Grady Krzywkowski

Contact Grady M. Krzywkowski
Grady Krzywkowski	Grady M. Krzywkowski # 409984 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, OH 44044 USA
Grady Krzywkowski	DOB: August 2, 1973

Grady Krzywkowski's case data
Status	possibly innocent
State and County	Ohio, Cuyahoga County
Case No.	CR401497
Crime	3 counts of rape and 1 count of GSI against minor child, count 5, 6 of rape against minor child, count 7 rape, and count 8 GSI against minor child
Date of Crime	The Prosecutor kept changing these dates. The original date they picked was June 1, 2000; and was changed to November 1999 - April 28, 2000.
Date of Arrest	February 13, 2001
Date of Conviction	September 17, 2001
Sentence	Life in prison as to count 1 to run consecutive to count 3, Life in prison as to count 2 to run consecutive with count 1, Life in prison as to count 3 to run consecutive to count 1, five years as to run concurrent with all other counts If the prisoner is ever released, the defendant is given five years post-release control, Defendant is decreed Sexual Predator.
Age at the Date of Crime	26
Contributing Factors	False Accusation, Perjury, Official Misconduct, Ineffectiveness of Counsel, Junk Science
Did DNA evidence contribute to the conviction?	No
Is there DNA evidence to test?	N/A

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Introduction

On September 17, 2001, Grady Krzywkowski was convicted of the rape and gross sexual imposition of his biological children, ages 6, 5, and 3 without hard evidence. Krzywkowski’s trial in Cuyahoga County Court of Common Pleas, Cleveland, Ohio, coincided with the bombing of the World Trade Center in New York City on September 11, 2001.

The State’s case against Krzywkowski was built on the testimony of his children. The Defense maintained that the stories of the children had been coached and led by the State and its witnesses. The question of the children’s competence to testify had been resolved in favor of the Prosecution via an examination by the presiding judge Shirley Saffold.

Also called as witnesses for the State were the children’s foster parents, four social workers, an examining physician and his nurse, but not the investigating police detective. The foster parents testified that the children had volunteered the allegations of sexual abuse in July 2000 while living in the foster parents’ homes. Many of the accusations were directed at the defendant’s wife and her family, who have never been charged or brought to trial.

The physician, Dr. David Gemmil, stated under oath that it was his opinion the children had been sexually abused by Krzywkowski. He found no physical evidence to support his conclusion. Dr. Gemmil said that he based his opinion on a review of social workers’ reports and psychological precedent in the field.

The written reports of the social workers had never been produced as evidence for the State, nor were there any video records of their interviews with the children as required by protocol. Their testimony consisted of their own handwritten notes which they referred to at trial. One of the social workers testifying had never spoken with the children. Her testimony consisted of an interpretation of someone else’s written reports.

The State was not able to elicit coherent and consistent testimony from the alleged victims. None of the 74 objections raised by the Defense over Prosecution’s leading questioning during their testimony were sustained by the judge. Krzywkowski’s oldest child denied any wrongdoing by his father.

Krzywkowski’s attorneys called no witnesses for the Defense. They did not pursue the testimony of medical professionals familiar with the children while they were under Krzywkowski’s care. Inconsistencies in the dates and places of offense listed in the Indictment and police reports have never been called into the record as evidence. Krzywkowski says, “I’ve never had the opportunity to testify in my own behalf. I’ve never been questioned during the investigation.”

In its closing argument, the Defense conveyed its thanks to the jurors, “It’s been a trying week in this courtroom and in this country, and it hasn’t been easy for my partner and I to concentrate on this case because of everything else that was going on.”

Nineteen pages of the State’s closing argument document the District Attorney’s attempt to link the Tragedy of September 11 in New York with the absence of hard evidence in their case against Krzywkowski.

Krzywkowski is serving three consecutive life sentences. After six years of post-conviction representation, arguing violation of Krzywkowski’s constitutional rights and ineffective assistance of counsel, the Ohio Public Defender withdrew from presenting further appeals in June 2008 when the U.S. District Court denied continuance.

Grady Krzywkowski’s own statement

This is a true story of an innocent man who has been falsely accused, and illegally tried and convicted, of a crime he did not commit. If you read and examine my case story, legal documents and other material, which is posted on-line, you will not only see that my conviction is unconstitutional but was orchestrated by the State in an intentionally mock trial. As a result, I am being illegally held in prison and deprived of life and liberty.

My objective is to show the world the facts concerning my innocence, material facts that were purposely kept out of the way at the trial. I am confident you will see that there was a deliberate and conscious indifference by prosecutors, police, judges, and legal counsel in their failure to pursue their obligations and perform official duties sworn to under oath. You will observe their negligence through the facts and legal material posted here for the years 1998, 1999, and 2000 to present, and all that my family and the alleged co-defendants were subjected to during the investigation and processing of this case.

When an individual is illegally incarcerated with no opportunity to prove his innocence – and this has happened to me – when our judicial system refuses to address, or ignores, claims; when evidence is not allowed to be introduced, the incarcerated has every right to prove his innocence denied.

Grady Krzywkowski's ex-wife — Grady Krzywkowski’s ex-wife

Disclaimer: The files and photos on this page are not meant to harm but to illustrate!

My Former Wife’s Supporting Letters to Defense Attorney and Judge (pdf)
February 22, 2001 and July 12, 2001

Events Preceding Arrest and Events at Trial (pdf, 16 pages)

How you can help

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Direct inquiries to Grady Krzywkowski via JPay.com or regular mail (see postal address above).

I am in need of any legal professional or layman’s assistance. There’s a lot of information and evidence out there that was never investigated or preserved on record ( Pre-Arrest and Post-Arrest Synopsis (pdf)); and which not only proves my innocence, but also shows the negligence and misconduct of several governmental agencies in order to sustain a conviction at all costs. The Ohio Public Defender’s Office, which has been representing me, has never been in a financial position to provide me with the investigative tools needed to prove that I did not commit this crime.

I am left to my own devices to find ways to present the evidence in support of my innocence. If you want to donate to my cause, the steps to take are explained on the website of the Ohio’s Department of Rehabilitation and Correction.