Danmell Ndonye Lied About Hofstra University Gang Rape

To Whom It May Concern:

I am requesting to have my conviction of 1st degree sexual abuse pardoned from my record. I am truly a victim of a corrupt and also convicted police officer in Bardstown, KY.

My name is Omawale Muhammad. My birth name was Brad Lamonte Young. I graduated from Bardstown High School in 1994. I made the decision to go straight into the military. In 1996, on a leave from duty I went back to my home town of Bardstown, KY. My cousin (Tuan Calbert age 18, Black) and I (age 19, Black) were on our way to visit his girlfriend around 1 a.m. During our ride to his girlfriends’ house we saw two people that lived in our neighborhood walking from behind the tree line. It was Jay Maddox (age 17, Black) and Tera Shain (age 16, White). We were all acquainted being that we rode the same school bus. They flagged us down and made it very obvious that they had just had sex behind the tree line. Jay Maddox is Tera Shains’ boyfriends’ first cousin. Tera immediately ran over to the passenger side of the car to talk directly to Tuan Calbert whom she had been making plans to have sex with in the prior weeks. Tera stated that she wanted to have sex with us and would it be possible to give her a ride to her aunt’s house later. We agreed to take her to our neighborhood were we all lived. We were less than a block away from a park that was infamous for sexual interaction among young people. We all had sex with Tera one after the other. Tuan and Jay had sex with Tera twice in the park. We were protected with condoms. We all hung out in the park for a few minutes after we had sex. Tera made a remark to Jay stating “Don’t go back running your month to my boyfriend” which was Jays’ first cousin. Jay replied that his cousin should know what type of girl you are. At this point Tuan and I are ready to go. Jay was in walking distance from were he was staying for the night, so he took off walking. Tera asked me to give her a ride to her aunt’s house and I agreed until she told the location of her aunt’s house. I didn’t think that it was a good idea to take her to an all white neighborhood at that time of night. I told her that I would take her home to our neighborhood. Tera said that she couldn’t go home at that time of night. There was no further discussion. Tera took off walking toward the same direction that Jay had walked off in. Tuan and I drove off to our previously intended destination. This entire event took place on a Friday night.
Sunday morning on Mothers’ day, my mother answers the door and there stands a police officer stating that there is a warrant for my arrest. I had only been home for almost four days. My mom asked what was the warrant for and the police officer replied “Rape in the first degree” (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory: (a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or (b) Kidnaps the victim; or (c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or (d) Feloniously enters into the building or vehicle where the victim is situated. (2) Rape in the first degree is a class A felony. I was in disbelief asking who I raped. He didn’t answer and put handcuffs on me and took me to the county jail. Jay, Tuan, and I were charged with First degree rape. We were incarcerated for nearly nine months with the thought that I was going to receive 20 years in prison for rape and Tuan and Jay 40 years in prison for rape because they had sex with her twice. During our time in jail it was very stressful. There was not any evidence of rape from the rape kit that the investigating officer Chris Jackson had performed. Officer Chris Jackson is a corrupt convicted police officer himself who received 5 years of probation for corruption and all of his investigating cases were dismissed except ours. During our stay in the county jail for rape with a $250,000 full cash bond, Tera Shain recanted her story about being raped on the night that she was unaccounted for by her loved ones. Instead of dismissing the case, the prosecutors offer Jay, Tuan and I a plea agreement that reduced our 20 and 40 year first degree rape sentences to first degree sexual abuse and 5 years probation with immediate release from jail that same day. A person shall be imprisoned for any term of years or for life, and in addition, may be fined in an amount not to exceed $250,000, if that person engages in or causes another person to engage in or submit to a sexual act in the following manner: By using force against that other person; By threatening or placing that other person in reasonable fear that any person will be subjected to death, bodily injury, or kidnapping; After rendering that other person unconscious; or After administering to that other person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that other person to appraise or control his or her conduct.
As teen-agers we didn’t understand what being a registered sex offender actually meant. We didn’t care. We understood that if we signed that paper, we were going home that day and that was all that mattered. As an adult, I remember my attorney advising me not to take the plea agreement because it would haunt me for the rest of my life and that the prosecution doesn’t have a case that’s why they came with an amended charge that would seem so enticing to us.
We were released that day and I lost my career in the military and couldn’t find employment because of my felony conviction. I turned to selling drugs, which was a brief career choice being that I didn’t know what I was involved in was indicted again for trafficking a controlled substance three months after being released. I serve 38 months in prison which completed my 5 year sentence. I got out of prison August 1, 2002. I enrolled at Louisville Technical Institute January 2003 and earned an associate degree in applied science by December 2004. I launched Visions of Design an interior design company that was doing fairly well. I decided to continue my education and earned a Bachelors degree in Business Administration by December 2007. I was employed by Sullivan University from December 2006 until March 24, 2008. I was discharged after an unorthodox background check. I received two promotions within four months and it threatened certain people in the organization that knew I had the qualifications and knowledge to soon replace them.
This wrongful conviction has hindered my ability to attain employment. It makes me appear to be a very growtess individual which is far from my true character. I am now on a mission to clear my name and get compensation for the intentional tort and injustice served to me. Tera Shain, the alleged victim told a horrible lie just to keep from being punished by her parents for not staying at her aunt’s house like she was suppose to.

This injustice is the reason that I can’t gain full employment with all my education and work experience. It also causes me to get denied housing once renters find out that I’m on this sex offender registry. I have a child that I can’t provide for. I spent time in prison for a crime that I did not commit. I want my case to be reviewed because my age and misunderstanding of the plea agreement that I signed was strongly influenced by my inability to interpret the conviction. I believe that it is just the same as being under the influence of a drug or alcohol at the time of the plea agreement. I have had my civil rights restored, but it is ineffective when I can’t work or live in communities that see me as a registered sex offender.

Any questions call me at 502.365.6244 or email: oam@insightbb.com

Sincerely,

Omawale Muhammad