STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE PEOPLE OF THE STATE OF MICHIGAN, Plaintiff Hon. Vonda R. Evans No, 01-3829-FC MUBAREZ SALEH AHMED, Defendant igan Innocence Clinie University of Michigan Law School David A. Moran (P45353) Ian J. Syed (P75415) Rebecca L. Hahn (P80555) Carolina Velarde (Student Attomey) Sara Stapper (Student Attomey) ATTORNEYS FOR DEFENDANT 701 S. State St. ‘Ann Atbor, M1 48108 (734) 763.9383,INTRODUCTION Defendant Mubarez Ahmed, by hs atforeys and student attorneys ofthe Michigan Innocence Clinic atthe University of Michigan Law School, asks that this Court set aside his conviction and order ‘new tral, pursuant to MCR 6.500 et seg, and states the following: Mr, Almmed has spent 15 years in prison fora second-degree murder conviction for the February 9, 2001 shooting deaths of Lavelle Griffin and LaTenya White ‘Afiera jury trial inthe Wayne County Circuit Cour, presided over by the Hon. Vonda R. Evans, No, 01-3529-FC, Mr. Alimed was convicted on March 5, 2002 of two counts of second-degree ‘murder and two counts of felony firearms. (On March 25, 2002, this Court sentenced Mr. Ahmed to 44-60 years imprisonment, He is serving. that sentence atthe Ionia Corretionel Facility in lonia, Michigan, He will rst be eligible for parole on February 13, 2045, ‘Mr. Ahmed appealed by right, and the Michigan Court of Appeals affirmed his convietion on October 14, 2003. People v Ahmed, (No. 242183) (Mich App Oct 14, 2003). The Michigan ‘Supreme Court denied his application for leave to appeal on June 10, 2004. People v Aimed, 470 ‘Mich 873; 687 NW2d 292 (2004), ‘Mr. Ahmed filed one pro se motion for reli fom judgment on May 23, 2005. He amended that ‘motion on August 8, 2005. This Court denied that motion on September 1, 2005. Me. Ahmed filed a petition for a writ of habeas corpus inthe Eastem District of Michigan, which ‘was denied in 2008. Aimed v Wolfenbarger, No 2:06-14106 (ED Mich Dee 9, 2008). Me, Ahmed was represented during preliminary matters and at tril by Mare Hart, and was represented on direct appeal by Linda Ashford. Joan Ellerbusch Morgan represented Mr. Ahmed forhis federal habeas petition10. All ofthe issues in Mr. Ahmed!'s Motion for Relief from Judgment are being presented for the first time today. These claims could have not been raised previously because they are based on new evidence that was not yet discovered when Mr. Ahmed filed his prior motion in 2005, ‘Therefore, this Court may consider these claims. MCR 6.502(G)(2). FACTUAL BACKGROUND AND NEWLY DISCOVERED EVIDENCE Inthe arty afternoon on February 9, 2001, Lavelle Griffin and LaTanya White were shot and ill i ther ear a the intersection of Kirkwood and Lumley Streets in Detroit. Based on an anonymous tip that identified the shooter by a nickname, the Detoit Police focused {heir investigation entirely on Mr. Ahmed, Police didnot investigate eltemate suspects named by frends and family members ofthe vietims during police interviews, suchas Roderick Tolbert, (also known a5 “Lite Jay"). One witness who knew Mr. Griffin, Shemeka Bryant, tol police immediately afer the shooting that she strongly suspected Lite Jay commited the king Sergeant Emest Wilson, an officer inthe homicide division of the Detroit Police Department and the officer in charge of the investigation, showed Izora Clark,' an eyewitness to the shooting, a photo of Mr. Ahmed and told er thet Me. Ahmed was ikely the shooter. Ms. Clark subsequently identified Mr. Ahmed in a police lineup after Mr. Ahmed had been areste. Before tril, Mr. Ahmed moved to suppress this identification onthe ground that he hed been arrested without probable cause and thatthe identification was fut ofthe illegal ares. Sergeant Wilson testified during an evidentiary hearing on Mr. Ahmed's motion to suppres, held before is Court on January 3, 2002, He testified about Ms. Clark's description ofthe shooter, the anonymous tip, and that Mr, Ahmed’s alleged girlfriend, Julie Wheeler, drove a car that matched the description of the car used by the shooter. Wilson also testified that this red ear " AC the time ofthe shooting, Izora Clark was known as lzora Woods,