About Indictment
Francis v. Franklin
Due process requires the government to prove every element of a criminal offense beyond a reasonable doubt.
Unites States v. Gipson
The unanimity rule requires jurors to be in substantial agreement as to just what the defendant did. Thus, requiring the vote of twelve (12) jurors to convict a defendant does little to insure that his Sixth Amendment right to unanimous is protected unless this prerequisite of jury consensus as to the defendant’s course of actions is also required.
(52) OVERT ACTS LISTED IN THE INDICTMENT AGAINST JESSE BROOKS
JESSE BROOKS IS NAMED IN ONLY (4) ACTS
#6 Jesse Brooks and Michael Benton traveled to Jack Reid’s home with a “mag” flashlight
and a baseball bat to use as weapons: and/or
#9 Jesse Brooks contacted Michael Benton to assist in the plan to kill Jack Reid, Sr.; and/or
#10 John Brooks, Jesse Brooks and Joseph Vrooman held a meeting in Las Vegas to discuss details of the plan to kill Jack Reid Sr.; and/or
#49 Jesse Brooks paid Joseph Vrooman a sum of money; and/or
The Real Story Behind Each Act
#6 Jesse Brooks and Michael Benton traveled to Jack Reid’s home with a “mag” flashlight and a baseball bat to use as weapons: and/or
TRUTH
Michael Benton, who was facing the death penalty, is the only person to make this claim. According to every relevant witness at trial: Andrew Carter, Laura Eori, Officer Scott Balukonis and even Jack Reid, Sr.’s police statement - NO WEAPONS were used or found.
11/08/03 Police officers searched the area with a K9 dog after Jack Reid identified the path and found no weapons. The police report states that Jack Reid said a man (identified as Jesse Brooks) held his hands over his head and that his hands were empty. He also stated that the man called out his name, “Jack”.
Jesse Brooks insists that he simply went to talk to Jack (whom he has known for some time) to find out if he had any information or knowledge regarding the theft of his family’s property.
Note: Michael Benton was never charged with this 2003 fabricated allegation yet Jesse Brooks was. Listen to Benton admit that he didn’t intend to do anything wrong.
#9 Jesse Brooks contacted Michael Benton to assist in the plan to kill Jack Reid, Sr.; and/or
Note: Benton described the month of June 2005 as the height of his drug/alcohol addiction. The phone call, according to Benton, came in at a time when he would have had his nightly drug habit/routine underway although he tried to please the prosecutor by claiming that it was one night he wasn’t “using”. Benton had repeatedly testified that he had been drinking and using drugs everyday and admitted it affected his ability to understand what was going on around him. He wasn’t even able to identify co-defendant Robin Knight from a photo lineup, which prosecutor Janice Rundles did not reveal until defense attorneys requested and were denied a drug/alcohol expert to evaluate Michael Benton.
TRUTH
Upon hearing that his friend Michael Benton was out of work and had been thrown out of his parents house, Jesse asked Benton if he was interested in making some money moving furniture. There was plenty of work and it kept Vrooman, Knight and Connors busy for an entire week - according to their testimony. Benton told the police he was working with them when he was arrested. The jury never had an opportunity to hear Jesse’s version.
Benton consistently claimed that the call he received from Jesse came in May/June 2005. Each phone call during that period was brought into question during Jesse’s trial and only (1) call matched Benton’s description. That (6) minute call was received while Jay Brooks and Joseph Vrooman were flying back to N.H. Saturday June 18th, 2005. Incidentally, Vrooman claimed that the call to Benton was mentioned in a Thursday, June 16th, 2005 bedroom meeting that he had totally fabricated. No such meeting ever took place.
Benton said in his first interview that Jesse called and asked if he’d help his father Jay Brooks. Benton later claimed that he assumed the request involved the trouble with Jack Reid according to an UNRECORDED police report authored by NHSP Officers Gilbert Estabrook. At Jesse’s trial, Benton claimed he said his father was coming back, in “reference to Jack Reid.” When asked previously in the John Brooks trial if Jesse mentioned Jack Reid by name, Benton said, “NO”. Unfortunately, the defense never brought that testimony up in Jesse’s trial.
Benton's Drug Addiction
Benton's Memory Problems
#10 John Brooks, Jesse Brooks and Joseph Vrooman held a meeting in Las Vegas to discuss details of the plan to kill Jack Reid, Sr.; and/or
TRUTH
Vrooman claims the meeting was held in the bedroom of Jay Brooks’ Las Vegas home on Thursday, June 16, 2005 at 9:00 a.m. or shortly thereafter.
THIS MEETING NEVER TOOK PLACE AND THE STATE WITHHELD DOCUMENTARY EVIDENCE
Jesse was in Court at that time with Attorney Steve Wolfson, who is now the District Attorney for Las Vegas. Over the next several hours, Jesse visited his doctor and the pharmacy (where a photo ID is required). There are time stamped receipts that account for Jesse’s whereabouts on this day. At no time during the morning and mid-afternoon of June 16th, 2005 was Jesse Brooks present at his parents’ Las Vegas home. The jury never heard this evidence at Jesse Brooks’ trial.
LISTEN TO AUDIO RECORDINGS OF PROSECUTOR JANICE RUNDLES KNOWINGLY GIVING FALSE TESTIMONY IN ORDER TO CONVICT JESSE BROOKS
November 18, 2009 Janice Rundles details Vrooman’s fabricated bedroom meeting during her closing argument.
March 26, 2010 Janice Rundles discussed fabricated bedroom meeting during Jesse Brooks’ Sentencing Hearing.
June 15, 2011 Janice Rundles discussed fabricated bedroom meeting before New Hampshire Supreme Court.
#49 Jesse Brooks paid Joseph Vrooman a sum of money; and/or
TRUTH
Michael Connors’ girlfriend Bonnie Dube was told in September 2005 by Derry Detective Michael Houle that Joseph Vrooman had been paid $10,000 to "whack" Jack Reid. Joseph Vrooman wasn’t arrested until November 2006 so it’s a mystery where Det. Houle came up with that story.
When Vrooman was arrested in Tennessee he was told he was facing a possible life sentence and that Robin Knight was cooperating. At that time, NH State Police Officer Scott Gilbert had UNDOCUMENTED discussions advising him not to talk to anyone until he had time to think about what he was going to do.
NH State Police Sgt. Robert Estabrook had already told Vrooman that they were only interested in Jay Brooks. After their UNDOCUMENTED discussions, Vrooman then claimed that Jay Brooks paid him $10,000.
TRUTH - Jesse Brooks never gave Joseph Vrooman any money relating to the death of Jack Reid. The jury never heard this evidence.
Note: Vrooman was never charged with this fabricated allegation.