Can You talk like this

The injustice done within the case of Mr. James Fowler involves Prince George's County Maryland Police Officer, Kevin McSwain, using sloppy and deceitful investigative tactics and falsified his police report the day of the shooting which led to Mr. Fowler's arrest and conviction.  Also, Tomar Locker the surviving victim in Mr. Fowler's case, knowingly gave false testimony at Fowler's trial in 1994. Then came back four years later, killing the person who he said was directly responsible for shooting him and killing two others in the 1994, case that Mr. Fowler is convicted of.  I ask that you please pay close attention to the facts and evidence herein as I show and prove through trial transcript, police report and medical records, that for the last 32 years, Mr. Fowler has been sitting in prison for a crime that he is truly innocent of committing or having any involvement with whatsoever.  

On April 16, 1994, the day of the shooting around 1:00pm, in Oxon Hill Maryland. Tomar Locker was sitting in a parked car (front passenger seat) with his girlfriend Keisha Cragg (driver), while Keith Smith was standing outside of the car talking to Tomar Locker through the passenger window. A gunman approached from the right rear of the car with a gun in both hands and opened fired shooting Keith Smith outside the car, then fired shots inside the car hitting both Keisha Cragg and Tomar Locker. Keith Smith died on scene, while Keisha Cragg was able to drive herself and Locker to Greater Southeast Community Hospital, which is only 5 minutes away by car.  Once at the hospital, Cragg and Locker were pulled out of the car by doctors/nurses and taken straight to emergency room. **There were no police present when victims first arrived at emergency room entrance. The victims arrived at 1:05p.m. according to medical reports.  

In 2001 Dr. Chapman, the head emergency room doctor, stated in his interview, "that once he saw that Locker had gunshot wounds to the chest, he immediately started chest tube surgery and the surgery lasted between 30 to 45 minutes and during this time, he would not allow anyone to speak with Locker" Also, at 1:15pm, while Locker was receiving chest tube procedure he was also placed on Oxygen Therapy, because he had decreased lung sounds, breath sounds diminished and was wearing a non-rebreather mask "receiving 100% oxygen" Still, no police present. 

*Fowler’s trial counsel* failed to subpoena or present testimony from the emergency room physicians and nurses who treated Locker and further failed to introduce or rely upon Locker’s medical records, which clearly establish that Locker was incapable of verbal communication. 

 THIS IS WHERE THE INJUSTICE/FALSIFYING POLICE REPORT BEGINS  

At Mr. Fowler's trial in 1994, Officer Kevin McSwain testified that he arrived at Greater Southeast Community Hospital at 1:15pm, spotted victim's car, taped off the area and waited for another police officer to arrive before he went inside to locate victim(s). Once inside emergency room Officer McSwain testified "that it was total chaos, with blood,   

needles and tubes everywhere and in the midst of all of the commotion, he was able to receive Mr. Fowler's whole name and a full detailed description from Locker stating James Fowler, 23 yrs old, black male and attended Oxon Hill High School" **Shortly thereafter, Locker went into a coma. Tomar Locker testified at Mr. Fowler's trial (Volume III, pg. 84) that he could barely talk, couldn't give a physical description.   

Tomar Locker and Officer McSwain also testified at Mr. Fowler's co-defendant's, Arthone "Southeast" Williams's trial in 1995. At that trial, Officer McSwain again testified he received a detailed description from Locker about James Fowler (Williams Trial, 6/27/1995; 25-29). He further testified he obtained permission from a doctor to speak with Locker while they worked on him and at that time Locker was coherent, a fact which contradicts Dr. J. Duncan Harveil, who testified at Mr. Fowler's codefendant's trial (1995, pg4; 18-25) 

Q: And can you tell the jury who, if anyone you operated on around 1:15pm that day?

A: A gentleman by the name of Tomar Locker (pg. 9......line 23-25)

Q. And what, if anything.... what if any operation did you do concerning his upper area? (pg. 10......line 1-10)

A: He had an endotracheal tube "which remains in" because he was dependent on a ventilator to breathe after an extended period of time, leaving the tube from the nose into the windpipe causing problems so we did a tracheotomy to move the tube out of his mouth down to his windpipe. (pg. 10......line 13-14)

Q. Could he talk while it was in?  

A: No 

Here, the critical light is placed on the manner in which this police report - drafted information was obtained. Also, by whom the information came. That is to say, that it did not and could not have come from the source that Officer McSwain's police report states. Case and Point: Locker's testimony in 1995 (co-Defendant Arthone Williams trail.... ex-18) rest of the fact that he did not report detailed information to police on the day of the shooting. In his own voice.   

