Professional Documents
Culture Documents
Texas, I Was Innocent
Texas, I Was Innocent
Texas, I Was Innocent
&
Peter Bellamy
http://www.freegregwright.com
Thank you for bringing out a part of me that I never realized existed; thank you
for the smiles and laughter and for making me your wife; but most of all thank
you for being you and for loving me. Rest in peace my wonderful husband.......we
didn't say goodbye in our last spoken words to one another and this is not
goodbye...........until we meet again......... ALL MY LOVE FOREVER., Connie.
I will never ever forget our true friendship. You are forever in my heart, my kids’
hearts, and all my students’. You are deeply loved and will be deeply missed, but
never forgotten. I send you all my unconditional love and cheek kisses as usual :)
Love ya big guy, mucho more than mucho most :) Your bestest friend, Bente :)
I feel so privileged to have been your penpal for ten years. Your love,
kindness and concern for others was an example to us all. I miss your letters and
friendship. From my children Roseanna, Louis, Alex and Etain, thank you for
being their friend and for all the artwork you sent them. We know we will meet
you in heaven where you are now, free and at peace. With love, Jenny
PREFACE
The story that is to be told in these pages is about the spirit of one man, Gregory
Edward Wright, wrongfully killed by the state of Texas on October 30th 2008,
two days short of his 43rd birthday. Greg was known affectionately by his family
and friends as “Tony” during some of his happiest experiences in life, so I will
use that name throughout the book in commentary, but in his letters and
conversations with me, you will see the name Greg. This is not an autobiography
of his life, but a tribute and appreciation of the man – a friend who touched my
heart, and those of many others, in an extraordinary way and in extraordinary
circumstances. It is a true story, largely told by Tony himself from his death row
cell in Texas – with some commentary from myself.
Tony was, in my view, and according to the final evidence presented to
prosecution officials, the trial judge, and to the Appeal Courts of Texas and the
USA, innocent of the murder of Donna Vick in 1997. In spite of the desperate
and vigorous efforts of his attorneys and friends, only the Fifth Circuit Court of
Criminal Appeals accepted that the evidence used against him did not prove him
guilty of murder, but then, with a cynicism almost unique to its jurisdiction,
condemned him to death by reference to the Law of Parties – a much criticized
Texas law that has caught up other innocent people during its history of use. In
fact, Tony was expressly not charged under this law, but in the words of his
attorneys, “the Fifth Circuit Court committed legal fraud by applying it in
defiance of the evidence of his innocence”. Given an unsolicited written
confession from a co-accused, which also absolved Tony of any part in the crime,
the decision to execute and refuse a retrial was an act in defiance of truth, justice
and humanity.
Greg's final words put to shame those officials who either with deliberate intent,
or with indifference, chose to ignore the pleas and evidence of an innocent man:
“There has been a lot of confusion on who done this. I know you all want closure. Donna had
her Christianity intact when she died. She never went to a drug house. John Adams lied. He
went to the police and told them a story. He made deals and sold stuff to keep from going to
prison. I left the house, and I left him there. My only act or involvement was not telling on him.
John Adams is the one that killed Donna Vick. I took a polygraph and passed. John Adams
never volunteered to take one. I have done everything in my power. Donna Vick helped me; she
took me off the street. I was a truck driver; my CDL was still active. Donna gave me
everything I could ask for. I helped her around the yard. I helped her around the house. She
asked if there were anyone else to help. I am a Christian myself, so I told her about John
Adams. We picked him up at a dope house. I did not know he was a career criminal. When
we got to the house he was jonesin for drugs. He has to go to Dallas. I was in the bathroom
when he attacked. I am deaf in one ear and I thought the TV was up too loud. I ran into the
bedroom. By the time I came in, when I tried to help her with first aid, it was too late. The
veins were cut on her throat. He stabbed her in her heart, and that's what killed her. I told
John Adams, "turn yourself in or hit the high road." I owed him a favor because he pulled
someone off my back. I was in a fight downtown. Two or three days later he turned on me. I
have done everything to prove my innocence. Before you is an innocent man. I love my family. I'll
be waiting on ya'll. I'm finished talking.”
- Gregory “Tony” Wright, Oct. 30th 2008
I know that some of you will never believe or admit to Tony’s innocence,
whatever evidence we point to. There appear to be no legal avenues we can take
to press our case, though Tony hoped there might be if he lost his fight for life.
Those of us who came to know Tony, and to study his case minutely, do believe
in his innocence – and condemn Texas and the US Supreme Court for his willful
and wrongful death. It was, finally, an unforgivable and cruel act. The following
pages tell you about the love, the friendship and the respect I and other close
friends enjoyed with Tony during his incarceration. Most of these words come
from Tony himself through his many letters to me. But words alone cannot
convey our sense of loss – only our pride in a man we were privileged to call a
friend, and who faced the tyranny of a broken legal process with honor and
courage.
I should like to make clear that although you will read of Tony’s sometimes
tempestuous relationship with his attorney, Counselor Anton, this reflected an
inevitable consequence of the disappointment he endured over long years of
rejected Appeals. Tony studied the law, and the many death row cases that went
before him. He understood the great handicap imposed by the legal decisions and
strategies of the trial judge and prosecutor respectively, and of the failings of his
trial and first habeas appeal attorneys. Some comments were born therefore of
frustration, but Tony truly maintained great respect and appreciation of
Counselor Anton and his colleagues to the end. – Peter Bellamy
Chapter 1
A new penpal
It was a simple discrete advert in an Open University magazine, but it caught my
attention and gave me a nagging feeling of interest. A website was mentioned,
and I decided to take a look. I hadn't much time then, but I “bookmarked” the
site, and returned to it a few days later.
I had been retired from teaching for almost two years, but had kept myself busy
since – with family, with gardening, with country walking, with setting up an
Internet business selling secondhand books and videos, with completing a short
course with the Open University, and more. I looked at the words again:
Make a difference
Could you befriend a US death row prisoner?
Make someone's life better with your letters
Well, could I? The concept of the death penalty was anathema to me, as it had
been when I had debated the topic while a student at school so many years ago. I
knew a little about the conditions in some US prisons from TV documentaries,
and the thought of anyone having to endure long years in them horrified me. It
was not that I thought prison itself was wrong, but I had never seen a
justification, that satisfied me, that they should be anything other than humane
institutions whose priority should always be to reform, or treat by education and
other forms of care. Loss of freedom was punishment enough, whatever the
crime, and I could not countenance another meaningless death via the death
penalty.
I knew others of course would decry my “liberalism”. I made my decision. I
would write to express my interest in becoming a writer and penpal of a US death
row prisoner. A few days later, and after a simple vetting process, I had a letter
from the coordinator for the State of Texas, on behalf of the UK organization
that had placed the advert. I was given a name and address to write to, and was
told that Gregory Edward Wright was seeking a penpal and had been told to
expect an introductory letter from me.
