The Story of the Yellow Ribbon
Introduction to Jeff's
Case
"You can't try a dead man" said the judge - as it if was Jeff's fault that the man who confessed to friends his guilt, took his own life 2 years after Jeff's conviction. Jeff Howard was convicted of the murder of his roommate, Duane McCormick, more than seventeen years ago. Pete Farley, the key witness at the trial, committed suicide in 1983. Affidavits were collected in 1984-1987, from Pete's friends who came forward with information that Pete had told them he had killed a man and sent another man to prison for it. Since then, all but one of these witnesses have died.
Shortly before Pete's suicide, one of his sons overheard a conversation his father had where he confessed that he had killed a man and sent another man to prison for it. This son came forward after his father's death and spoke with Jeff's attorney, but she did not take any action. This same public defender, who was handling Jeff's application for a writ of habeas corpus at the time, and had collected all of this information, decided not to file the habeas (even though it was not her decision to make).
Since then, Jeff tried to get people interested in his case, but worked alone from the inside of his prison cell. In 1993, others became involved in his case and an application for a new writ of habeas corpus was filed. Witnesses were found and interviewed that were not present at the original trial.
The day finally came for the habeas hearing - June 18, 1996 - thirteen years after the initial application! The judge would not hear anything having to do with "dead guys" (his words), so none of the new information or testimony regarding any of the affidavits, nor testimony from witnesses about Pete Farley, or his son, would be heard by the judge. The writ was denied on the spot - as if it had already been decided before the hearing.While "you can't try a dead man," all of the new information received after the original trial, points away from Jeff having done this crime. It is not Jeff's fault that Pete Farley took his own life (quite possibly because he could not live with what he had done!); it is not Jeff's fault that the other witnesses have died; The state claims they are prejudiced because of the time that has elapsed! Jeff is the one one who is prejudiced against - it was not his fault the ball was dropped so many times and so many years have passed...yet Jeff is still sitting in prison after almost 17 years, for a crime he didn't do! At the trial, he was convicted without any solid evidence, and mainly on the testimony of the state's key witness, Pete Farley, a man with a rap sheet "a mile long." Jeff's attorney did not call any witnesses on his behalf. The prosecutor zealously prosecuted Jeff without gathering evidence or looking for other suspects!
Jeff has already served more than 24 years of a life sentence. In South Dakota, life means until you die. Unless he is granted clemency by the Governor of the State of South Dakota, he will spend the rest of his life behind bars for a crime he did not do!
Please read the information and see for yourself what can happen in a country where you are supposed to be innocent until proven guilty, where prosecutors are supposed to be more concerned with solving a crime than in convicting a certain person, and where our rights to a fair trial are supposed to be guaranteed by the Constitution of the United States of America!
Jeff's favorite Bible verse (well, one of them) ...and how he copes with the injustice:
"...for I have learned in whatever state I am, to be content: I know how to be abased, and I know how to abound. Everywhere and in all things I have learned both to be full and to be hungry, both to abound and to suffer need. I can do all things through Christ who strengthens me." Phillipians 4:11b-13