4/3/2019 Petition · President of the United States, Texas State Senate, U.S.

· President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison! · Change.org

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Petition Closed

Free an innocent man from prison!

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4/3/2019 Petition · President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison! · Change.org

This petition had 133 supporters

Andy Anderson started this petition to President of the United States and 2 others

The Story of a life time 

Innocent man gets 30 years, Herbert (Andy) Anderson was on the Board of a number of charities, received awards from the President, Blessings from the Pope,
Key to the city, Presidential Businessman of the year award and the list goes on. 

This is a true story, and sadly it can happen to you. Anderson not one of many inmates that think this time they got a raw deal. Anderson has never been
convicted of a crime, yet on his first offence he received a 30 year sentence. He has a number of accolades under his belt, form Building orphanages in the
Ukraine and China to working with under privileged children here in the U.S. This story is just one of many that the system has swept under the rug. You see it
almost every day when someone is sent home after 10 - 20 - 30 years in prison for something they did not do! Out of the thousands of people accused of a
federal crime about 95.6 % take a plea deal, The 4.4 % that go to trial 98.2 % of them are convicted "guilty or not" that would give you a .08 % chance of
winning your case. That is only a small part of his story, please take a few minutes of your time and read free-andy.com. The war on drugs has failed.  Now the
Government is putting innocent people in prison for decades and the facts speak for them self. 

Herbert (Andy) Anderson 

Business owner - Father - Son - philanthropist - UFC Contender - Board member of countless children's charity's the list goes on. One night Anderson and his
family was woken up by more than 30 officers of law enforcement after his home was completely torn up, his family handcuffed and put on the yard for 5 hours.
He asked what they are looking for, Drugs/Meth a DEA officer tells him. Nothing was found!! Anderson was taken to jail with no evidence of any wrong doing,
charged with drug conspiracy and Money Laundering, The first thing his attorney said to him was “My name is Kirk Letchenburger they want your Money”,
After trial The AUSA (Assistant United States Attorney) Frederick Schattman was accused of having two codefendants (Steve Adams an Ferrell Coleman)
testify falsely against Anderson, when two other men sent the judge letters telling him what they had witnessed, The judge ordered an investigation on (March
11 2011) But Schattman was allowed to do his own investigation on himself. After a number of FOIA request Anderson received 6 pages of the investigation the
Government withheld 36 others. When Anderson filed for Discovery along with his 2255, the Government was going to allow Anderson an in Camera view of
this information, but the Judge denied it.

Some other points of interest:

(1) Motion for downward Departure: The DEA agent Brown even testified that he had no evidence that Mr. Anderson was dealing, using or possessing
controlled substance. 
(2) Motion and request for stay of Forfeiture: Mr. Anderson's Conviction could be reversed or that, in light of the testimony of agent Kevin Brown that there was
no evidence to link Mr. Anderson with any drug usage, selling, Manufacturing, that as to Anderson might not be appropriate. 
(3) The DEA Agent Brown Testified in a Grand Jury hearing that Anderson had sent and received a number of text to and from Gerry that were duplicated and
code for drugs, later at trial Brown admitted that he had made a MISTAKE in his interpretation and that the texts in question were not duplicated and were not
code for drugs contrary to his sworn testimony at the grand jury that got Anderson inedited in the first place. The texts were the only evidence against Anderson
and they were not his, he was accused and wrongfully convicted. 
(4) The Government used 89 text messages against Anderson at trial, but when compared to the AT&T phone bill of Anderson some 8 months after trial, you
can see that 49 out of 89 texts did not take place they were fabricated by the Government. This is not conjecture this is a fact, Anderson had his attorney build a
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chart 3' x 6' it is shown in Andersons 2255. 
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4/3/2019 Petition · President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison! · Change.org