It took a long time to write that first letter. I tried to place myself in the position
of a death row prisoner receiving an offer of friendship from a stranger in a
foreign country. What would he expect? I decided to write simply and openly
about myself, my situation, my interests … and to trust that “Tony”, as I much
later came to know he was known by family and friends from his younger days,
would see sincerity and honesty behind my words. I had not chosen Tony from a
list of potential penpals, his was the name allocated to me. I ended that first letter
thus:
I am really looking forward to hearing from you. Whatever you want to write about is fine with
me. I don’t know whether you have other penpals from this or other organizations, but feel free
to write as often or as little as you want. I have tried to keep this first letter fairly brief but at
the same time long enough to give a reasonable picture of who I am. If you decide you want me
to continue to write I shall be very pleased. I like writing so it is no chore – and I’m here for as
long as you want.
In the next few days, when I had the time to sit at my computer and browse the
Internet, I decided I really should investigate what the current position was in the
US regarding the death penalty in general, and about death row in Texas in
particular. My decision to write to an inmate had been entirely based on a long-
time opposition to the death penalty. It had not been abolished in the UK when I
had been at school, forty years ago. I had decided to write as an act of humanity,
to show that I, and hopefully many others around the world, considered the
concept of the death penalty to be anathema to the Christian community, and to
the values and beliefs that we hold as fellow human beings. My researches had
scarcely begun when I began to realize the scale and depth of the issue that was
to become my obsession to this day.
I eventually discovered a reference to Tony on an official Texas website that
briefly stated the crime for which he was on death row. Soon after, I came across
a Norwegian website, written in English, which gave considerably more
background to his case, and showed that he had at least one other supporter. For
the first time, it showed me that this man I had written to, but had not yet
received a response, both claimed his innocence and had issues that were far
from clearcut or resolved. Naturally enough, I began to wonder what I was letting
myself in for.
I had been warned that turnaround times for penpal letters were unpredictable,
both for reasons of international postal services and prison handling issues, and
also because inmates themselves sometimes had irregular response inclinations or
practical problems of stationery or postage. I decided I would write an early
follow-up letter and not wait for a response to the first. Six days after the first, I
posted the second. It began:
I’m told that it takes about a week for you to receive a letter from the UK and about the same
the other way, so I decided you might like an early follow-up even though I shan't yet have heard
from you. Anyway, I realize you might not be able to respond to everything I might send, and I
won’t expect that. When or if I do hear from you the first time, I will arrange to send some
funds to help with stationery and stamps etc to help out in that direction.
The rest of the letter described what I had been doing during the week, the places
I had visited, and a little about my Internet business. It seemed a little surreal to
be writing to an American prison inmate in this way, but the advice from the
penpal organization had indicated that inmates were appreciative of this “window
on the ordinary world” which was denied to them. It gave their imaginations a
little color and stimulated their treasured memories of happier days in the free
world. This is what I wrote of my business activities on the Internet:
The little business continues to tick over. I usually sell between 30 and 40 items, sometimes
more, a month. These are mostly books now, but I also sell the odd video or CD from my old
collection. I also import a DVD – The Red Balloon – from Korea (and sometimes from the
US) and sell maybe one or two a week. I only buy them singly because if I tried to sell more I
wouldn’t be able to keep the profit margin up. Fortunately I seem to be the only person selling
them on Amazon at the moment. If you don’t know it, The Red Balloon is an old French film,
virtually without dialogue, about a young boy who befriends a balloon, and the little adventures
they have together before the other local boys capture the balloon from him and burst it. The film
ends with all the balloons of Paris escaping and descending around the boy who is then
transported up into the sky above Paris, holding on to them. Young kids love it, and I think
their parents love it even more! You would be surprised at how many elderly people seem to buy
it as a nostalgia item as well! I don’t know whether you are able to receive books at the present
time, but if you are and have an interest, if you let me know what you might like (author or
type or subject etc) I will see what I can arrange through the approved sources. I have enclosed a
photocopy of a short story by W. Somerset Maugham that might amuse you (I hope this is
allowed with the letter). Looking forward to hearing from you in due course.
As you will read in the next chapter of extracts from Tony's letters, he found that
short story by W. Somerset Maugham somewhat wanting!
As it happens, our intermediary had told Tony to expect a letter from a female
penpal! However, his reply was friendly, and it seemed that he had found
something about my letter to encourage him to write back, as you will see. Those
early exchanges were a real eye-opener to me. Whatever your preconceptions
about the men and women on America's death row, I suggest you be prepared to
have them challenged. To read the propaganda of many death penalty supporters,
you could be excused for imagining the worst – as indeed, the death penalty is
claimed to be reserved for the worst of the worst. The reality can be very
different, and in Tony, I quickly discovered a polite, literate and interesting man
with a quietness that belied his situation. I also found a man who had reached a
point of incarceration and legal process that was now causing much distress and
desperation to him. It seemed that my appearance in his life was a timely one.
I had written three letters to Tony before I received his initial reply. As you will
see below, in the extract from my fourth letter to him, I was delighted to receive
it.
Hi Greg
Your first letter arrived today – my birthday as it happens (57) – so I was doubly pleased to
receive it. Thanks for the frank manner and personal background. It gives me a good idea of the
things that will interest you.
I suppose I had first better try to reassure you of my sexuality! I am genuinely heterosexual
though I have never married. It’s just one of those things. The issue of marriage has never
bothered me too much. Perhaps I allowed my work in teaching to over-dominate my life, but
marriage is not everyone’s destiny and I’m comfortable with the life I have had, and continue to
have.
You mention your interest in religion. Likewise, I used to go to church in my younger days and
into my early teens. At first it was to the Methodist church because my father liked that, and
also because I went to the scouts that was attached to it. Later I went to C of E churches for a
time and then tried others to see what the differences were – Baptist and Roman Catholic.
Again, like yourself, by the time I reached mid-teens, life seemed to be full of other things and
attending church less important. Later in life I started going regularly to St Alban’s Abbey
(also known as St Alban’s Cathedral). These days, the journey is a bit too far and I only go
occasionally. When on holiday I make a point of visiting churches and Cathedrals – not for
their architecture and history, interesting as that is – but for the sense of peace and wonder and
awe. I can’t profess to be a student of religion but I try to live my life with the values of
Christianity, and certainly I believe in God as a force of good and redemption. I am happy that
you find comfort and interest in Him and if there are issues you would like to explore in our
correspondence on the subject, I will be happy to engage these with you. I have found the Church
of Christ website you mentioned and this gives access to many resources, including bible study
guides etc.
As you will have seen from my last letter, I have come across the website constructed by your
Norwegian friends. I saw the site a couple of days after my first letter to you. I was just looking
to see what information I could find about penal conditions in Texas and if there were
organizations pushing for reform. I found out quite a lot, and there was a link to your site from
one of them. As you say, your Norwegian friends have done a pretty good job. I will have a
think about how we can make it more widely known and will get in touch with them. I put a
link to it from my own business website just a few hours after seeing it, so hopefully that is a
start. Also, I’m sure we can make several improvements with a bit of thought, and I am
thinking about maybe a ‘sister’ site to the existing one – though not without your approval of
course. I have a fair bit of experience now of putting together websites. I hope you don’t mind me
trying to contact your friends to discuss this.
