Call For An Independent Impartial Investigation

Call For An Independent, Impartial Investigation Concerning
the Arrest,Trial and Conviction of Albert D. Samaniego #883637,Indiana State Prison,Michigan City,Indiana.

TO:Gov.Frank O'Bannon
Office of the Governor
State House
Room 206
Indianapolis, IN 46204-2797



Steve Carter
Office of the Indiana Attorney General
Indiana Government Center South, 5th Floor
402 W. Washington St.
Indianapolis, IN 46204

Evelyn Ridley-Turner
Commissioner
Indiana Department of Correction
302 West Washington Street
IGCS, Room E334
Indianapolis, IN 46204

Indiana House of Representatives
200 W. Washington Street
Indianapolis, IN 46204-2786

Daniel K. Whitehead
Attorney at Law,
P. O. Box 487
Yorktown, IN 47396


Professor Frances W. Hardy,
Innocence Project,
Indiana University School of Law -
Indianapolis, Lawrence W Inlow Hall,
Room 111J,
530 W. New York Street,
Indianapolis, IN 46202-3225

Indiana House of Representatives
200 W. Washington Street
Indianapolis, IN 46204-2786


Indiana State Senate
200 W. Washington Street
Indianapolis, IN 46204


We the undersigned, demand that an independent, impartial investigation be conducted into the arrest, trial and conviction of Albert D. Samaniego #883637,Indiana State Prison,Michigan City,Indiana.
Cause Number:01CO1-8706-CF-018; Adams County Indiana.

We the undersigned also demand a DNA Test for Mr. Samaniego, and the reopening of his case so justice will be served.


Details of the case:

Horse Samaniego, A Story of Injustice
One night in June, 1987, a masked man entered a womans home, attacked her at knife point, and demanded that she perform an act of oral sex on him. They struggled and she was left cut and bleeding. The perpetrator (unknown to this day) ran from the scene, disappearing into a dark, heavily foliaged, alley.

Horse Samaniego has been imprisoned for this crime for 15 years. He was tried, convicted, and sentenced for 108 years. This is the longest sentence ever handed down in Adams County, Indiana. Actually, the harshest sentence ever delivered in Indiana for a crime that did not involve, murder, rape, or any crime involving bodily harm.

Horse Samaniego did then, and always will, proclaim his innocence. The only thing he was guilty of was going to visit a friend in the approximate area. The victim could not identify her attacker, as she never saw her attackers face. She stated, in court, under oath, that she did not believe it was Horse Samaniego. Horse is 6 tall.

The closest witness was a neighbor who only got a glimpse of the real perpetrator who was still wearing a mask. Another witness stated that the man was not wearing a mask and looked like another neighbor. The other neighbor he was referring to has a history of rape and child molesting. Neither victim nor witnesses claimed to have seen the face of the perpetrator.

No blood or other evidence was found on Horse, his clothing, nor a pocket knife that he carried. The police did not process the mask that they stated they found in the alley. This mishandled evidence was the key to exonerating Horse beyond a doubt.



Horse was identified through illegal, unfair, and prejudicial procedures. Following his arrest at home, he was viewed in a cell by the alleged witnesses. A man and wife.

The police asked them if they agreed that this was the attacker.

They stated that Horse was the man, belying their previous statements.

The Indiana Supreme Court has refused to grant Horse a new trial, despite Justice O. Debrulers separate opinion that the conduct of the police in permitting the witnesses to view Samaniego while in a jail cell was a gross violation of the constitutional rules governing identification procedures. Justice Debruler, along with Justice Dickson, concurred the action endangered witness testimony.


Justice Debuler wrote, The police procedure employed here was highly suggestive of guilt and totally unnecessary, and deserves the strongest judicial condemnation. If this issue had been properly raised (by defense counsel) and preserved, I would vote to reverse and order a new trial at which all identification of Samaniego would be excluded.

During the trial, Judge Anderson made fun of Horses name and referred to him as an animal. Prejudicial remarks regarding Horses race, religion, and credibility were repeatedly referred to by the Prosecutor. In his closing argument, the Prosecutor referred to the Defense Attorney as looking like General Custard at the last stand. Every time you turn around, you see another arrow coming at you. These remarks were calculated to inflame the all white jury who had already been influenced by a newspaper reporter, a year before the trial.



Horses public defender, Max Ludy, later stated in an affidavit, that because of the newspapers and unpopular publicity, many attorneys in Adams County, were unwilling to represent the defendant. Mr. Ludy also stated that the oppressive atmosphere under which the trial was conducted created an atmosphere in which the defense counsel felt constrained not to object for fear of judicial reprisal.


Had evidence been properly handled, Horse would never have been charged. Being a Mescalero Apache, an Indian, there was no way he would have received a fair and just trial.

DNA testing was not available at that time. It is now, and the Innocence Projects around the country are proving the innocence of many who have been unjustly imprisoned.

HORSE NEEDS YOUR SUPPORT!