Wrongfully Convicted: The Joseph Cua Story
I have been incarcerated for 19 years for a crime I did not commit.
The staggering statistics of wrongful convictions in the U.S., estimated at 4-6% of the incarcerated population, unveil a deeply entrenched issue in our justice system. The constitutional violations I've experienced are not unique; they reflect a nationwide crisis, with countless others enduring similar injustices in courts across the country.
During my years of incarceration, dozens of inmates have told me about their trials, saying things like: "I was railroaded"; " The DA was a crook"; "The trial was a sham." Yet, most of these claims couldn't be substantiated. However, I had a sense that a few of these men for one reason or another, had truly been innocent of the crimes for which they charged, hence, wrongly convicted.
It's been estimated that about 4-6% of the prison population in the U.S. should not have been convicted and imprisoned. The following is just one of these stories. I will present the facts about my arrest and trial, and allow you to formulate your opinion on the case. If the constitutional violations presented happened to me, they've also happened to countless others in hundreds of courts across the country.
In the 1600's french philosopher, Rene Descartes wrote, "In order to know anything with certainty, we must first question that which we deem to know." Unfortunately, people are generally apathetic towards issues that don't personally affect them. But in recent years because of extensive media exposure, there's been a trend in our society to instigate thinking that won't accept the status quo, reaching a level of consciousness that's strong enough to instigate change. Even so, it took years of seeing countess acts of police brutality to enact legislation and policy changes to prevent such acts without consequences.
My purpose is to attack the criminal justice system from another angle by calling attention to systemic flaws in the judicial system, beginning with the state courts where the violation of defendants' constitutional rights have been prevalent for so long that it has become the accepted paradigm. District attorneys and police agencies are more focused on obtaining convictions than seeking the truth in the interest of justice, the onus placed upon them when appointed to their positions.
My name is Joseph Cua, and I was convicted in 2008 for the murder of my friends, Fernand and Suzanne Wagner, with special circumstances for using a knife. From day one I have maintained my innocence, but have now spent 17 years without my freedom for a crime I did not commit. I was arrested in spite of a warrant claiming injuries I didn't have; bloody fingerprint and shoe prints pointed to a 3rd party; a plethora of DNA evidence belonged to an unknown 3rd party, including on the Suzanne's breast and under her nails; and no evidence proving means and opportunity. I now possess the perspicacity of how it happened, and feel compelled to tell my story. I will offer facts and documentation and allow the reader to make his own conclusions. I will also offer insight into who I am both before and after my incarceration and discuss people in my life who profoundly influenced me and how this story played out.
The Anatomy of a Wrongful Conviction
An illegal arrest
Arrested under false pretenses with uncorroborated claims of injuries, I faced a twisted legal battle where even my lawyer failed to challenge the illegitimate warrants or suppress illegal evidence. My Kafkaesque nightmare unwinds, revealing the dubious role of my ex-family, and a manipulated narrative that disregarded the actual events and testimonies. Read more
Prosecutor’s case theory
ADA Gallagher theorized I committed a murder disguising it as a sex crime, then fled to Southern CA via a longer route to dispose of evidence, all after a 9:30 AM call. Read more
Ignored exculpatory evidence & perjury
In my trial, the burden of proof seemed misplaced as the prosecutor strived to pin the crime on me, despite glaring inconsistencies and lack of concrete evidence. They couldn’t definitively place me at the crime scene, failed to connect me to any weapon used, and left the time of death ambiguous. Exculpatory evidence was presented, highlighting an unknown third party’s involvement, evident from a bloody fingerprint, mismatched shoe prints, and unfamiliar DNA at various crime scene locations. The prosecutor’s reliance on discredited testimony and a flawed timeline further weakened their case. Meanwhile, my physical condition—with no bruises or injuries—contradicted the expected aftermath of a violent altercation. The jury, misinterpreting their instructions, wrongfully convicted me despite the overwhelming reasonable doubt and numerous constitutional violations during the trial. Read more
Prosecutorial misconduct
The prosecution unjustly suppressed vital evidence in my case, violating my right to due process. Despite securing a discovery order, I was unable to access the Aronis caller ID investigation or the Chagniot voicemail, which could have corroborated key testimonies in my favor. Additionally, evidence such as a hair found under Fernand’s fingernail and undisclosed vaginal swab results were blatantly ignored, despite their potential to reveal the truth and significantly impact the trial’s outcome. Read more
Brady violation
The suppression of key evidence in my case, including the Aronis caller ID investigation and the alleged Chagniot voicemail, constitutes a violation of my right to due process. Despite obtaining a court order for post-conviction discovery, crucial items like these remain inaccessible. Additionally, overlooked details in the police reports, such as the location of a hair found on the victim and undisclosed DNA analysis, further suggest a neglect of potentially exonerating evidence. This raises serious questions about the fairness of the investigation and the integrity of my trial. Read more
Misconduct during summation
In my trial, the prosecutor made unfounded claims in his closing arguments, including false observations about evidence and misleading statements about the crime scene, which prejudiced the jury. This overreach, combined with the DA's early media revelations, swayed public opinion and potential witnesses, unfairly tilting the case against me. Read more
Ineffective assistance of counsel
My trial attorney, Ed Pomeroy, had the capability to challenge the prosecution's case but failed to act. He overlooked opportunities to question the credibility of Det. Aronis and Phillipe Chagniot and did not contest their unreliable testimonies. Pomeroy also missed crucial inconsistencies in the evidence, such as the questionable blood spot evidence. His silence allowed the prosecution to present a skewed narrative. This lack of vigorous defense, a right guaranteed by the constitution, significantly undermined my case in a system where effective legal representation is critical yet paradoxically aligned with the prosecuting body. Read more
Motion for a new trial
My trial counsel had grounds to request a new trial due to prosecutorial misconduct, legal errors by the court, and a verdict contradicting the evidence, as per P.C. 1181(5) and 1181(6). However, such a motion could highlight his own shortcomings, potentially leading to civil litigation. His failure to act, despite the presence of exculpatory evidence and the prosecutor's misconduct, was detrimental. A fair trial was unattainable under these circumstances, and a retrial would likely have been declined by the prosecution due to insufficient evidence and the exposure of prosecutorial misdeeds. Read more
The trials & tribulations of post-conviction relief
After my conviction, I was entitled to case discovery, which I received in 2011. However, cooperation from the DA was lacking, and my attorney took over three years to provide essential documents, hindering my ability to file timely appeals.
In 2012, I filed a writ of habeas corpus, but faced a disconcerting lack of response from the courts. My petition was eventually denied without proper consideration, a fact I learned 15 months later, affecting the timeliness of my subsequent appeals. During this process, my direct appeal was weakened by my attorney’s ineffective assistance, leading to the dismissal of important claims.
Continuing to fight for justice, I filed a Petition for Certiorari in the U.S. Supreme Court in October 2023. Despite presenting evidence of innocence and violations of my constitutional rights, my efforts were repeatedly hindered by procedural barriers. In 2015, my petition for a writ of habeas corpus was denied by the U.S. District Court due to alleged untimeliness, disregarding exceptions that should have permitted a proper review of my claims.
Efforts to challenge these rulings and introduce new evidence were met with judicial bias and procedural hindrances. Additionally, my complaints against individuals involved in my trial for perjury and misconduct were ignored, further indicating the system's reluctance to self-scrutinize.
This journey through various legal stages, from post-conviction discovery to appeals and a petition to the Supreme Court, reflects the daunting challenges faced by individuals within the legal system, especially when confronting procedural and institutional obstacles. Read more