I have now read a lot about Polunsky from a variety of websites and I ‘understand’ the
difficulties you are facing - if that doesn’t sound too outrageous. I’m happy to help in any way I
can. I hope this correspondence is a useful beginning. If I have any skills or facilities that can
help you, I’m happy to put them to use in your interest. If you have any particular thoughts
about that, I hope you’ll let me know. Meanwhile, there is much I am sure that we can talk
about that will keep you abreast of events and in contact with the world beyond the walls of
Polunsky.
I said before that, if they are needed, I would arrange for some immediate funds to help ensure
you are able to continue our exchanges. I will re-read the information I have from Human
Writes about how to do this, though I think from memory I need a deposit form from you. I
don’t know how much support you are getting from other quarters, or from your own resources,
but if there are other specific things I can help with, such as books or magazine subscriptions, let
me know. Meanwhile I will continue to write weekly and to try to include material that will give
you something to think about and hopefully smile at from time to time. I’m glad to see you have
the use of a typewriter – don’t worry about spelling etc. My typing skills are strictly limited and
if it weren’t for the computer to correct mistakes, my letters would certainly include more than
yours!
I have just found the site where I got the link to your website the first time. It’s the Texas
Coalition to Abolish the Death Penalty (www.tcadp.org). They have an external link to Rick
Halperin’s site at the SMU private university in Dallas which has a list of other inmate’s
websites as well. I have just downloaded a form to join TCADP. They seem to be well
organized and active.
In the course of one month, I had written five letters and received two. Already, I
felt comfortable in writing to Tony, and satisfied that he was likely to prove an
interesting correspondent. I was encouraged by his responses that he would be
able to find similar satisfaction. On the 4th July 2005 I wrote:
I haven’t asked about the legal aspects yet that may be pending, though I have read through the
appeal papers that your website refers to. It looks like they were submitted a couple of years ago
now. If you want to tell me anything about that, I would be interested. You have mentioned
your attorney and I assume he/she keeps in contact and is still pursuing the matter. It is
difficult for me to ask you questions about this directly, not least because I know nothing of US
law and procedures, but you can take my interest for granted and if there is anything you want
to share or that you feel I might be able to help with, please don’t feel constrained on my behalf.
I have been hugely impressed with your two letters so far Greg and you have made it easy for me
to be able to feel that our friendship can develop freely and with some good measure of empathy.
I hope mine have in some way been as successful for you. I have tried anyway, and will continue
to try to bring to this friendship honesty and commitment. I pray that in time your situation will
improve but meanwhile you can rely on such support as I am able to give. As you have invited
me to ask any questions, likewise I am happy to respond to yours.
I continued to try to find ways to encourage Tony to use our developing
friendship as a means to broaden his world. I felt that if I were in his position,
that is what I would have needed – to feel and experience a real engagement with
the world which was being denied me through the oppression of high security
confinement and the weight of legal threat to my life. Especially if I was
innocent!
On July 7th, I wrote:
You mentioned a correspondence course in law. I know they can be expensive but it helps if the
courses are well broken up in modular units so that you don’t have to pay so much up front so
to speak. The most difficult aspects from your point of view are probably that so many are now
Internet linked and/or need access to audio or video playback facilities. But again, if you find
anything of interest we can always explore the possibilities.
I am looking forward to hearing about your legal situation. Recent developments in Texas
indicate that there is at last, in some quarters, a willingness to review and amend procedures,
though there is a long way to go before they meet best practice in the US, so far as I can judge. I
read about that Supreme Court judge retiring recently? She was reported as being a sort of
center liberal, so let’s hope her replacement is not a hard line conservative out of the Bush mold.
Later in the month, on July 19th, I wrote:
Hi Greg
Just got your letter dated 14th. Thanks for the case chronology. I’m appalled at the legal
process, though at the moment I have to say of course that I hardly understand most of it. I will
be trying to understand a little better in the coming weeks. Thanks too for the addresses of your
lawyer and aunt. I will write to both so that they know you have an independent supporter who
is interested and concerned that everything that can be done, to ensure fair process and outcome,
is done. I obviously understand your ‘obsession’ with the legal situation you are facing, and if my
words can encourage any greater commitment on the part of others to continue fighting your
corner, I will do what I can.
The store list was very helpful – again it helps put a picture in my mind of the life you are
leading at the moment and the sort of support that may be helpful to you.
I visited your attorneys website and downloaded his biography. I have enclosed a copy though I
expect you already have it. He seems to be a very experienced lawyer and should know what he
is doing. He also seems to work for a well-regarded practice. I would suggest you try to keep him
on board so to speak, unless things really seem to be going badly. As I said, I will write to him
very soon and introduce myself. I would very much like to know the grounds on which the
Habeas Corpus application was denied.
I looked up the Livingston Church of Christ website again. I printed out some pages so you can
check I have the correct site. The bible correspondence course looks very interesting – and
certainly very helpful. If you have been doing it for four or five years you must be at a pretty
advanced level by now. Although I said I couldn’t claim to be a student of religion, that doesn’t
mean I haven’t explored the bible and the concept of Christianity. Some years ago I bought a
book called ‘The Bible For Everyday Life’, edited by George Carey, a former Archbishop of
Canterbury. It has contributions from theologians from all over the world, including the US.
Unfortunately it’s not available new any longer or I would send you a copy. Here are a couple
prayers I found from another source that you might find useful.
Father, strengthen me by your Spirit to face the trials and difficulties of the day, and help me to
remain faithful to you because you are always faithful to me. Amen
Search me, O God, and know my heart; test me and know my thoughts. Point out anything in
me that offends you, and lead me along the path of everlasting life. Amen
Father, thank you that you know all my concerns and anxieties. I want to commit all aspects of
my life to you so that we can face them together. Help me to let go of my worries and to walk
with you for your glory's sake. Amen
Heavenly Father, when I face difficult people, hard decisions or frustrating circumstances, help
me to be still and remember who you are – the all-powerful God. Amen
I had better get the photocopying/printing done for you now to go with the letter. I hope you’ve
received the first of the funds by now, though maybe you have to wait for a statement to find out?
Don’t forget the last prayer – stay ‘still’ - cool and calm. Don’t let anything get on top of you to
threaten that hard won rating.
You will see that I was even now worrying at the stress Tony was experiencing at
this time. I had read a little of the effect of long term incarceration on the mental
health of inmates on death row, and while Tony's letter to me revealed, already, a
man of considerable resource and intellect, I guessed too that with recent legal
proceedings not going well, that he would inevitably be as taut as a bowstring.
The conditions I was hearing about were clearly contributing nothing to the
peace of mind of a man in his position. I wondered again at the legitimacy of a
penal system and institution that denied the most basic of human comforts and
care to another human being. Not to mention to a man who claimed his
innocence! But my letters continued to try to reassure and to be wide-ranging in
scope, talking about my family, the books I was reading, and current affairs in the
US and UK.