Q. He asked you who did it, right?  

A. That is right. And I told him who did it. I was sitting there bleeding, blood pouring out of me. Nurses were helping me. What do you want to ask me for a physical description of the person for?  

Q. You told him that the first individual was James Fowler, right?  

A. Yes  

Q. You told him Mr. Fowler attended Oxon Hill High School?  

A. I didn't tell him that day.  

Q. You didn't him [sic] he attended Oxon Hill High School  

A. I don't recall telling him that. He asked me who it was and I told him who those people were.  

Q. Did you tell him Mr. Fowler's approximate age?  

A. No. I didn't recall that. No, I don't think. He didn't ask me that many questions. I wasn't in that. I wasn't in no shape, you know.  

Q. If you could just answer my questions  

A. I was in no condition to answer no questions.  

Q. Did you tell him his age?  

A. Not that I recall, no.  

Thus, the facts and evidence clearly reveal that Tomar Locker did not give detailed information i.e. age-gender-high school to Officer McSwain 15 minutes after the shooting at 1:15pm, while in the Emergency Room being treated for multiple gunshot wounds as police report states.  

Therefore, Officer McSwain's police report should not have contained such detailed information, as the report was written as though the information had been provided directly by the victim Tomar Locker. It is the policy of P.G. County Police Officers to accurately and completely record or otherwise document the conditions, content and conclusions of any interview. The officer shall provide complete and accurate documentation of all information obtained from the witness.  

Now therefore, having removed the unsubstantiated details i.e., age-gender-high school. What remains of Officer McSwain's falsely obtained report is the name James Fowler.  This reflects the truth regarding how Officer McSwain retrieved the name James Fowler.  

In 1994, weeks after Tomar Locker came out of the coma, the Lead Detective in Mr. Fowler's case, Detective Edwin Robertson, went to go speak with Locker about the shooting. Locker cursed at the detective, telling him that it was James Fowler and Arthone "Southeast" Williams who shot him and killed his girlfriend.  

In 1998, four years after Mr. Fowler was convicted of this crime, Tomar Locker was arrested for shooting and killing Rueben "Ratman" Bell in broad daylight at Washington Hospital Center in Washington DC.  When ask why he shot Bell, Locker responded that Bell was the person directly responsible for shooting him and killing two others in the 1994 case Fowler was convicted of.  (Bell was a suspect in the 1994 murder case that Mr. Fowler was convicted of, but Bell was never arrested) 

Upon hearing about Tomar Locker's arrest in 1998, Detective Robertson went to D.C. Homicide Station to speak with locker in regard to the 1994 case that Mr. Fowler was found guilty of. At Mr. Fowler's 2001 Post Conviction Hearing (pg.42), Detective Robertson testified about the 1998 interview that he did with Tomar Locker. 

(questions by Mr. Fowler's attorney)  

Q. Did you confront Mr. Locker about the fact that Mr. Fowler was, in fact, convicted in this case?  

A. Yes  

Q. What did you confront him with?  

A. Basically I told him that Mr. Fowler was doing two life sentences, and I wanted to make sure that we had done the correct thing. Tomar was very upset. As a matter of fact, Tomar blamed me for this.  

Q. And how did he blame you for that?  

A. Well, he blamed me for it, he said "you knew Rueben Bell was involved in the 1994 shooting, and you didn't do anything" 

Now is a very critical piece that sheds light on the falsified police report written by Officer Kevin McSwain 15 mins after the shooting at 1:15pm.  In that, the name James Fowler was not given to Officer McSwain by Tomar Locker but rather his brother Danny Armstead.  Effectively destroying any further doubt about the source of Officer McSwains police report information. That is to say, that in his own words Locker confession uncover the truth. 

In 1998, an interview with Prince George’s County Detective Edwin Robertson (lead detective in Fowler’s case in 1994), Tomar Locker states that Danny Armstead identified the shooters and told Mr. Locker who to identify to the police. Detective Robertson’s note states: “spoke with Sgt Groom about Ruben Bell murder.  Sgt Groom advised that Tomar confessed and also stated, that his brother, Danny, told him that Fowler and Bell killed his girlfriend.  His brother told him that Arthone Williams was not involved.  Hence, Locker names three (3) different names: Fowler, Bell, and Williams.  All of which were given to him by his brother Danny Armstead.  The light of this fact shows clearly that Locker himself, personally, never even saw the person(s) that shot him.   

