IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

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Petitioner [s],
VS.

Case No.:

Respondent[s],

PETITION FOR WRIT OF HABEAS CORPUS BYA PERSON UNDER STATE CUSTODY COMES NOW Petitioner Joseph Raymond Molina pursuant to 28 U.S.C. 2254 and files the instant petition to overturn and vacate a sentence in the state court that is contrary to the United States Constitution. PRELIMINARTY STATEMENT 1. The name of the Court that entered the judgment is the Superior court of Puerto Rico in San Juan, Puerto Rico, under criminal case No. K 1C 2008G0028. Imposing a sentence of five years and six months of incarceration, with a suspended incarceration sentence. This case is filed

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pursuant to Hensley v. Municipal Court, 411 U.S. 345 (1973)1 and Carafas v. LaVallee, 391 U.S. 234 (1968)2. 2. The date of Judgment was February 13, 2009 Writ of certiorari was denied January 27, 2012, by the Supreme Court of Puerto Rico, a motion for reconsideration was denied on March 30, 2012. 3. The time of judgment of conviction was Five years and Six months (suspended)3. The sentencing Judge was Hon. Abelardo Bermudez (now and appellate Judge). 4. The nature of the offence convicted Art. 122 (third degree) was violation of Criminal Code. Article 122 requires aggression against a person the renders permanent damage, but not requires medical attention, or specialized professional treatment ambulatory would be guilty of a crime in the fourth degree. Aggravated to third degree. This is to say that the Government must prove beyond reasonable doubt that petitioner Joseph Raymond Molina was the aggressor. The evidence at trial and admitted clearly showed the victim was the aggressor. 5. The sentence was for on count of Article 122 in the Third Degree

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6. There are no future sentences to be serve after completion of the five years and six months. FACTS UPON WHY THE SENTENCE MUST BE VACATED 7. The appearing petitioner submits that the facts as specified here support the following: The evidence in admitted (video tape) when looked in light most favorable to the People of Puerto Rico is insufficient to show that Petitioner Joseph Raymond Molina Young was the aggressor as required by the Art. 122 of the Puerto Rico penal Code. The waiver of jury trial was done involuntary because of the presiding judge apparent conflicts of interest with the alleged victim Mr. Carlos Romero Barcel. These facts were learned after the trial and conviction. The prosecutors statements were unconstitutional and not relevant to the issues at trial and prejudiced the decision, even after the court attempted to distance itself, it nonetheless followed the pleading of the prosecutor.

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THE FACTS 8. On Super Tuesday March 8th 2008 (national primary elections) petitioner entered the caf known as Pelayo to have dinner at Pelayo. There, alleged victim form Governor, Commissioner Resident and mayor of San Juan Puerto Rico, Mr. Carlos Romero Barcel, was having drinks with approximately seven to eight political followers. See Petitioner entering the

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restaurant. (Photo admitted into evidence stipulated by the parties. There his followers invited Petitioner to sit and chat over the political scenario of March 8, 2008. After cordial introduction, a conversation ensues regarding the Super Tuesday Democratic Primaries. There, allege victim Carlos Romero Barcel instigated conversations regarding Republican participant and former president George W. Bush. 9.

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Respectfully Submitted, July 11, 2012 Ricardo Izurieta Ortega, Esq. USDC-PR # 124205 Attorneys & Counselors at Law 421 Muoz Rivera Ave Midtown Bldg. Ste. PH 1005 San Juan, P.R.00918 Tel (787)531-9419 Fax (787)767-4926 Email: izurieta.ricardo@gmail.com

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