11:19pm

Earnest had an alibi. At the time of the crime, Earnest was at his aunt's house.

Conviction

A jury convicted Earnest based on witness testimony that described one of the men as "dark skinned with braided hair."

resentencing

Even though the judge knew the co-defendant confessed, he confirmed Earnest's sentence of 60-80 years.

pardons hearing

Today, the only way Earnest can be released is with a commutation of his sentence and a pardon.

The

Facts

of the case

"Someone has to pay..."
Street

When It All Began: 11:19 p.m.

On August 31, 1999, Robert Sommerville, Shawon McBride, Dante Chillous, and Earnest Jackson were riding around and ended up near the Redman Apartments, where they conversed in the parking lot with a group of people, one of whom was Shalamar Cooperrider. Later that evening, Lance (“Larry”) Perry and Elexsis Fulton were outside Perry’s apartment located at 4614 Redman Avenue. Shortly before midnight, an argument led to the shooting and killing of Perry. 

Officer Harold Scott of the Omaha Police Department arrived at the scene of the shooting at approximately 12:30 a.m. and discovered Perry's body on the sidewalk in front of 4614 Redman Avenue, surrounded by a crowd of people. Omaha police officer Stefan Davis, upon nearing the scene of the murder, was notified of people who had fled the area. Later, Davis received notification that all suspects were in custody. Earnest, however, was not arrested until October 9, 1999 (a little over a month after the crime).

Court
The Original Trial: Conviction

In 2000, a jury found Earnest Jackson guilty of first-degree murder but acquitted him of the use of a deadly weapon charge.

Earnest was only 17 years old.

 

The court sentenced Earnest to life imprisonment for the first-degree murder conviction. Jackson’s conviction solely rested on the testimony of eyewitness Elexsis Fulton. The identifying facts were slim: a man who was “dark-skinned with braided hair and a blue “FUBU” brand shirt.”

In subsequent trials, co-defendant Cooperrider admitted to the murder of Perry and was acquitted on self-defense grounds. Cooperrider testified that he was present at the scene, that he fired his handgun several times in self-defense, and that he did not see Jackson at the scene. He maintained this testimony both at his own trial, and Chillous’s trial. Cooperrider was not convicted of a crime and was sent home on the basis of self-defense (acquittal). Chillous was also not convicted. But for Earnest, it was too late — his conviction was upheld under State v. Jackson, 264 Neb. 420, 648 N.W.2d 282 (2002). Jackson remained convicted and incarcerated even after Cooperrider confessed. 

Opportunity for a Second Chance: Resentencing following Miller

After a series of appeals, Earnest's life sentence was vacated because he was sentenced to a life term at the age of 17 years old. Under a new SCOTUS decision, this violated the 8th Amendment (Miller v. Alabama). The court went on to state, "But we still have a person here who is dead, and your client, the defendant, was convicted of his murder, and so I think anything but a substantial period of incarceration would be inappropriate."

 

The sentencing hearing, the district court stated that it had to consider the fact that a jury convicted the defendant of first-degree murder - even though another man (Cooperrider) confessed to the crime, stated that Earnest was not present, and ultimately was not convicted on the basis of self defense. 

The court stated that it had crafted a sentence that would allow Earnest to work toward a future release after a substantial additional period of incarceration. Jackson was resentenced to 60 to 80 years of imprisonment with credit for the 6,044 days that he had already served. The court calculated that Earnest would be eligible for parole in about 13.5 years. This sentence was upheld under State v. Jackson,  297 Neb. 22, 899 N.W.2d 295 (2017)

This was huge shock. While Cooperrider had previously admitted to the crime, and was acquitted - Earnest was still serving a sentence for something he did not do. 

A potential route home: Previous state legislative history

In January 2021, a legislative push to retry Earnest's case was led by Nebraska state senator Justin Wayne. Sen. Wayne filed LB 28 - this bill amends the Nebraska Post Conviction Act and its mechanisms determining when a new trial may be available after someone was already convicted. LB 28 changes current language to permit a motion for a new trial when there is testimonial evidence (i.e., a confession, eye witness, etc.) that was not available to be considered during a defendant's trial because the individual who made statements as evidence invoked their right under the Constitution or an applicable privilege.

 

 

That's right: The confession made by another man after Earnest was charged and convicted? LB 28 gives Earnest a chance for a jury to hear this evidence. Getting LB 28 passed hasn't been easy. In 2021, LB 28 failed by merely one vote despite successfully making it through committee and onto the unicameral floor.

 

In 2022, Sen. Wayne refiled LB 28 — see our fact sheet here. However, it never so much as received a committee hearing. LB28 died in committee at the expiration of the 2022 legislative session.

 

Even after two failed attempts at passing this legislation, we are determined to try again. This bill can be filed during Nebraska’s 2023 legislative session commencing in January, but it may assume a different bill number. 

Nebraska Board of Pardons denies commutation request

Earnest's appeals are effectively exhausted. Nebraska's Post Conviction Act severely limits post- conviction appeals for a staggeringly short statute of limitations unless new evidence, defined narrowly, is produced. LB 28 attempts to remedy this, however, if relief is not available through the Nebraska legislature, then a sentence commutation is Earnest’s only way home after a nearly 23 year sentence.

 

A commutation would reduce the punishment of the crime and a pardon would remove any remaining time required to serve, effectively sending Earnest home. The Nebraska Board of Pardons is comprised of the Governor, Secretary of State, and State Attorney General. Unfortunately, Earnest’s recent request for a sentence commutation was heard on September 19th, 2022 and unanimously denied — despite Larry Perry’s only child writing the Board and requesting a commutation be granted.

Earnest issued a message to his supporters the day following his commutation denial.

 

“Thank you to all of the supporters near & far. It means the world to me & my family to have you all on this journey with us. As I have always said, this is not a print, this is a marathon! I hope you are all ready for the next rally to support the legislation bill. Thanks again. Much love, more respect!”

                                                                                     - Earnest Jackson

 

As we continue our advocacy journey for Earnest Jackson, we invite you to join with us in calling for just legislation and swift a commutation of Earnest’s sentence.

Together, we can #SendEarnestHome.