Breakdown of inconsistencies of accusation and hidden Evidence

Breakdown of inconsistent evidence that was NOT presented to the public!

A thorough investigation needs to be pursued so that the investigation can yield evidence that the reported sexual assault had in fact not occurred.

Facts Marshall Stated and claimed to be true and Inconsistencies with allegation.

1.      Incident happened in April 2013, Marshall claimed she hadn't had sex since July 2012 of the previous year.

2.      9 months without penetration or sexual intercourse, and Marshall claimed she slept through sexual activities.

3.      Marshall called Shiranette numerous amounts of times, whom is suspect's sister before waking up help that she had in her home.

4.      Marshall never woke up her brother who could have most definitely saved her from being assaulted.

5.      Marshall's bed was directly on her brother's wall

6.      Marshall's room is in middle of the apartment in between both male roommates rooms.

7.      Both men in the home were and are currently still active in the army national guard

8.      Marshall told the police she was drunk when she gave the statement at the hospital

9.      Marshall left Laneal (male roomate) sleep to go and pick up ex-intimate partner Raphael Hayden BEFORE going to the hospital

10.  Marshall never explained why she went to pick up Raphael instead of going straight to the hospital

11.  Laneal Nance accompanied Marshall to every court date and was present at Trial with her but she chooses to leave him sleeping while she went to pick up others to accompany her to the hospital.

12.  Marshall stated that the detectives over her case informed her she was unable to beat her case without Dymond Devost's Case.

13.  Devost's Case was dropped

14.  Marshall didn't make her mother aware of so called accusation, until months after.

15.  Shiranette had to contact Marshall's mother to inform her of her daughter's alleged accusation, before awareness was even given to her from Marshall

16.  Mother never came to one court date

17.  Marshall didn't attend any court dates, but she only showed up to the Trial.

18.  Marshall was BEYOND physically capable of resisting her attacker once "SHE WOKE UP"

19.  Yet Marshall didn't FIGHT, "scream!", "yell!", say "no", "stop!", or give off any sign to indicate not wanting to partake in sexual activities other than responding that "SHE WAS JUST SLEEP".

20.  Marshall has never been a woman to be afraid to fight anyone, female or male, ironically; and records and proof of altercations including Marshall in the past years and leading all the way up to recent years would show that

21.  Marshall was involved in more than 3 different brawls in Carbondale, IL Jackson County; 2 Involving liquor

22.  Marshall got into an altercation 3 WEEKS following her rape accusation, in which she strikes a male with her fist because he jumped in front of her friend in line outside a nightclub in Carbondale, IL. The altercation ended with Sharleeta Marshall being revived by an ambulance outside of the club, due to the male she previously stroke knocking her to the ground unconscious. Liquor was of course involved, and she was feisty and angry like she always would get, and in turn it resulted in her bringing harm to another individual and her playing victim. It is a record of this assault in Jackson County and witnesses to verify her behavior.

23.  Marshall waited 7 days to press charges instead of immediately pressing charges the night of the alleged assault.

24.  Marshall's motives for pressing charges were premeditated, due to her knowledge of legal loopholes, which allowed her to fabricate her story several times.

25.  Marshall told 3 different stories, which were that: "She was Drunk", "She was dreaming", and "She was sleeping" while being penetrated.

26.  The night of incident both students were coming from a social gathering were liquor was served and consumed, then proceeded to a local "Bar & Nightclub" establishment, where liquor was also consumed, before proceeding home.

27.  Shamar and Sharleeta drove together in Marshall's car that night and were together the entire night

28.  Sharleeta, Shamar, and Isaiah (victim's brother) all went home together as a unit the night of the alleged assault.

29.  Shamar and Sharleeta grew up together

30.  The two attended the same Grammar school

31.  The two attended the same the College

32.  The two were college roommates, considered and acknowledged each as extended Family. The two have had a close family relationship for 10+ years.