August 7, 2005
Peter - I have received your letter and I have gotten behind in responding. I don't
know what the problem is. I don't seem to have the energy to do much of
anything. Maybe it is because I am not getting enough exercise. I am taking
vitamins, so I know that is not that. Always know that I will answer a letter, even
if I am a little late. Thanks for writing.
Now, the “Raptor” is a bad ass jet. I liked that! Of course the other planes and
jets were just as bad in their day. I also like the stealth jets they have developed.
You are the one that writes most often now. Bente is another. Did I tell you she
flew here and gave me a visit. That was awesome! Remember? She is a teacher in
Norway! My Aunt has been on a two week vacation. If you tried to reach her and
did not get an answer, please try again. She is the type of person that will answer
her email. That also goes for my attorney. He is rather busy and will get back to
you eventually. When he next visits, I will mention your name and that will
remind him, hopefully.
I sent in my hot water pot and my old fan. The hot water pot was leaking and the
fan was broken on one side and on its last legs. I am hoping that the
“authorization” process has been completed and that I am able to get both items
this week. I am having to ask others to heat water for me and then send it though
the bottom of the door.
I am going to have to cut this one a little short. I have a letter to write to a four
year old boy, for his birthday. I think that I am a couple of days late. I forgot to
look at my small calendar. I have two. The small one has the Birthdays written on
it. I was always bad with names and dates and this is the only way that I can
remember, but it seems I am still doing a poor job (SMILE).
Just as soon as Mrs Wilcox sends those copies of my legal request for appeal with
the Fifth Circuit, I will send you a copy. I have not forgotten. I appreciate your
interest. It means a lot to me when someone is interested in my case.
August 9, 2005
Peter - I have just received the two letters that you had sent out on the 2nd and
3rd of this month. The names and addresses of the Senate members will be very
useful and will be added to my legal references. The picture of the F-18 was
awesome!!! I really liked that. Is Philip your nephew?
I have read and re-read your letters and I have made a decision. The deciding
factor was that regardless, we should have something to show for the money that
you are generously contributing. I have always wanted and needed to expand my
educational qualifications. As you have obviously pointed out, an educational
program at this point will only help my situation. I will send a letter to the school
and let them know in advance of our unique situation and let them decide on the
best way for you to arrange the tuition fees. According to the pamphlets that I
have, paying the full sum all at once will allow me to get all of the necessary
books in advance. I will warn you now, there may be additional expenditures for
other reference material, later in the middle of the course. I don't know what to
expect out of this offer, nor do I know anyone that has gone through the course.
The money you send will go directly to them.
Being classified as an “indigent defendant” by the courts means that I qualify for
legal assistance to be appointed to my case, and the State or federal Government
pays the costs and fees. All monies, in my name, are taken into consideration in
this classification process. The regular amounts you are sending are certainly
within the perimeters that have been set. Anything above that, I will not be
allowed to stay on indigent status.
Please do not purchase any more books. Since you have offered help in an
education, then I will dedicate my time to that. Everything else is up to you and
your judgment. You have my authorization to publish whatever you think will
help. Just be sure to tell me what you did so I will know. Hopefully, as time
progresses and my case gets public recognition, someone may come along that
shares our same interests and like you, wishes to help. That will relieve the
burden on you and is one of our main goals. Take charge and do what you feel is
right. We can always go back and correct, but time is important and action must
take precedence, wrong or right.
Something else that I remembered when I was deciding on whether or not to
take your offer and apply for the course; “Give a starving man a fish and you
feed him for the day. Teach him to fish and you feed him for life.”
I feel that right now, my thanks are inadequate for the help that you have offered.
I will do my best and get the best grades that I can achieve. I hope I am not
getting in over my head (SMILE). I am 40 years old you know. Kind of set in my
ways (SMILE). What I have suggested will certainly get some attention. Take care
and I look forward to your next correspondence.
August 11th 2005
Peter – enclosed, please find the 31 page brief that Counselor Anton filed on my
behalf. If you would make a copy and send it to Bente, I sure would appreciate it.
You may put all or part on the webpage. Also, you sent a copy of Counselor
Anton's achievements. Please send her a copy of that and send me one more
copy. Thanks! Please let me know when you get this and I would like your
assessment of the brief.
August 22nd 2005
Peter -I thank you for ALL of this help that you have been giving to me. You just
do not know how much you have helped me. Even though I am facing death, I
feel that some of the weight of the situation has been lifted. You certainly have
my undying gratitude.
With all of this legal business on my mind, and trying to send out copies of the
brief that I sent to you, I am only now finishing The Black Silent. I thought that
it was pretty good. I have only two or three chapters left. I was finally able to get
some coffee, and sat up last night and read about 100 pages before breakfast and
then I went to sleep. Our meal schedules are wild. We eat breakfast at 3.00 to
4.00 a.m. in the mornings. Lunch starts around 9.30 and can be delayed until
12.00 a.m.. Supper starts around 3.30 and can last until past 6.00 p.m..
I am going to send you some more information about what was left out at my
trial. When you have finished copying it, please send this stuff back. Also, page
25 was missing in that brief I sent you. You can ask my attorney yourself, via the
Internet, or wait until he sends it to me. Right now he is not answering my letters
or visiting, so I do not know what he is doing. You have my permission to put
anything on that Blog that you feel should be there. You certainly know better
than I do.
Ownership, of any kind, is the usual defense stance of the American populace.
Gun ownership is just one of many. Actually, there is a much bigger dispute over
the Government stepping in and taking land. They do give double the going price
and then some, but you can still lose your land if the Government decide
something else needs to occupy its area. This is only happening in the urban
areas, so far, and it is fairly new. Although we have a large Police Force in the
urban areas, they cannot be everywhere. Criminals will not be where they can be
caught, in the first place. Owning a gun is a way to defend yourself against the
criminal element.
There exist places where a gun is never needed. However, there are also places
where you do not know who is who. Criminals never bother with the legal
process. They get a gun and carry it illegally. Citizens want not only to defend
themselves, but to feel more independent. Personally I do not want anyone to
fight my fights or to take up for me. I am certainly not the only one. I have never
called the Police for anything in my life and there have been many situations in
which others in the same position would have. Another thing that I take pride in,
I have never used a weapon in my life against another person. I have taken guns
and knives away, and I have been outnumbered. I have gotten my ass whipped
and I have given a few. I played football in High School and I also wrestled a
couple of years.
For me personally, I never needed a gun, except of course for hunting wild game.
When I moved to the urban area, that was no longer needed. I went deer hunting
a few times as a teen, and I have gone rabbit hunting I don't know how many
times. All as a teenager though. Some citizens feel more protected with a gun and
therefore feel they have a right to own one. Especially if they do not have a
criminal record themselves.
The calendar idea is very good. You should be sure to include little notices of
certain holidays in the country that you plan to sell them in. That would mean
more than one calendar and a little more research into the various holidays of
each particular country. Will you include pictures of anything? Some calendars
have pictures.
