I want to give some background to this. This could happen to any of us and this legislation is important to prevent further injustices and begin the restitution process for Earnest and others in his situation.

#FreeEarnestJackson #SendEarnestHome
THREAD ▬↓↓↓▬ https://twitter.com/JustinTWayne/status/1351597568048975875

Earnest Jackson, Shalamar Cooperrider, and Dante Chillous were tried for murder in 1999 when Lance Perry was shot and killed after an argument. They were each tried separately, and Earnest's case came up first. Earnest has maintained his innocence that he wasn't there at all.

Cooperrider used his 5th amendment right to not testify at Earnest's trial. Earnest was convicted of murder, but not use of a deadly weapon meaning the jury charged him as an accomplice.

Next, Cooperrider's trial. He testifies that he shot Perry in self defense and also that there was mistaken identity, Earnest and Chillous weren't there. Both juries agree and Cooperrider and Chillous are acquitted.

Earnest Jackson is currently sitting in prison as an accomplice to a 'murder' that was deemed to be a self defense shooting at the shooters' trial.

HERE'S WHERE THE BILL COMES IN

In the Nebraska Supreme Court appeal, the judges decided that Cooperrider's testimony that would have exonerated Earnest was "newly available, not newly discovered" and he was not granted a retrial. This bill will fix that.

The new language in the bill... "For purposes of this subdivision, newly discovered evidence includes testimony or evidence from a witness who previously asserted a testimonial or constitutional privilege and refused to testify or produce evidence in a prior proceeding;"

It kills me that Earnest has spent nearly 22 years in prison because someone used their constitutional rights to protect themselves until their own trial, and the courts won't hear it. If Earnest's case number was a number higher and came after Cooperrider, he'd be at home today.

CALL TO ACTION: Write to the Judiciary Committee [email protected] in support of LB 28 to get it to the floor as fast as possible.
Earnest is living a nightmare, being convicted to life at 17 for a crime he didn't do. We all need to do our part to give him the chance we all deserve