33.  The two always slept in bed together

34.  Shamar was always allowed in her room in her bed whether Marshall was home or not. Never had to ask

35.  The two had intimate relations in the past

36.  Marshall admits to pretending to be asleep on the stand in the court room

a.       Marshall pretended to be asleep

37.  Shamar's sister was not put on the stand, but was subpoenaed and present in the court house but was not allowed to testify.

38.  Shamar's sister expressed numerous times at the trials and during interviews as well as interrogations that Marshalls story didn't match what she stated in her first statement.

39.  Marshall helped Shamar undress her.

40.  Marshall claims to have felt Shamar enter her. But... How? Wasn't she sleeping?

41.  There are too many inconsistencies in Marshall's story and in fact the evidence does not exist.

42.  Shamar left Marshall's her home when he was told to leave.

43.  Shamar turned himself in willingly with no hesitation and or resisting

a.       The Victim (Marshall) wore a short skirt and hooker boots to trial.

44.  The Victim(Marshall) lives her life the exact same way, continues to partake in the consumption of alcohol, as well as attend social bars and gatherings where she is comfortable fornicating with men she does not know.

photo above is a picture from Marshall's Instagram page not long after this alleged assault in which she clearly stated "Turn up crew (I don't even know them)"

  

45.  Marshall is extremely comfortable being around large groups of men she doesn't even know after a man she has known for 10+ years has supposedly raped her.

46.  Marshall is an avid smoker of marijuana, black and mild cigars, cigarettes and a severely heavy alcohol consumer, who chooses to partake in any and all parties and or social events. Especially those events where alcohol is allowed.

47.  Obtained a Rape kit, but disregarded getting a test of BAC (Blood Alcohol Concentration) levels. Victim’s level of intoxication should have been recorded and confirmed before ruling out that she was not voluntarily drunk.

48.  Carbondale Police took Marshall's word with no concrete evidence of nonconsensual sex.

49.  Marshall is prone to wearing little skirts, short shorts, and consuming large amounts of alcohol, were in some instances she would repeatedly act out of character.

50.  Marshall tried to seek an "Order of Protection" against her old best-friend (Shiranette Scales), because she knew Shiranette didn't believe her and wouldn't take her side.

51.  Marshall has continuously blamed others in life and has never taken responsibility for her wrong doing and spiteful actions.

52.  Marshall turned on the TV and cut out the light the night of the alleged assault, and Marshall has undoubtedly never slept without a TV on or movie playing.

53.  Marshall has made previous accusations about rapes and assaults multiple times in life, with no evidence to support her stories.

54.  Marshall gets really aggressive when drunk and that is the only time altercations arise on her behalf.

55.  Marshall got into large group fights because she couldn't control her liquor and temper.

56.  Marshall uses alcoholic influence to do the things she really wants to do but not take responsibility after it is done and then blames it on other parties or her being drunk.

57.  Marshall slept in bed with suspect on regular basis with little to no clothes on. They shared a home for 3 years and spent numerous nights together in Marshall's dorm.

58.  Marshall admitted to being raped by her cousin Tenecia Kinnard's father but told many different stories about that as a teenager.

59.  Marshall, along with Carbondale detectives were aware that Shamar's sister knew too much about the case and went to extreme measures to allude her from investigating the truth.

60.  No bruising or evidence of force was on alleged victim, which should have been the first red flag to Carbondale Police.

61.When rape kit was presented at trial it showed that pubic hairs were indeed wet and moist, and there was no sign of forced entry amoungst victim.

62.  There is an ample amount of evidence proving malicious prosecution and accusations

63.  If Marshall wasn't drunk she was aware of sexual intercourse

64.  Shamar had a bias and a prejudice judge

65.  The Judge never considered hearing new evidence.

66.  The State's Attorney told the judge verbatim; "he only wants to get out to play basketball and rap, he deserves the maximum sentence, I’m asking for 13 years".