I guess that is about it for this letter. Thanks for sending me the comments
Justice Stevens had made concerning the Death Penalty. He has referred to it in
other, earlier cases also. Anything you need me to do, let me know. Everything
that you are doing is helping me, big time. I just hope that it is not too late. The
District Judge turned down that Brief that I sent you. Now we take the same
issues and file anyway with the Fifth circuit, but since the District Court Judge
denied our request for a Certificate of Appealability (C.O.A.), then we may not
get any help. That means my last chance will be an appeal to the U.S. Supreme
Court. It does not look good at this point. I should have gotten a reversal in the
District Court.
August 24, 2005
Peter – today I find myself playing “catch-up” to all of the letters that I have
been receiving. I have two new writers. I have also received about three of the
envelopes that you have sent. Past few days our mail has been running rather late.
I have read everything and I did receive everything you sent except one of the
envelopes that contained the other half of the Brief. It may come later.
If it is possible, I would like for you to access the website of the Houston
Chronicle newspaper. This is the main newspaper of the city of Houston. I think
that there are about two million people in that city and it lies about 100 miles due
south of Livingston. I used to get this newspaper, but it is very expensive and
with overnight delivery, proved too much for my Aunt alone to keep up the
subscription. It was my decision to cancel however. The USA Today newspaper
is about half of what the Houston Chronicle costs. After reaching their site, see if
they have a search engine. They should. You will be looking for anything that
involves the death penalty in the State of Texas. In particular is a column entitled:
Texas Death Penalty – A Broken System. This was in two parts, maybe three.
Search the years 1999 up to the present for any relevant columns. You should
find many. I have not received that particular newspaper in about two years. It is
one of the best on reporting the death penalty process and the problems it
suffers. Arm yourself with that knowledge and then go investigate (SMILE).
Thanks for sending that to Margie. She has already sent a letter stating that she
has received the money order. Of course, she does not know what to do with it
as of yet. She wants to place it on my account. I wrote back and told her to keep
it, that it will disappear before she knew it (SMILE).
I am sending some information on this case. These statements were not seen by
my trial jury and with the exception of Nealy, all testified against Adams at his
trial. As soon as I get enough stamps, I will send you the State's Response to my
Habeas Brief, and then my Habeas Brief. Use whatever you feel is necessary. This
is all public record and can be accessed.
We are only allowed to purchase so many stamps at each request. It seems we
have limitations on just about everything. I have the money, thanks to you, but I
have to accumulate the quantity to send these Briefs to you. Slowly but surely, I
will have you fully informed on my legal situation (SMILE).
Books – I have a bookstore I am asking that you access on the Internet. I do not
know if you have to be a member or not. It is for attorneys. From what I can
gather, they deliver through amazon.com. The book I am requesting is for you
and I both. Send me a copy and get yourself a copy as well: Death by Design:
Capital Punishment As a Social Psychological System by Dr. Craig Haney 352
pages $35.00.
As for contacting my attorney. He is not responding to my letters either. I am not
even going to attempt to speculate as to why he is not keeping in contact with
me. I do know that he has many cases, but his legal assistant could answer some
of my questions, as well as some of yours. I think that in order to get a response,
a telephone call is necessary. Once you get hold of him, tell him that I am trying
to find him and that it is very important that I speak to him. Also remind him
that he has not answered my letters.
Just as soon as the Blackstone Institute get back to me, then I will tell you what
all they said. Better yet, I will just send you the letter they send me.
You mean Philip is going where no-one will speak his language? That should be a
lasting memory (SMILE).
The website in Norway was created by Evy, an adult student of Bente's.
However, both put the site together, The thing is, the site could not be
maintained and I was unable to get any updates added. Personally I think we
should maybe set up a new one or concentrate on the Blog. See what Bente
thinks as well. By now you two should be communicating via email. As you
know, she is a teacher and very cerebral, such as yourself. You arrived on the
scene in the nick of time, I pray (SMILE).
Peter, once again I have to thank you for all that you are doing. I have no idea
where I would be, or my mindset, if you had not offered the help that you have
given. My Father, Step-Mother and Aunt have all helped as far as they could.
They have bought books for my legal education, made deposits to my account
when they could, and made sure I had all I needed to keep up with world news.
No way would I have asked for more. You were an answer to my prayers. I am
glad you are a fellow believer. We need to get my attorney on the same
bandwagon, or at least on the same page (SMILE).
I almost forgot. My case and the facts are not secrets. You may ask any questions
that you wish. If I feel that the question will be used against me, I will answer as
such, but in a way that a “spin” cannot be placed on it. As I have stated, I have
educated myself with legal matters and understand the process. Ask anything you
wish.
Chapter 3
Building trust + Tony's letters Sept. – Nov. 2005
The next few months were difficult ones for Tony. My correspondence with him,
and the linking up with Bente to form the nucleus of a body of supporters, was
beginning to give him encouragement and a new energy to fight for his freedom.
Bente had been here before me and, with her help, I was quickly able to gain a
broad insight into the difficulties we all faced. I also made my first contacts with
Tony's family.
But Tony ran into a problem with the prison personnel over an issue of water
quality. I think he was also feeling insecure and unhappy with some of the other
inmates on the pod. His restlessness was compounded by the intense
disappointment of recent rejections in the courts, and the surfacing of
frustrations at the limited interaction he had with his attorney. Although he
understood that he was not in a position to claim more of his attorney’s time, he
felt that he should be given a greater input and oversight of the documentation
being put forward in his name to the courts. Throughout his incarceration Tony
had put into practice the philosophy with which he had lived most of his life –
that he would try to defend himself, and others, rather than be entirely reliant on
other people. He had therefore read widely and deeply the relevant criminal law
and legal procedures to be followed in both Texas and federal courts. He had
acquired a small library of key law books which he supplemented with legal
magazines and newspapers. Although I'm sure that his attorney appreciated
Tony's need to understand the legal process, I'm not sure that he appreciated
Tony's capacity to contribute directly to the formulation of legal strategy and
documentation. My feeling at this time was that Tony felt that the relationship
between them represented a gulf between the commitment expected of a court
appointed attorney and that which would be offered to a paying client. Whether
this fear was justified I don't know, but it was to simmer throughout the
remainder of his life. Comments made in some of the judgments against him
certainly gave strength to his view that his requests for input to some submissions
may have led to more favorable outcomes. On the other hand, I know that the
Texas legal framework is restrictive and that the judgments made on Tony's
behalf by his attorneys, at this time, were considered and professional ones.
As I received more information from Tony, supported by copies of the various
legal documents, including trial transcripts, appeals, and court judgments, I grew
more and more convinced that the prosecution case had been unfair, and also
that the defense team at the time of the trial, and in the first habeas appeal
afterwards, had been unquestionably either negligent or, at best, ill-prepared for
such a serious case, as any capital trial and conviction surely is. At both trial, and
in that so important first habeas appeal, fundamental legal rights had been
unpreserved, and attempts to reopen vital gateways was proving beyond even the
very experienced attorney that had at last been assigned to Tony by the court.
