"TIMOTHY FORD aka TIMOTHY CROSBY"
Was a rebuttal witness for the prosecution, who gave a statement to investigating police on April 7, 1983. (See: Exhibit 5-A-Timothy Ford Statement) His trial testimony was that:
On the evening of August 26, 1982, he was standing on the corner of Tenth (10th) & Poplar Street, along with "Carlos Handy & Stanley Jackson", when he first heard shooting coming from the area of Eleventh (11th) & Brown Street. He ran to the area of the shooting, where he came upon his nephew "Nassia Ford", who was four (4) years old at the time, and had been shot in the knee. That a woman had his nephew Nassia in her arms, where he took him from and ran straight to Guiffre Medical Center. While at the hospital with his nephew Nassia Ford, while he was being interviewed by homicide detectives, he alleges that Nassia Ford told the investigating detectives in front of him, "Why did 'Button' and one of his co-defendants shoot me?" (See: Exhibit 5-B/Nassia Ford Statement Dated August 26, 1982) "Timothy Ford" trial testimony was that, Nassia Ford told this to the investigating detectives in front of him. "Timothy Ford" further went on to testify that, "he had only been found guilty of one (1) crime involving dishonesty, for stealing a car tire in 1978 when asked during his direct trial testimony by Assistant District Attorney Roger E. King.
After the direct testimony of "Timothy Ford" on May 3, 1983, "Isaiah 'Button' Givens" trial attorney requested from the trial court, a computer print-out of "Timothy Ford" criminal record, because it was believed that "Timothy Ford" was not testifying under his true name, and also because this witness may have been implicated in this same case by another witness.
The trial Court ordered Assistant District Attorney Roger E. King to produce a computer print-out of "Timothy Ford" criminal record after the luncheon recess, which Assistant District Attorney Roger E. King did produce pursuant to Police Photo Number 583-188, which Assistant District Attorney Roger E. King claimed belonged to "Timothy Ford" and the trial court took judicial notice that the police photos and the criminal record of "Timothy Ford" was of the witness before the court testifying for the prosecution.
On March 13, 1987, "Timothy Ford" contacted the trial counsel of then "Isaiah 'Button' Givens", and informed him that he lied at the trial of "Isaiah 'Button' Givens" at the behest of Assistant District Attorney Roger King and Homicide Detective Michael Bittenbender. That his true name was "Timothy Crosby".
On March 14, 1983, "Timothy Ford aka Timothy Crosby" was visited by then, "Isaiah 'Button' Givens attorney, in the county prison, in which "Timothy Ford" gave the following sworn affidavit as follows:
My name is Timothy Crosby. I have just read Commonwealth exhibit C-58 which is my statement to the police dated 4/7/83. I have also read the trial notes of my testimony at pages 4357 to 4402. The statement and the testimony are not true. Nassia Ford on 8/26/82 never said Buttons was the one who shot him. He only asked who shot him while in the hospital. It was only after fifteen or twenty minutes after Nassia got to the hospital before he said anything. Approximately three days before my trial testimony I was handcuffed and arrested by the PHA Police. I was not told why. I was taken to the District Attorney's Office at 1300 Chestnut Street and left alone in a room for 15 minutes when Detective Bittenbender came in with C-58 already typed up. I first met him at the hospital on 8/26 when I told him I only heard Nassia say "why did they shoot me?" I never heard, nor did I tell Bittenbender at teh hospital, Nassia say or ask why Buttons shot him.
Bittenbender handed me C-58 and I told him that it was a false statement; that Nassia never said or asked why Buttons shot him. I told him that Nassia only began saying anything about **** was after 15 or 20 minutes. I refused to sign the statement.
The next day I went, or was taken again. This time I was not handcuffed. Bittenbender told me if I signed the statement C-58 and testified against Buttons, that they would "take care" of two open cases. One robbery and one P.I.C. (Possession of Instrument of Crime) I signed the statement. After I testified in a week the robbery case was dismissed; I never heard anything about the P.I.C. again.
