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In 2002, James W. Griffin was charged with Attempted Murder in the Second Degree, Attempted Aggravated Robbery and Conspiracy to Commit Robbery. At trial, James was found guilty. He was sentenced to 25 years as the getaway driver.
Bob Frazier, Manager of Carlos O'Kelly's, in Topeka, Kansas, testified that a person believed to be a black male, dressed in all black entered the restaurant while he was conducting a tour of the establishment with school children. The subject entered the back of the restaurant, through the kitchen and into Mr. Frazier’s office without being seen by other employees. After hearing a loud popping noise, a witness in the restaurant made his way towards Mr. Frazier’s office where he was found lying on the floor.
At trial, the “evidence” used to convict James was based on hearsay from one person, their significant other and a next door neighbor. Since then, the witnesses have recanted their testimony, stating they lied to avoid a jail sentence. In addition, phone records, which were never presented at trial, have James' at a location 2.5 hours away from Topeka, in Coffeyville, Kansas. His Mother, also his alibi, was never called to testify on her son's behalf. She has since passed away. No one identified James Griffin as either the shooter or the getaway driver. Lastly, no DNA or physical evidence that James Griffin was involved in this crime exists.
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