get judged by how I react to certain events in my life? Of course. But luckily my life doesn't depend on it.

Let's just stick with the facts.

Cristian Fernandez, America's youngest 'lifer' ever

Cristian Fernandez is 12 years old. He should be playing outside with his friends. He should be going to school. He should be a lot of things.
Instead he is in solitary confinement awaiting his trial for the murder of his two year old brother. His younger brother died of a fractured skull. Cristian allegedly had beaten him to death. He was brought to the hospital and died of his injuries two days later.
If he is tried as a juvenile, he will be free by the time he is 21. If he is tried as an adult, he will be in prison for the rest of his life and will be America's youngest 'lifer' ever.

Prosecutor Angela Corey says:"We have to protect the public from this young man'.
I wonder how a 12 year old kid can be a young man all of a sudden.

Cristian his arms and ankles need to be shackled, because he is a young man now, not a 12 year old kid.

Cristian didn't have a happy childhood. Cristian's mother was only 12 years old herself when she got him. They were both put in the foster care system when Cristian was two. From the beginning of his young life abuse was an every day occurrence. His stepfather shot himself in front of Cristian and other family members to avoid being arrested on child abuse charges.

But prosecutor Angela Corey doesn't care about that. "The fact that we indicted a 12-year-old in and of itself is a stunning event and a sad event in our prosecutorial lives that we had to do this, but it is the only legal mechanism that we can use to protect the community from this particular defendant at this point".
I wonder if she has ever heard of rehabilitation.

There isn't even a prison uniform small enough for him

His pictures are splattered all over in the media. Everyone knows Cristian. Crisitan only knows his cell 22 hours a day all alone. He is afraid of the dark, but there is no one to comfort him. He is a kid that doesn't know what is going on. He is a kid that might spend the rest of his childhood among adult and hardened prisoners.

But prosecutor Angela Corey doesn't care about that. " The public has a right to be protected from him. It's one where you go, at what point do you step in, so you prevent another murder, and that's how we felt in this case."
I wonder if she sleeps at night.

He is just a kid.


Because the system failed Christian when he was growing up, the system is now charging him as an adult. Does that make sense? Is that fair?

Please sign the petition:
https://www.change.org/petitions/reverse-decision-to-try-12-yo-cristian-fernandez-as-an-adult

Will you give 5 minutes to save a life?

Everyone deserves a fair trial. In a perfect world we don't make mistakes. In the trial of Paul Zumot many mistakes were made. Even worse, they were made on purpose. The prosecution wanted a conviction at any cost, so held back important evidence proving Paul's innocence.They succeeded. Despite the overwhelming evidence Paul is innocent, he was found guilty and is now awaiting his sentencing trial. He could face life without parole. If we stand by and do nothing, Paul could end up behind bars for the rest of his life. If you could take 5 minutes of your time and copy this letter and send it to the below addresses, you could ensure a new trial for Paul and save his life.


We refuse to give up hope. So we hope you will give us 5 minutes, just 5 minutes to save a life. Will you?

Letter


On October 15th 2009 Jennifer Schipsi was murdered and her body was set on fire in the cottage she shared with her boyfriend Paul Zumot.
Paul Zumot was found guilty of her murder. His sentencing trial will take place on his birthday; October 14th 2011. He could face a life sentence.



We would like to ask your attention for the following facts that havent been properly presented during his trial:



At the morning of Jennifer's murder, Paul left the cottage and didn't return until he received the news the cottage was on fire. A witness confirmed hearing her voice right before Paul left. He could prove his whereabouts by surveillance cameras and witnesses during that day. Therefore Paul Zumot had an alibi he couldn't have murdered Jennifer.


The prosecution stated that Paul didn't cooperate during interrogations, but at the same time refused to show the jury the tapes of the interrogations. After Paul was found guilty, the tapes were released and show that Paul was very cooperative. The tapes also show how Paul fell down crying uncontrollably, when he heard Jennifer was murdered.


When the cottage caught fire, Paul was in the shop he owned, 1,5 miles away from the crime scene. There were 2 witnesses confirming this. With 16 traffic lights and stop signs it took Paul 20 minutes to get to the cottage, when he received the news his house was on fire. The prosecution claims it took him 2 minutes to drive from the cottage to his shop.


Jennifer had made quite some enemies during the years. She got a restraining order against 2 men a week before her death, because she was afraid for her and Paul's life.
The police and prosecution never fully investigated other possible suspects.


Paul didn't have a motive. He was planning on proposing to Jennifer and wanted to build a future with her. It isn't in his character to murder anyone, let alone to murder the woman he loved.


The prosecution withheld important evidence that would jeopardize a conviction.


Most importantly; there is no physical evidence at all to link Paul to the murder. There were no witnesses seeing Paul at the scene of the crime during the murder or the fire.


The prosecution based their entire case on hearsay. With an alibi, no physical evidence and no witnesses seeing him at the crime scene, Paul Zumot should have been found innocent. The prosecution's job was to prove his guilt without any reasonable doubt. By not allowing all of the evidence to be shown during the trial, the jury made a decision based on what the prosecution wanted them to see. If the jury would have seen all the evidence, there would be more than reasonable doubt and Paul would have been released.


Based upon the above and more facts not even mentioned in this letter, we find that Paul Zumot deserves a fair trial. Therefore we urge you to review Paul's case again and give him a new trial.


People to contact:

Head of wrongful convictions department : dangel@da.sccgov.org
District Attorney: jrosen@da.sccgov.org
mgreenwo@pdo.sccgov.org
the Governor: http://gov.ca.gov/m_contact.php
Honorable Judge David Cena: sscriminfo@scscourt.org

Jeffrey F. Rosen
District Attorney
70 W. Hedding Street, West Wing
San Jose CA 95110
Phone: (408) 299-3099
Fax: (408) 286-5437

Jay Boyarsky
Chief Assistant District Attorney
Phone: (408) 299-3099

TOP RANKING ASSISTANTS
David Angel
Special Assistant District Attorney
Phone: (408) 792-2857
David Howe

More info can be found on www.paulzumot.com