67.  This case carried 4-14 years

68.  Shamar was sentenced to 13 years

69.  The Judge yelled and told Shamar he belongs in "hell" because Shamar wouldn't admit to being guilty of this accusation, and Shamar wouldn't say he was "sorry".

70.  Sharleeta worked with the State's Attorney to falsely convict College Student Shamar Scales.

All of this is evidence that was not presented and questions and arguments that was not raised on Shamar's behalf. 

"I wake up to the sound of them unlocking the door in this cell every morning there is no way she wasn't awake; when I got in her bed she knew what she was doing. She got up, turned out the light, turned on the TV, and laid down in FRONT OF ME I wasn't on top of her, I didn't have her pinned down, nor did I force her or oppose any harm on her we were side ways; I was closet to the wall." 

-Shamar

If Marshall was getting raped nothing would have stopped her from getting away or getting help from her brother and other male roommate, whom were home with her. She wasn't physically or mentally unable to fight or resist harm, according to here she wasn't drunk, and nothing was preventing her from screaming and yelling once she realized she was being assaulted. The accuser did not physically resist the suspect or sustain injuries. This rape should have been classified as unfounded and ruled out for an acquittal. Marshall's story clearly has too many inconsistencies.The precautions and actions she took after making that first phone call "crying rape" plays a big part into this investigation.

     "All of them in that court room was against me they didn't even let my family in there to support me, my sister was all I had in that town.That girl didn't cry or seem like she was affected at all on that stand and they took my life from me. 13 years, I never even had a traffic ticket. She still living her life the exact same way because her side of the story was not investigated, Was she sleep? dreaming? drunk? which is it? They setting me up, she going to school for this." Stated Shamar Scales.

Research shows women who are being raped typically are not aroused and hence not lubricated. So unless the argument is that all women lubricate all the time when they have sex, or that a non consenting woman is exactly as likely to lubricate the exact same degree as a consenting woman. Marshall and forensic examiners need to explain why Sharleeta was so into this act causing her to become extremely wet if it was so unwanted. Marshall admitted to the whole bed being wet once Shamar left. If the idea of sex in this matter was rough and painful, it would suggest yet though not prove, non-consenting seems, self evident. If this woman does not have a sleeping disorder, wasn't drunk or under the influence of any drugs, HOW DID SHE MANAGE TO SLEEP THROUGH PENETRATION after being celibate for 9 months? It just doesn't happen that way, these Students knew each other all of their lives and partook in numerous occasions together which included even eating and sleeping together. Marshall has some serious explaining to do about her actions following this assault, in which Carbondale Police Department should have questioned from the beginning. It's clear as day this women story is inconsistent and needs to be deeply investigated and ruled out as a false accusation if she can't justify actions. It startles and bothers me that this woman claims to have been sleep and nobody questioned her motive or her story, which obviously was not concrete from the beginning. Marshall would have been awaken from several aspects of what would be considered "rape" which would include; the feeling of her clothes being taken off, being penetrated, and the motion of her body moving back and forth, would have awaken a conscious soul under no influence and in a clear mental state. She has a lot of things to justify to adequately prove she had no awareness of this act.