In discussions with Bente and Tony, it was decided that I should revisit the
attempts she had made some years earlier to get support for Tony's case from a
range of State, national and international organizations that specialized in indigent
defense and instances of innocence claims. I also wrote to a number of US
politicians and newspaper editors. Most of the first group of organizations at
least acknowledged my letters, but mostly only to indicate that they were already
overwhelmed with caseloads and could not consider any more. Of the UK
organizations, Amicus indicated they would listen to any request for assistance
from Tony's attorney, and I passed this information to him. Out of the numerous
letters to politicians and newspaper editors, I had only one response – from the
Washington Times. This was friendly and personal, but in the end only indicated
that my letter would be passed to the relevant journalists. I heard no more.
With these continuing disappointments and the problems he was having at the
prison, I was pleased that I had encouraged Tony to start a correspondence
course. His was not a personality that could cope indefinitely with non-
engagement. The course would at least give him a positive focus for his energies
and time, and also give him the feeling that he was gaining worthwhile knowledge
and skills which would stand him in good stead should his appeals eventually be
successful.
In my efforts to engage Counselor Anton in our efforts to widen support for
Tony's case and to gain access to ongoing case details, I found that I was walking
a tightrope. It became clear that while he would welcome financial support for
investigation etc down the line, he did not expect to give back the kind of
support that I considered essential if I was to fulfill the role that Tony was crying
out for. The strain that developed was a mirror reflection of the relationship
between the Counselor and Tony himself. It appeared that he was prepared to do
a “professional” job within the constraints imposed by state funding and the
workload he had accepted from death row, but that he saw no benefit from
engaging with a supporters group. Tony was very much upset by this as he felt
that he could not simply leave his fate in the hands of anyone, however “expert”,
but must be both engaged and in some sense personally responsible for his
ongoing efforts to gain a new trial and eventual freedom. There will be some,
perhaps most, who will say that his attorney was right. Perhaps in practical terms
he actually had no choice. But from Tony's perspective, as an innocent person,
this was unacceptable. Time was running out for the legal process and he needed
more. He could not, would not, accept that he should be totally passive when
everyday he was subjected to humiliating and degrading treatment inside
Polunsky, and at the same time there was no evidence that the legal strategies
being undertaken to obtain recognition of his innocence were working. In spite
of this, I could see no benefit to Tony in losing the services of so obviously an
able and experienced attorney. Neither could I see that we could ever be in a
position to appoint an attorney on a private basis – the funds simply were not
available, especially given the complexity of the case with the involvement of
Adams and the fact that he too was on death row. As we later found, a privately
appointed attorney would wish to review both cases, with a resulting cost tag to
us in excess of $100,000. Such funds did not exist.
So, this is the context of the letter extracts you will now read from Tony, sent to
me from September, through to November of 2005.
September 9, 2005
Hello Peter
Because of our recent holiday, your letters arrived all at once. I am pretty sure I
received everything. I see that you finally got through to my attorney's firm and
his legal assistant. Ms … seems very nice. It might be prudent to just go through
her on most of your correspondence. You speak of certain aspects of the case.
My attorney stated that it would be around five thousand dollars for a full
investigation. I am allotted that much from the government provided the federal
judge grants an Evidentiary Hearing, and then agrees to the expense of an
investigation. Unfortunately, my attempts at an Evidentiary Hearing were spoiled
when the judge denied my entire Federal appellate brief, and then denied my
Certificate of Appealability.
I have been having problems with my mail. I do not know if it is serious or not.
Thanks for ordering that book for me. It should be pretty good. At least, the
review in my legal magazine was good.
I trust any and all decisions that you make concerning the Internet. I cannot see
how things are going and therefore cannot make many recommendations. I
might be able to bring a few ideas, but that would be about it. Whatever you and
Bente decide is certainly fine with me. Thanks for the Houston Chronicle article.
I used to get that paper and it is a great source for information on the death
penalty in Texas.
No, I do not have DNA evidence to offer one of these “Innocence Project”
organizations. I have received questionnaires from them and that is the first main
question that they wish to know. What I do have is poor representation at my
trial and prosecutorial misconduct where the prosecution team withheld
important evidence in my case that I had no idea existed. The fingerprint was
established through “junk science” and that is something else that someone
might be interested in. Yes, that evidence still exists and yes, if I could get an
Evidentiary Hearing, then all of that would be able to be examined. A judge has
to authorize the examination.
I am going to send the denial of my appellate brief and then the denial Order of
my Motion for a C.O.A.. That will allow you to see what the judge stated. Please
make sure you draw the distinction between the state process and the federal
process. What I am sending you is the most recent, and is the federal process.
As for your question about the co-accused, after reading the statement that I sent
you, it is obvious he used me as his scapegoat. Maybe you did not see it that way?
Anyway, no, there will be no help from that individual, unless he really does get
religious and decides to tell the truth. Right now, it is my opinion that he is play-
acting. He has never believed in God, and was a gang member most of his adult
life. They definitely hate religion and Christians. The victim was very religious
and it did not matter to him. Unfortunately, in the yes of those who do not know
him as I do, they are easily fooled. I don't know how else to put it. He is very
convincing.
You asked about that 911 tape. Here is how it went down. I was arrested in
March. My trial started first week of December, the same year. We had that many
months to prepare for the trial. On the very first day of trial, after the Motions
were read, discussed and ruled on, the prosecuting attorney stands up and states
that he has some evidence that he needs to turn over to the defense. You need to
understand that the process is for the prosecution to turn over all evidence of
that nature, long before the trial date. Instead, we get the information about the
911 tape and the existence of this witness, McGaughey (Adult Store manager), on
the first day of trial. The jury is not present and do not hear anything about any
of this evidence.
My attorney wants to know where the tapes are. The prosecutor stated that the
officers that picked up the tape from the Emergency facility, dropped it off at his
office, but from there, they do not know where it went. My attorneys wanted to
speak to the officers. Either the next day or the day after that, the officers were
questioned, but not in front of the jury. The judge always has to decide whether
or not the jury can hear any evidence. There are rules concerning evidence that
must be recognized, and the judge regulates those rules.
Somehow, and I do not know how, the prosecutor was made aware that a 911
emergency call had been placed – not once but twice, by two different people,
concerning a murder in Desoto, Texas. One was by Adams; the other was by
McGaughey. The prosecutor sent two patrol officers to pick up the tapes that
recorded the conversations. The officers testified that they did indeed pick up the
tapes and took them to the offices of the prosecutors. From there, it was decided
that the secretary should be asked, but then the prosecutor stood up and stated
that she was unavailable, but that he had already questioned her, and that she had
stated that she had no knowledge of the tapes. All this happened on the
prosecutor's word and outside of the presence of the jury.
Now the judge decided that since there was no factual evidence of the 911 tapes
and the conversations, then the jury could not be informed. It is considered
“hearsay” until there is some hard evidence to prove the statements. That is the
rules. So, the next step was to produce one of the ones that dialed 911. Why my
attorney did not make Adams take the stand is beyond my comprehension.