Detective Robertson should have sensed something wasn’t right when he interviewed Locker in 1998, and Locker confessed that “his brother, Danny told him that Mr. Fowler and Mr. Bell shot him in 1994’.  Detective Robertson should have reopened Mr. Fowler’s case for further investigation because Locker cursed Detective Robertson in 1994 and told him that it was Mr. Fowler and Arthone Williams who shot him.  Now in 1998, Locker is telling this same Detective Robertson that “his brother, Danny, told him” that it was Mr. Fowler and Mr. Bell, not Arthone Williams.  

Furthermore, two (2) years later while on trial for the murder of Rueben Bell, when questioned about the person(s) involved in the shooting.  Tomar Locker admits (Locker trial 2/1/00 pg.31, Line 21) “I didn’t know if “they” was actually involved or not.”  Meaning Fowler and Williams, then goes on to state in pertinent part: (Pg. 89) “he (Danny Armstead) came to the hospital and he sent my mother to the hospital with names to give to police regarding who shot him”....and told me that, you know the only way that these shootings would stop is if you say that this man (Williams), was involved in the shooting...my brother Danny put the burden on my shoulders to identify the person who shot him and Detective Robertson testimony further supports Fowler’s contention. 

Thus, based on the above supporting facts and evidence Locker could not have given the name James Fowler to Officer McSwain 15 mins after the shooting at GSE-ER on April 16, 1994.  As previously stated, the facts and evidence uncover the truth that Tomar Locker never had firsthand information of who committed the shooting April 16, 1994. 

Danny Armstead, the victim Tomar Locker brother was the source of all information between 1:15pm-1:45pm the day of the shooting.  Specifically, this lack on Locker's part is due to the fact, from the time shooting occurred, which was 12:57pm approximately. To the time victims arrived at the hospital ER, 1:05pm and were treated by medical staff 1:10pm-2:00pm.  Tomar Locker never encounter his brother Danny Armstead after the shooting.   

It was made known at Fowler’s trial (volume 2 pg.61), that Danny Armstead was in the shower at the precise moment of the shooting.  Then came outside shortly after the shooting with a gun in his hand but left the scene right before police arrived.  Danny  

Armstead must have made his way to GSE hospital ER, which is only 5 mins away by car.  Once there, his attempts to see his brother Tomar Locker was unsuccessful (due to Locker’s medical condition) and instead, encounter officer McSwain and passed on secondhand information (i.e., the name James Fowler as the shooter) 

In that, Danny Armstead, being in the shower at the precise time of the shooting.  Could only have offered Officer McSwain speculation as to who might have been the shooter.  Officer McSwain, in order to ensure an arrest in what appeared to be a triple homicide, took it upon himself to gather as much information as possible, from whatever source available.  That source between 1:15pm-1:38pm, on April 16, 1994 at GSE ER, was Danny Armstead.  Fabricated evidence led to Fowler being wrongfully identified as a suspect, arrested and convicted; this evidence was legally inadmissible, false, and misleading.   

This evidence substantially weakens Officer McSwain report and testimony.  While bolstering Fowler’s claim and attack on how the name James Fowler ended up on Officer McSwain's police report.  Concluding that any information Officer McSwain obtained from Danny Armstead the day of the shooting between 1:15pm-1:45pm, is secondhand hearsay and inadmissible as evidence.   

Lastly, to further demonstrate that Danny Armstead was the source of information that Officer McSwain penned in his falsified police report.  At 1:38pm, while still at GSE-ER, Officer McSwain dispatched the following information thru 911 radio call log: 1338 MISC 2K2-James Fowler B/M, 20’s DID ATTEND OHHS IS THE SHOOTER “PER MALE AT GSE. 

Both the public and Mr. Fowler are entitled to expect that law enforcement officers maintain conduct that is above reproach, grounded in moral duty, ethical responsibility and integrity.  Any deviation from these standards undermines public trust.  Here, Officer McSwain’s actions specifically relying on non-eyewitness testimony to implicate Mr. Fowler-fell short of these obligations.  Consequently, Mr. Fowler has endured 32 years of continued efforts to obtain justice.