(5) The Court reporter died before she transcribed the transcripts, two other court reporters worked on it, Anderson found a number of differences in the
transcription. Anderson ask for a Hearing on the reliability of the trial transcripts, and Anderson has 16 people that filled out affidavits that remembered
differences in what they heard at trail, also more telling Andersons Attorney (Kirk Letchenburger) also remembered at least four differences in what was said.
His attorney himself filled out an affidavit of fact in doing this; if he lied he could have lost his license to practices law.
(A) During closing arguments on guilt / Innocence the AUSA shouted, (ANDY IS GUILTY) five times.
(B) Task Agent Kevin Brown stated. "As far as we are concerned at the DEA are Mr. Anderson had nothing to do with drugs" 
(C) IRS agent De La Santos stated. "I cannot Prove or Disprove Mr. Anderson has ever Laundered money" During cross. 
(D) Task Force Agent Brown said several times that I (Agent Brown) Made a Mistake in the interpretation of the text messages. Additionally, at least one time
he added. "My staff was not familiar with the equipment, my staff was not well trained in the use of the equipment" 

After the hearing the judge handed down his ruling and in it he stated on (AUG 31 2011) The court finds that the witnesses either were INTENTIONALLY
TESTIFYING FALSELY or miss interpreted or miss understood what they heard during the district court proceedings. These were people from all walks of life
from attorneys to Doctors and the judge said that they were all testifying falsely. 

(6) This is not the first time judge McBryde and his court reporter had been accused of altering the trial transcripts see (The simkanin case) or look up when
Judge McBryde he was suspended from setting on the bench for one year because of the way he treated people on both sides of the isle. See (Dallas Observer
1997) You can also look at a study done by Syracuse University called TRAC a first of its kind 5 year study on all the district judges and out of all the judges in
the study judge John McBryde gives an average of 100 months more than any other judge in the U.S. See (Dallas Morning news 3/10/2012) 

(7) In a Rule 33 Motion it reads this is not the law. There was absolutely no evidence presented by the government that defendant Anderson had anything to do
with the sale or distribution of methamphetamine or involvement with any conspiracy. 

(8) Anderson passed two Polygraph's, one was taken by (Joe D. Morris) in short passing a poly is on a score from -20 to +20 passing is a +6, Anderson passed
his test with a +14, In a private hearing the jury was not privy to, the examiner Mr. Morris was ask how good is a +14 (I have been doing this for over 20 years
and I think 6 or 7 people have scored that high , Question: what does that tell you , Answer: That tells me that Mr. Anderson has nothing to do with drugs or this
conspiracy.) 
The next one was from (Texas Polygraph Counselors) Who said I had to give Mr. Anderson the test two times because he passed so high the first time I had to
recalibrate my testing equipment and the next time I administered the test he passed higher than the first time, Mr. Anderson told the truth he had nothing to do
with this or any drug conspiracy. 

(9) Mr. Gerry’s home was under surveillance it was memorialized in the DEA 6 reports that said on ( June 11th ) Anderson was seen at Gerry home at 1:30 Pm
till 4:27 pm Anderson left Gerry's home and arrived at his home at 4:50 pm. This was in the Governments' response to Andersons Direct appeal in the very next
paragraph it reads at 2:50 pm Gerry sends Anderson a text that reads ( I'm here Got Tango Blast ) The reason we point this out is if Anderson was at
Gerry's from 1:30 to 4:27 why would Gerry text Anderson ? Later in a Government response to Andersons 2255 they say 

((((Anderson also alleges that several text messages on June 11th reveal a conflict about whether Gerry and Anderson were together when The messages were
exchanged (Mem ,at 34-61) The Government agrees that if it should have clarified Agent Robinsons testimony about Andersons Location between 1:30
pm (When Anderson's BMW was at Gerry's home) and 4:27pm (when Robinson was ask to describe what surveillance agent's observed) nevertheless , it can
reasonably be disputed based on what had apparently occurred on June 10th and June 11th and what planned for later to remedy the mix-up with the Cruz
Brothers- (THE TWO MEN WERE NOT TOGETHER) and the text message exchange was accurately described))) 

At this point the government is picking what version of the Lie to use. When you look at Anderson’s phone bill you can see that the phone bill is accurate this is
fact not conjecture and that Anderson had not sent or received a text from Gerry. The point here is only the Government implicates Anderson and when looking
at the facts the Government is the one that is not being truthful.  It now tries to make us believe that its own surveillance is not correct. By looking at Andersons
AT & T Phone bill you can Cleary see that these 49 out of 89 texts are nothing more than a fabrication by the Government, yet when Anderson points this out in
his 2255 the judge turns a blind eye to the truth! 