Last year I asked Buttons to have his lawyer see me. I wanted to tell the truth. I did not want to feel guilty about having anything to do with Buttons' life sentence, for the rest of my life. I never heard Nassia say Buttons shot him or anything like that.
I am very sorry about this. I was coached by the prosecutor to testify in this way for two or three days before trial. I am willing to come into court to swear to this and provide the court with further details about the Richard Allen Shootings.
I have read this statement handwritten by Mr. Cucinotta on 3-14-87 at the Detention Center that consists of two pages, it is the truth to the best of my information and belief. I hereby certify this as the truth and verify same under the verification law related to sworn affidavits. (See: Exhibit 5-C-"Timothy Ford Affidavit of 3/14/87).
On March 16, 1987, then trial counsel brought to the court's attention of the signed affidavit of "Timothy Ford aka Timothy Crosby" who was a witness for the prosecution at the trial of "Isaiah 'Button' Givens". The court (The Late Honorable Robert A. Latrone) instructed his court crier to retrieve the Philadelphia Police Phote Number of "Timothy Crosby" so that he could be brought before the bar of the court and give testimony pursuant to his affidavit. The court crier announced that "Timothy Crosby" Philadelphia Police Photo Number as being "546-923".
On March 27, 1987, "Timothy Crosby" was brought before the court and asked to state his name for the record, which he announced his name as being "Timothy Ford aka Timothy Crosby". "Isaiah 'Button' Givens" then attorney, asked "Timothy Ford aka Timothy Crosby" if he was a witness for the prosecution in the case of "Isaiah 'Button' Givens", in which he answered "Yes". After answering that question, all further questions resulted in "Timothy Ford aka Timothy Crosby" involking his United States Fifth (5th) Amendment.
On February 4, 2000, "Timothy Ford aka Timothy Crosby" gave another affidavit/declaration to an investigator, which stated the following:
- My name is "Timothy Crosby" and I testified for the Commonwealth (Prosecution) in Commonwealth vs Isaiah Givens and others in 1983.
- I have went by other names, dates of births and social security numbers in the past. Some of the names I used were Timothy Ford, Timothy Potter, Timothy Battle, James Walter, James Walden, Carlos Handy and Timothy Crosby.
- The statement I gave to Givens attorney on March 14, 1987 was true. Nassia never stated that Isaiah Givens had shot him. The only statement Nassia made was "why did they shoot me". He indicated to me that he did not know who the they were.
- When I was taken to the District Attorney's Office on April 6, 1983, I told Detective Bittenbender and ADA Roger King exactly what I knew about the shooting at Richard Allen Homes. I told both of them I heard shots coming from both ends of the courtyard. I also told them that Nassia asked "why did they shoot me?" Nassia never told me who the they were. I took his statement to mean why was he shot.
- ADA Roger King told me he was only concerned with Givens and not about there being a shoot-out between two groups of people.
- Both Detectives Bittenbender and ADA Roger King told me that my pending charges on two different felonies would disappear if I cooperated and said what they wanted me to say.
- The next day, April 7, 1983, I agreed to sign the statement implicating Givens (Isaiah 'Button' Givens) even though it was false.
- ADA Roger King prepped me for testifying. He asked me about any prior arrest. I told him about a number of the arrests I had under some of my aliases. ADA Roger King told me not to disclose that I had two Philadelphia Police Photo Numbers. ADA Roger King was aware that I had aliases. In fact I testified about a prior robbery under the names of Ford and Crosby.
- My name is Timothy Crosby. I lived with the Ford Family for about ten years and I would sometimes use the Ford name as an alias. I an not a blood relative of Nassia Ford.
- After I testified for the Commonwealth (Prosecution) against Givens I began to feel bad about what I had done. I told Givens attorney about my false testimony and I signed a statement for him.
- ADA Roger King came and saw me and told me if I plead the 5th I would roll out of jail. He made it clear that I had to stick to the story I gave at trial or I would do time.