QUESTIONS THAT NEEDS ANSWERS

How was she asleep but pretended for 2-5 minutes? Why didn't she resist or try to fight him off? (She is not afraid to fight). Why didn't she wake up brother's? Why didn't she tell her mom until months later? Why wasn't her mom or father at the Trial? Why didn't she press charges right away instead of premeditating for a week and creating a false story? Why was victim's brother put on stand and not suspects sister? Why did Sharleeta drive herself to the hospital when she had someone home to drive instead left him sleep, to go pick up Rapheal? Why did she pick up Rapheal? Why isn't she admitting to being drunk? Do she have the rare sleeping disorder Sexsomnia? Why wasn't her accusation of SLEEPING SEX further looked into? Why didn't Carbondale interrogate Marshall? Why as a criminal justice degree recipient Marshall went alone with fabricating a story? Why do she still put herself in the same predicaments in which this can happen to her again, by being around men she don't know, and still getting drunk all the time? Why haven't she stopped drinking? How can she send a childhood friend to jail for 13 years with no remorse? Why did Judge William D.Schwartz have so much anger toward this black man when no violent harm was intended, and the victim is just claiming to have been asleep? Why did the Judge William D.Schwartz feel the need to tell Shamar he belong in "hell" at the sentencing? Why didn't the Marshall's come to the sentencing? Why was she allowed to only attend the Trial and no other court dates? What did the State's Attorney Casey BloodWorth try to insinuate about black men asking for the maximum sentence because of stereotypical talents such as rapping and playing basketball? Why did the State's Attorney Casey Bloodworth request a speedy trial? Why did the detectives feel they needed to threaten and harass suspects sister when just like them she was trying to get to bottom of case? Why didn't defense attorney Magaret Deagan call the first witness? Why didn't the state's attorney call the first witness? Why did Jackson County Railroad Shamar Scales? Why didn't Jackson county present all evidence when it was given and told to them? What argument and evidence besides her stating that the act wasn't consensual did Judge Schwartz base his decision on sentencing the suspect to 13 years? What evidence besides the two pieces of supplemental evidence did Jackson county have to convict him? The rape kit is impermissible due to the fact he is not denying having sex with her and the only evidence they have is her word that she was asleep and unaware of the act. What witnesses were used? What Trial strategies did attorney's use? Why would Judge Schwartz go on a malicious rant and belittling the suspect? Why did Judge Schwartz come from behind his bench and walk into the hallway looking for the suspect to convict asking where was he before guards brought him in? Why did the Judge stare at Shamar for five minutes straight with no words before During sentencing? 


Shamar needs to be given a fair trial and judged by someone other than the Prejudice Judge William Schwartz and Carbondale State's attorney Casey BloodWorth. Carbondale does not care about minorities, and it is proven due to the fact Jackson County also recently just covered up a MURDER of another SIU Student Pravine Varugese in which they ruled out his death as hypothermia. His family later found out his underlying death was caused by brutal force trauma to the head, meaning somebody physically harmed this young man to the point the attacker took his life. Both these cases are either cover ups or pure negligence of the justice system in Jackson County, IL in providing thorough investigations. Questions of these families need to be answered and not overlooked because they are minorities.

BELOW IS A LINK TO THE NEWS REPORT OF THE MURDER IN SOUTHERN ILLINOIS:

http://www.nbcchicago.com/news/local/Second-Autopsy-of-SIU-Student-Reveals-New-Cause-of-Death--261715631.html

Since Carbondale, IL is such a small town, racial injustices and discrimination get overlooked and swept under the rug on a repeated basis. These are two cases of recent problems that had arisen in Jackson County, IL that nobody is doing anything about. 

The key element is this victim’s account of sexual assault were internally inconsistent and directly contradicted by multiple witnesses. Since the victim altered those key elements of her accounts investigators should have concluded that this report is false. You have to be open to the idea that a woman might claim rape after consensual sex. This can be determined by the relationships of the parties and their behavior. So Claims that an act of sex was consensual or non consensual are both plausible claims.  Marshall is wrong and needs to take responsibility in being drunk in this situation. Marshall had complete knowledge of her defiance of the law, once proven guilty on an false accusation and perjury charge, Marshall needs to be prosecuted to the fullest extent of the law. A new and fair trial will prove Shamar Scales innocence. This case needs to be reopened and Shamar should be granted a new and fair trial and or exonerated. This conclusion would not be based on a single interview or intuitions about the credibility of the victim but on a preponderance of evidence gathered over the course of an thorough investigation. 

Written and Investigated by: 
Shiranette Scales
-Victims Best-friend (when incident occured) Not present
-Suspects Sister

Sources: Knowledge of incident, research, court documents, and legal proceedings.