(10) Anderson was accused of being at Gerry's home and translating a drug deal for Gerry and Alfrado Medina, Andersons Attorney did not call Medina to the
stand, if he did he would have heard from Medina himself that (I don't know Anderson I never met him and have never used a translator) Because that is what
Medina's affidavit reads. The DEA also say that Gerry's wife Ms. Nance was at the meeting. Ms. Nance also singed an affidavit that reads Anderson had nothing
to do with Gerry's drugs and Anderson was not at the house on June 5th. Steve Adams who testified that Anderson was translating the drug deal also signed an
affidavit that he did lie on the stand for a lesser sentence. Adams is one of two people that AUSA Schattman was accused carousing in to testifying falsely, Gerry
in his DEA 6 also said that Anderson had nothing to do with his drug dealing yet none of this was brought out till after trial. 

In conclusion if you would like to read the whole story please go to free-andy.com and see just how this happened but please sign this petition to ask for Andy
Andersons freedom from a 30 year sentence that he is clearly not guilty of. This petition will be sent to The President of the United States, Texas State Senate,
and The U.S. Attorney.

“If not you then who, if not now than when, please sign our petition”

Updates
1. Update

An Update Anderson has won his case in part (1) That his trial and appellate Attorney were found ineffective (2) That the Gov. knowingly used Fabricated
martial evidence against Anderson at trial. Then after Anderso...

Update

An Update Anderson has won his case in part (1) That his trial and appellate Attorney were found ineffective (2) That the Gov. knowingly used Fabricated
martial evidence against Anderson at trial. Then after Anderson was waiting for a response from the Gov. He and his Attorney received a letter from the
guy that testified falsely against him (Retracting) everything he said at trial he said (It was a LIE the AUSA Assistant United States Attorney gave him the
story to use and coached him on what to say) Now the Gov. has till the 23 ed of April , To respond this dose not mean Anderson just walks out , There is
still a process that must be Followed (A) Maybe a new trial (B) Maybe a plea deal (C) Reversal and automatic release.

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4/3/2019 Petition · President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison! · Change.org

Andy Anderson
3 years ago

2. An update of Anderson's case:

At this point he is awaiting a response from the 5th Cir. on his COA (Certificate of Appeal ability) Judge McBryde has turned a blind eye to the truth that
Anderson has affidavits from Co-defendants that exonerate him...

An update of Anderson's case:

At this point he is awaiting a response from the 5th Cir. on his COA (Certificate of Appeal ability) Judge McBryde has turned a blind eye to the truth that
Anderson has affidavits from Co-defendants that exonerate him and even defendants that testified against him that have recanted there statements as well
as affidavits from people that have nothing to do with the case and witnessed Adams and Coleman come up with there own story's about Anderson to get a
time cut, sending letters to the judge are not enough to move judge McBryde to tell the truth, Now Anderson's fate rests in the hands of the 5th Cir. More
to come

Andy Anderson
3 years ago
3. 4 years ago
100 supporters
4. 4 years ago
Andy Anderson started this petition

Reasons for signing

Tammie Wiggins·3 years ago

I believe he didn't do it.

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4/3/2019 Petition · President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison! · Change.org

Katrina Reese·3 years ago

Andy is innocent. I have known him for most of my life, traveled with him various places and never seen him do anything close to what he is accused of.

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and 132 supporters today.

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Today: Andy is counting on you

Andy Anderson needs your help with “President of the United States, Texas State Senate, U.S. Attorney: Free an innocent man from prison!”. Join Andy
and 132 supporters today.

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