Instead, they concentrated their efforts on finding McGaughy. They sent out an
investigator. He found McGaughey's mother, but they could not find him. So the
jury never knew anything about 911 calls or any type of confession from Adams,
other than his self-serving statement that he made when he was finally picked up.
You have read that statement and my jury was introduced to that statement. One
of the rules of evidence is that if a person makes a statement, that statement
cannot be used as evidence unless the one making it takes the witness stand, and
undergoes a cross-examination by the defense attorney. There are exceptions. In
Adams case, he would not have met any and would have had to take the witness
stand. Unfortunately, my attorneys did not ask the Court to produce him. They
only objected on State law grounds against using his statement. It was not enough
and did not protect my Constitutional Right to face my accuser.
Are the 911 tapes lost? I don't know. I think that the secretary still needs to be
sworn in and asked under oath what happened.
As you will notice, my attorney did not use Nealy's statement. Why? I do not
know. I pointed this out to him and he stated that Nealy's attorney asked that we
not bother Nealy. I found this very troubling, and figure that Adams has gotten
to him. We are locked-down in single man cells and I have no way to walk
around and ask Nealy myself. I also hope that Counselor Anton is telling the
truth or that he does not have him mixed up with someone else. To me, it does
not matter whether or not he wants to be bothered; his statement is already in the
State's record and anything in the record is supposed to be used on the federal
appellate process. If my attorney would just let me review and go over everything
before he files it, things like this would not be left out. I swear you do not know
how frustrating it is sometimes.
I am in the process of getting permission to have extra property in my cell for the
college course. As soon as I get that authorization, I will send you the
information and the application, and you can do it all over the Internet. It is late,
so I am going to wrap this up. Once again, I thank you for everything. Take care
and may God always bless your life.
February 6, 2006
Say, heard your voice on the radio program. That was alright!! You sound like
Royalty (SMILE). Big fan of television has given me poor history knowledge and
knowledge of linguistics throughout the World. All English and British sound like
Royalty since that is all I ever watched on television. The English were always
represented by a Royal family in the movies (SMILE). Anyway, thanks for the
shout out. Were you ever able to get the program over the Internet?
Took a two week lay-off on just about everything. I am a little frustrated that
Counselor Anton has not been in contact with me. I really don't expect anything
in this court, however, I do not want Counselor Anton filing anything that I
wouldn't want filed. He may get desperate where I am not. He was wanting to file
on my sentencing phase of my trial. All it would afford is another outlet for the
courts and give me a life sentence on something that I did not do, and it would
knock out my chances of getting the case reviewed in the future.
Just got a picture made. I will send it in my next letter, once I am certain that the
letters are not being tampered with. I will also write an up-date for the web
BLOG. I was waiting to see what Counselor Anton had to enter. Looks like that
I will have to write something without waiting on him.
I think that you stated that others were contacting you. If you do not wish this
much attention, so close to where you live, you know that I would understand. I
am trying to coordinate everyone's efforts so that we are all on the same page.
Your computer prowess and extensive reasoning skills and knowledge cannot be
ignored. It is a huge help.
Professor Halperin never got back to me. I don't know what to think about that
other than to go forward and find another avenue for the help that I needed. I
am still planning on hiring a Polygraph expert. D.. is coming in March to run her
own investigation and collect some other information. We are all a couple of
years late with doing anything like this. I am letting everyone know that now.
I think that Bente is going to visit you sometime. I hope you two get along. She is
really a great person and has been a super friend throughout the years. Let me
know how it all turns out.
February 9, 2006
I am responding to your letter that you had written on the 26th of January. Now,
the way that the mail has been running, I should have received this letter on the
3rd or 6th of this month which would have been a Friday and a Monday for us.
As you can see, I did not get it until Thursday 9th. I just sent in an inquiry to the
mailroom supervisor about the late dates on my mail. I had some magazines that
I had not received either. I am trying to straighten it all out.
D.. has my trial transcripts. She is reading them and scanning them, all at the
same time. This is a huge undertaking. She also has some of the volumes of
Adams' trial. She is supposed to scan those as well. She will be contacting you
with questions about your software. She will send the bulk of the scans to you.
This is public information. You may use any and all for any purpose.
I was supposed to hear from my attorney at the end of January. I have not heard
from him and now of course, I am worried about what he is doing, or better yet,
what he is not doing. I have sent a letter this morning. The document is a request
to appeal to that court. Normal procedure is that the Federal District Court is
supposed to grant such a request. In my case, it was denied. We are now
requesting to appeal without the lower court's permission.
I have received a notice of membership from SCIENCE. I am enclosing the
letter. You will need to have my number for the computer information. I now
assume, that I will indeed be getting a publication, specifically a magazine that is
referred to as a Journal (SMILE)? A huge thank you for getting this.
When I was on level 2 and 3, I was having a problem with keeping up with my
mail because I could not purchase enough postage stamps. Now, however, I am
able to purchase the stamps that I need, being classified as level one. If Connie
wishes to write everyday, that is certainly alright with me. If you wish to write
everyday, that is certainly alright as well. I will answer as many letters as I can and
I am able to keep up with you both, I hope (SMILE). I welcome all of the letters
that I can get. I like getting letters. If you would, repeat this to me in. your next
letter, so that I will know that it got to you unalterred. That is the only way I
know of. I may have Connie to call you, just to make sure. Well...that was another
way (SMILE).
So—The Golden Keel is still unavailable? Bagley is certainly one of the better
writers that I have read. I always recommend his works. I think that I read a little
caption of Snow Tiger and I think it will be good. Don't know about the other.
Thanks for sending them (SMILE). You have left me no time to get into trouble
(SMILE). I have a reputation to maintain, you know?
Thanks for the compliments on the grades. As I had told you when you and I
first wrote, I had already educated myself in the legal field. I know the basics and
the rest is not so hard once you know the basics. You just have to apply what you
learn. The next part is Criminal Law and I already know most of it. I should not
have any problems at all with this section. I always will miss the occasional one,
but not any more than that. It will no doubt be an oversight or an error on my
part and have nothing to do with what I have learned.
Alright, that was the end of your letter. Connie and D.. will be in touch with you,
via E- Mail. When that is compromised, I suggest a phone call or an E-Mail no
one else knows, especially if you have written the address to me. I am not the
only one that reads my mail.
Yes, I am keeping busy. Main worry is Counselor Anton. When he contacts me, I
will let you know what he is doing. He should have contacted me by the time that
you receive this letter.
Take care. Still stretching (SMILE)? Write anytime that you wish and as often as
you wish. That goes for everyone. Mail time is one of highlights of the day.
February 14, 2006
Your letters have arrived all at once. I have gotten behind in my school studies
and decided to complete what I had started last night. I tell you this because it is
now about 5:00 am in the morning and I have to have this ready to mail around
6:30 am. I will also send in my 10th test this morning. I am not behind as far as
the school schedule is concerned. It is my own schedule that I have made for
myself that I have fallen behind on. Let me go ahead and list the dates of the
letters I have just received from you. I have January 27, 28, 30, and February 3.
