#SendEarnestHome: Tell the Nebraska Board of Pardons to bring an innocent Black man home.

#SendEarnestHome: Tell the Nebraska Board of Pardons to bring an innocent Black man home.

Started
June 16, 2020
Petition to
State of Nebraska Board of Pardons
Signatures: 62,716Next Goal: 75,000
Support now

Why this petition matters

Started by Tracy Jackson

In 2000, a jury found Earnest Jackson guilty of the first-degree murder of Larry Perry. Jackson was 17 years old at the time of the crime and the court sentenced him to life imprisonment for the murder conviction. Jackson’s conviction rested on the testimony of a sole eyewitness. Although Jackson had an alibi, that he was at his aunt’s house the night in question, Elexsis Fulton testified that Jackson was at the scene and participated in the murder of Perry. The identifying facts were slim: a man who was “dark-skinned with braided hair” and a blue “FUBU” brand shirt.” Fulton also testified that Jackson had pulled out a gun and struck the victim in the head three times with it. This was a blatant inconsistency with the autopsy report of Perry. When Dr. Jerry Jones, the medical examiner, performed the autopsy, he reported that while Perry died from multiple gunshots, there were no abrasions on the victim’s head or scalp that were consistent with being struck in the head three times with a gun. Despite the inconsistencies in Fulton’s testimony, Jackson was convicted by a mostly white jury with a sole Black juror. Conversely, Jackson was acquitted of a deadly weapons charge.

Co-defendants Cooperrider and Chillous were tried in separate, subsequent trials. With his trial occurring after Earnest’s, Cooperrider admitted to the murder of Perry and was acquitted on self-defense grounds. Cooperrider testified that he was present at the scene, that he fired his handgun several times in self-defense, and that neither Jackson nor Chillous were at the scene. He maintained this testimony both at his own trial, and Chillous’s trial - when Chillous was also acquitted. For Jackson, it was too late. Jackson would have been acquitted had he went to trial after Cooperrider's trial, just as Chillous had been acquitted. However, Jackson remained convicted and incarcerated even after Cooperrider confessed.

Subsequent appeals that were denied, Jackson was still convicted for a crime that he did not commit. Under a new SCOTUS decision, Miller v. Alabama, Jackson required resentencing because the SCOTUS decision barred life terms for minors convicted of homicide. In a devastating blow, Jackson was resentenced to 60-80 years. During the course of resentencing, the judge commented that it wasn't his job to act at the pardons board and assess the facts of Earnest’s conviction. However - not all District Court judges took this approach in this wave of resentencing proceedings in Nebraska at the time.

In 2017, Earnest exhausted his last appeal due to a narrow reading of how Cooperrider’s testimony and confession does not qualify as “new evidence” to grant Jackson a new trial. 

Nebraska Legislature FAILS to pass bill for Earnest - TWICE.  

In January 2021, a legislative push to retry Earnest’s case was led by Nebraska state senator Justin Wayne. Sen. Wayne filed LB 28 - a bill that would change Nebraska law on when a new trial is granted to someone who was already convicted of a crime but believes they need to be retried because of either a development in their case or a defect in the original trial.

This bill would have given Earnest a chance at a new trial. In short: LB 28 would have made it possible for Earnest to ask for a new trial so that a jury could consider Cooperrider’s confession to killing Perry. Current law does not allow 

Sadly, getting LB 28 passed hasn’t been easy

  • In 2021, LB 28 failed by merely one vote in the Nebraska legislature. Simply put, the measure couldn’t get enough votes.
  • In 2022, LB 28 did not even receive a committee hearing and therefore died without any discussion by lawmakers.

 

 

 

!! UPDATE!!: Earnest’s Commutation Request Denied by Pardons Board

Following two failed attempts to pass a law allowing Earnest to appeal for a new trial, his commutation request from November 2020 was finally set for a hearing - two years later

On Sept. 19th, 2022, the Nebraska Board of Pardons denied commuting Earnest’s sentence without taking testimony from Jackson's attorney and the son of Larry Perry, the only child of the shooting victim in Earnest’s case. Larry’s son drafted a heartfelt letter asking the Board to commute Earnest’s sentence in order for him to finally have closure regarding his father’s death.

Many supporters from Nebraska and beyond, including Sister Helen Prejean, registered their support for Earnest’s freedom. Even after tens of thousands of letters and signatures were sent to the Board - all three Board Members voted against Earnest. One of the reasons provided for the denial was based on an incorrect interpretation of Earnest’s disciplinary record. We believe that Earnest’s accomplishments and impact were not valued to the extent they should have been.

What’s Next

We need YOUR help in calling for the passage of a bill on Earnest’s behalf starting next January of 2023. Until then, please keep sharing Earnest’s story until we #SendEarnestHome.

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Earnest & I have been married for almost 6 years. Earnest is 41 years old and he deserves to have a real-life with his wife & his family that has stood by his side during his incarceration. We ask that you support our efforts and get his case the publicity it needs to get him released sooner than 2029.

Please share & sign this petition, be a voice for Earnest and our family lets get him the justice that he so rightfully deserves that the Nebraska Criminal Justice System failed to do for him and so many others.

Thank you in advance for your support.

Mrs. Earnest D. Jackson, (Tracy Jackson) & Family

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Signatures: 62,716Next Goal: 75,000
Support now
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Decision Makers

  • State of Nebraska Board of Pardons