Van Story - SUMMARY OF PETITION FOR A PARDON FOR INNOCENCE
Jay B. Van Story is serving a life sentence at the Wynne Unit in Huntsville, Texas. He was convicted of allegedly sexually assaulting his 7-year-old female cousin, A.A. Mr. Van Story has always adamantly maintained that he is innocent of the charge and that Child Protective Services (CPS) investigators and state prosecutors coerced testimony from A.A.
A.A., now a married 24-year-old mother of three young children, continues to advocate for Jay's innocence. in November of 2001, she signed an affidavit swearing that CPS and prosecutors had coerced her false testimony and that all allegations against Jay Van Story were completely untrue.
Moreover, she is not the only witness to come forward to change her testimony. Indeed, every member of her family that testified against Jay also now admits they lied after being coerced by CPS. Despite the overwhelming evidence of his innocence and of improper conduct of CPS investigators and prosecutors. Jay has been in prison for over fifteen years for a crime he did not commit.
In August of 2000, A.A. began contacting relatives and admitting that she had been forced to falsely testify against Jay. On April 12, 2001, she wrote a letter to Jay in prison, which stated in part, "I am really sorry about what happened and I send my deppest (sic) apology about all of this. I hope that you understand and know that I was only a kid. I know I cannot make up for the time you have lost of your life, but I can try to make up by getting you free... I want to talk to someone in person... I am willing to help in any way I can."
On October 7, 2001, A.A. wrote to the Innocence Network at the University of Houston Law Center. In her letter she indicated that she wanted to help, but also wanted to make sure she would not get into trouble for what had happened.
In November of 2001, a student investigator for the Innocence Network drove to A.A.'s home to meet with her. She then signed an affidavit swearing that her older brother was her actual molester. The affidavit states that she was scared of him so she told her mother that Jay had touched her instead. The affidavit also states that after her mother, D.C., contacted CPS, CPS investigators questioned her while she was at school. She says that she told them immediately that it was actually her older brother who had molested her. She says that CPS investigators didn't believe her and that the next time she was questioned was at the CPS office where both her mother and her older brother were present. She says that because of her older brother's presence, she was "pressured into falsely accusing Jay."
She explains that the reason she continued to accuse Jay was two-fold: first, she feared her brother. Second, she states that CPS investigators told her that the only way she could go back home would be to continue to accuse Jay. Further, A.A. states that before she died, her mother said her attorney told her that the only way to get her children back would be to cooperate with the CPS authorities and prosecutors in convicting Jay.
Since this case was brought to trial in the late 1980s, there have been numerous studies calling into question children's testimony that was formulated through coercive and suggestive tactics. Research has shown that repetitive questioning will often lead children to change their answers because they come to understand their initial responses are considered "wrong" by their interviewers. Numerous convictions have been overturned that were based on testimony of children that was questionable.
Another item of consideration is the fact that in 1993, a federal racketeering and conspiracy lawsuit was filed against the prosecutors in this case. They were found to have routinely acted in bad faith while in office and to have actively procured false testimony in numerous cases. In fact, another case of theirs was recently unanimously reversed due to withholding of exculpatory evidence and knowing use of false testimony.
Based on the way one of the prosecutors in particular questioned A.A. on the stand, it is not difficult to believe that she procured false testimony in order to convict Jay.
A.A. concluded her affidavit with the following emotional comment: "I am coming forward with the truth at this time because my heart has been burdened by the fact that an innocent man is imprisoned because of my false testimony."
Jay Van Story is a man falsely imprisoned. He is an intelligent man who has published several letters and articles advocating for fairness in the judicial system. He has maintained a very good conduct record in prison, and has held the same job there for over 12 years, as a graphic designer in the prison print shop. He holds no grudge against A.A. or members of her family whose testimony put him in prison unjustly. All he seeks is justice. It is hoped that the Texas Board of Pardons and Paroles will finally bring justice in this case.
David R. Dow, Law Professor University of Houston Law Center, The Innocence Network
November 4, 2003
Please feel free to publish this or make copies and pass it along to others. If you would like to read more about my case, please see Illegally Convicted . Other articles by Jay published in the Cell Door Magazine:
If you are against anyone being falsely imprisoned and you would like to write a letter in support of me being released from my false imprisonment, please write to:
Texas Board of Pardons and Paroles
P.O. Box 13401
Capitol Station
Austin, Texas 78711
Your letter of support can help show the Texas Board of Pardons and Paroles that reasonable, fair-minded people believe that truth should prevail, and that the extreme miscarriage of justice that was perpetrated against me should be remedied right away by a full pardon and a complete restoration of the freedom and liberty that was so wrongfully and cruelly robbed from me over fifteen years ago.
Jay B. Van Story November 22, 2003 - Reader Comment
If you would like to help, here is a sample letter you could write to the Texas Board of Pardons and Paroles. Please include my name, Jay B. Van Story, my TDCJ number, #477649.
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DEAR MEMBERS OF THE TEXAS BOARD OF PARDONS AND PAROLES, I support Jay B. Van Story's (TDCJ #477649) petition for a full pardon based on actual innocence. I do not believe anyone should remain imprisoned when there is overwhelming new and pre-existing evidence of innocence. I believe that Jay B. Van Story's conviction was illegally and unconstitutionally obtained with false testimony. I believe the state's case against him has been totally discredited, and that he is being illegally deprived of his liberty. The board should recommend a full pardon right away so that this obvious and blatant miscarriage of justice can finally be remedied. |