- Part of the reason that I cooperated with Detective Bittenbender and ADA Roger King's false story was because I knew King was pressing other people to do the same. He had in his mind that Givens did the shooting and he would prove it one way or another. It is common knowledge that if you help ADA Roger King, he will help you. Other witnesses were helped by being moved up on the Section 8 housing relocation or helping with criminal charges.
- I testified at trial that I knew **** **** from the neighborhood and that we would party together. I was not asked any other questions about my relationship with **** **** or what I knew about him. I knew that **** **** had a rough life growing up and that he was not the type of person who was a leader. **** **** has always been a follower. If I had been asked I would have testified about everything I know about **** ****.
- I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief subject to the penaly of perjury pursuant to 28 U.S.C., Section 1746 and 18 Pa.C.S., Section 4904. (See: Exhibit 5-D-Timothy Crosby Sworn Affidavit of 2/4/00).
Within the statement of "Nassia Ford" dated 8/26/82, no where within the body of his statement is the name "Isaiah Givens" or "Button" mentioned. (See: Exhibit 5-B). As well, "Timothy Ford aka Timothy Crosby" testified at the trial of "Isaiah 'Button' Givens" on May 3, 1983, that he had only been found guilty of only one (1) crime involving dishonesty, which involved him stealing a car tire in 1975. However, on May 6, 1983, while "Isaiah 'Button' Givens" trial was still commencing, "Timothy Ford aka Timothy Crosby" was allowed to plead guilty to a 'negotiated guilty plea' for "stealing a car tire" in which he was arrested for on November 21, 1982 by the Philadelphia Police Department. (See: Exhibit 5-E-The complaint made out for the arrest for stealing a car tire and a hub cap made out by arresting Philadelphia Police Officer Gina Wright/Badge Number 2545 dated 11/21/02 in regards to the charges of theft, receiving stolen property and conspiracy). (See: Exhibit 5-F-The Criminal Transcript of the Philadelphia Municipal Court of "Carlos A. Handy" signed 'negotiated plea of guilt' dated May 6, 1983, before Honorable Judge M.F. Coppolino, of the Municioal Court of Philadelphia, regarding the charge of "theft"). ADA Roger King nor anyone from the PHiladelphia District Attorney's Office informed "Isaiah 'Button' Givens" of such, since the trial was still going on and the same prosecuting offices were prosecuting "Isaiah 'Button' Givens" and "Timothy Ford aka Timothy Crosby aka Carlos Handy". As well, See Exhibit 5-G-Page 3 of "Timothy Crosby" criminal history record in which said conviction is shown in hte second column of the page, and a host of other convictions.
"Timothy Ford aka Timothy Crosby aka Carlos Handy" lied on "Isaiah 'Button' Givens" at teh behest of Assistant District Attorney Roger E. King and Philadelphia Homicide Detective Michael Bittenbender, who intentionally manufactured testimony against "Isaiah 'Button' Givens" and denied him a right to a fair trial, by knowingly presenting a prosecution witness to testify against "Isaiah 'Button' Givens" under an alias name, instructed this witness to lie under oath and ADA Roger E. King hid this withness true police record during trial from the defense of "Isaiah 'Button' Givens" and encourage this witness to help violate the civil rights of "Isaiah 'Button' Givens", to insure a conviction upon an innocent man who was falsely accused, to unjustly convict him. They (ADA Roger E. King) even rewarded this witness merely three (3) days after he lied for the prosecution and allowed for this man to plead guilty to 'stealing a car tire' which he lied about being convicted of in 1978, which he was given a 'negotiated plea of guilt' to, under the name of an individual (Carlos Handy) whom he testified that he was standing on the corner of Tenth (10th) & Poplar Street, when he first heard shooting, merely three (3) days after his trial testimony of May 3, 1983.
This, in and of itself, is documented proof that furthers the innocence of "Isaiah 'Button' Givens" without a shadow of a doubt. This, along with all the evidence in totol upon this web site, shows that the Philadelphia District Attorney's Office aka Assistant District Attorney Roger E. King and the Philadelphia Homicide Division framed and violated the civil rights of "Isaiah 'Button' Givens" beyond a shadow of a doubt.