PETITION FOR JUSTICE: FREE FENEL DONTRE BAINE - WRONGFULLY CONVICTED AND ILLEGALLY SENTENCED TO DEATH BY INCARCERATION

     We, the undersigned concerned citizens, demand immediate justice for Fenel D. Baine – a young man wrongfully convicted and condemned to die in prison under an illegal sentence for a crime he did not commit and did not aid.
The Shocking Facts of the Case:
       1. The Actual Murderer Confessed & Exonerated Fenel:  The Co-Defendant admitted he alone shot and killed Michael Cannon during a sudden, unplanned fight initiated by assailants. His Co-defendent testified under oath at Fenel's trial:
  -Fenel was NOT the shooter.
  -Fenel did NOT know his co-denfendant had a gun.
  -Fenel did NOT plan, coerce, assist, or aid in the killing.
  -Fenel acted purely in self-defense during the chaotic fight.
       2. Fenel Was Wrongfully Convicted as an "Accomplice" with NO Evidence: Despite his Co-defendants clear testimony exonerating him, and despite the complete absence of physical evidence (no gun recovered, no ballistics, no DNA, no hair samples, no video, no credible eyewitness placing blame on Fenel), Fenel was convicted as an accomplice to his Co-defendant's actions. The state relied solely on hearsay and circumstantial speculation. An innocent man was found guilty based on nothing.
       3. The Actual Murderer Received 20 Years; The Innocent "Accomplice" Received 91 Years: His co-defendant, who pulled the trigger and confessed to manslaughter, pleaded guilty and received a 20-year sentence. Fenel Baine, convicted as a non-shooter accomplice based on no credible evidence, was sentenced to 91 years in prison – effectively a death sentence. This gross sentencing disparity defies all logic and justice.
       4. Fenel's Sentence Was Unconstitutional: The sentencing judge, acting without a jury, found "aggravating factors" to impose the absolute maximum sentence on every charge (totaling 91 years). This violates the 6th Amendment right to a jury trial and the 5th Amendment right to due process, as affirmed by the U.S. Supreme Court in Blakely v. Washington and United States v. Booker. Any fact increasing a defendant's punishment beyond the standard range MUST be found by a jury, beyond a reasonable doubt. Delaware's decades-long practice of judicial sentencing, used against Fenel, is fundamentally unconstitutional.
       5. Fenel Was a Vulnerable "Emerging Adult": Fenel was only 19 years old at sentencing. Neuroscience and the law recognize "emerging adults" (18-25) possess the same cognitive vulnerabilities as juveniles – their prefrontal cortex, governing impulse control and judgment, is not fully developed. The 8th Amendment protects these young individuals from excessive, life-crushing sentences amounting to cruel and unusual punishment. As an emerging adult who was not the shooter, Fenel's moral culpability was profoundly diminished – yet he received the harshest possible penalty.
       6. A Judge's Stubborn Bias Denies Justice: Despite hid co-defendant's filing a formal affidavit in 2016 (10 years after the crime) reaffirming Fenel's innocence and his own sole guilt, Judge Graves has stubbornly refused to correct this miscarriage of justice. He routinely denies Fenel's appeals, often without reading them, rejects letters of support, and appears determined to ensure Fenel dies in prison, regardless of the truth or the law. This is judicial bias at its most damaging.
Our Demands:
   1. Immediate Review and Overturning of Fenel Dontre Baine's Conviction: Given the complete lack of evidence, the credible confession and testimony of the actual perpetrator exonerating Fenel, and the unconstitutional nature of the trial proceedings, Fenel's conviction must be vacated.
   2. Immediate Commutation of Sentence and Release: Fenel Baine has already served nearly two decades for a crime he did not commit and did not aid. He must be released immediately. His 91-year sentence, imposed unconstitutionally on a vulnerable emerging adult for a lesser role than the actual perpetrator, is a grotesque injustice that must end now.
   3. Investigation into Judicial Conduct: Judge Graves' persistent refusal to acknowledge exculpatory evidence, constitutional violations, and his apparent bias against Fenel warrants a formal investigation.
   4. Reform Unconstitutional Sentencing Practices: Delaware must immediately end the unconstitutional practice of judges imposing enhanced sentences based on facts not found by a jury.
    Fenel Dontre Baine is an innocent man trapped in a nightmare of wrongful conviction, unconstitutional sentencing, and judicial intransigence. He has been robbed of his youth and his future. We cannot stand by while an innocent man is left to die in prison.
    We demand justice. We demand freedom for Fenel Dontre Baine. Sign this petition to call on the Governor of Delaware, the Delaware Board of Pardons, the Delaware Attorney General, and the Delaware State Legislature to act NOW.

[SIGN HERE]

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