On the January 27, it has arrived in a plain brown wrapper. Not your usual
envelope. The address seems to be cut out and then attached by thick, clear tape.
The ends have the same thick clear tape on it as well. Did you do this or did the
post office? It has a Royal Mail postage stamp on it and it looks to have been
placed on there before mailing. The address is the only thing that had been added
on. From your letter, all of the contents seem to have arrived with the brown
envelope. You sent the "Sham Appeals" segment and the fingerprint article that I
had sent to you. You also provided a "Publications" list of where the "Sham
Appeals" segment had come from. I had not any luck in finding what you found.
A computer is a marvel (SMILE). I do not have any of the Publications on this
list. If you think that they will further my education without citing personal views,
then I am certainly interested. I will send back the list so that you will know what
I am referring to. Any or all is alright with me. Whatever you think.
Sunday 12th, I had sent in a "shout out" for several people and I had included
you. Were you able to hear that one? If not, I will do it again the first Friday of
March. Plenty of time for this letter to get to you. I see that you have read all of
the Harry Potter books (SMILE). Yes, they were good. I liked them and enjoyed
reading them.
I have several things to be doing now. My main concern is my legal situation and
I need some time to devote to it. I have not done that lately and Counselor
Anton has gone A.W.O.L.. I have not heard from him and do not know the
status of my appeal to the Fifth Circuit Court.
Connie is Margie's daughter. She has kids and grandkids. She wants to help in any
way that she can, and can be trusted just like her Mother. I was wondering if you
were ever having to go to that appeal for your friend? I had not remembered you
writing anything about it and I did not wish to pry. You had written about the
whole ordeal and I had gotten interested. I would appreciate it if you would tell
me the outcome. I am curious (SMILE).
Cold weather does not bother me. I would rather have it than the hot humid
weather that we have here in Texas. Remember, I am not from Texas and did not
grow up in this type of climate. I can sweat just thinking too hard. The hot humid
weather really wears me down. We have not gotten there as of yet, but as you
have suggested, it is warmer than is normal. We do experience a few cold spells,
but they are not that bad at all.
You can contact anyone that you wish. I have written my folks and I am hoping
they write back soon. I was wishing to send my Mother some roses. She has had
some heart troubles of her own. I don't have their new address and I have asked
Kathy (step-Mother) if she would intercede. "Google or Yahoo" and see if you
can get a current address. If you need more information than I have given you,
let me know.
February 17, 2006
I will bet that you called on Friday 10. I was sick all the night before, no sleep,
and when I finally did go to sleep I never made it up in time for the program. I
am told that I had several "shout outs". Connie even had a special shout out to
me and I missed it. I have promised her and now you that I will not miss any
more programs if I can help it. I will be listening to today's program and also
Sunday's.
I have received a letter from you. It is the February 6, letter. That bit on "Dark
Matter" was interesting. I like reading about stuff like that. I still think that they
mostly are guessing what everything is at this point and then modify everything as
they go along. Love the telescopic shots, however. I am having a problem with
understanding how they state that they can see back to when the Universe was in
its first stages. The farthest I understood our capability of seeing was a couple of
hundred light-years. Certainly that is not enough to see the first spreading of the
Universe, but they state that it is. I will bet that everything was speeded up or
happened with speed and then divine intervention slowed everything down and
that the results are going to be way off of the mark. Just a thought. Glad I am not
a scientist (SMILE).
Are you ordering magazines from the U.S. or over there? I will have to get
authorization if it is going to be mailed from over there. Name, address, phone,
and vendor.
I had a good chuckle when I read that you were having to educate some of the
participants in the “free speech” forum debates. Be aware that some may just be
playing dumb to make you frustrated. Half of those that are participating
probably do not know the definition of "democracy", let alone being a part of
one. HA!HA!HA! (SMILE). You can send some of the discussions like you did
before. I like seeing how others think. I have been trying to provide you with all
of the references so that you can put them on the BLOG and educate those you
do interact with in your free speech forum.
Speaking of references, David Dow has a book out that I have not been able to
read. One of the other prisoners was suppose to let me read the edition that they
had, but it never happened. The book is titled "EXECUTED ON A
TECHNICALITY", and I am told that the University of Texas was the
publisher, but I do not know how reliable that is. That University is in Houston,
Texas. If it has cases in the years of 1995-2003, then I would certainly be
interested in what he has written. I am sure that it will help you, as well.
My 9th test, for the Paralegal course, was another 100%. Kind of proud of that. I
hate it that I have slowed down, somewhat, in getting my tests in. I was trying to
average two test per week. A little difficult with the rest of the things that I am
doing. I just have to schedule my time better. I am still way ahead of the allotted
time that they have set. I am trying to beat my execution, in the event I cannot
get any relief. I would like to go with a degree under my belt.
I am doing alright. Still having problems with my mail, magazines in particular,
plus your letters have been arriving rather late. Another reason for my suspicions.
I really do not care for the staff reading my mail, that is their job. There is
nothing in my mail that would interest them, anyway. The prisoners are another
matter entirely. Knowledge for them is always used with the wrong intent. None
of them are happy with themselves, so they try to cause problems for others as
either something to do, or so someone is feeling worse than they are. Take your
pick. It is the common mentality that I am forced to live with. There are a couple
of guards that are just as bad, but you are going to have that in any work situation
where a large number of workers are involved. They would be screened better,
but it is so hard to find guards and officers, that they have to take what will
satisfy the main criteria of no past felony record. These days, even that is hard to
find. So the screening process leaves much to be desired. I guess I have put in my
two pence worth (SMILE).
February 24, 2006
Writing my letter because it is early (04:00 am) and I have just woken up. Did not
feel like hooking up the typewriter.
Glad your Internet phone works. All these gadgets would be expensive toys for
me. I have always loved electronics. Right before I married, I enrolled in
electronics school. I learned the basics, but what with a 12 hour roofing job, and
school 3 nights a week. Something had to go and I sacrificed my school.
Thanks for the printout on Paul Brauchle. He was second chair on the defense
team, but clearly the one with the most experience. It might be prudent to
contact him.
Yes, Bente has sent several letters from some of her students. Was surprised so
many were concerned about an event in another country. I always answer each
one and sent them to Bente. She has been doing this for several years now. A
great woman and a wonderful friend.
Gabbi is making a trip here shortly to Texas. She has one or two others she
writes. I think one has an execution date next month. Probably the reason for her
trip. I will write, thanking her for her gift.
March 15 we petition the Federal Fifth Circuit Court, to be granted the process
of appealing the lower Federal District Court's ruling. In short, we are asking for
the opportunity to appeal in their forum. It is not a guaranteed process. The U.S.
Supreme Court is next.
As always, thanks for being there and helping not only myself, but others as well.
Good people are hard to find. Glad I was able to correspond with you. Take care,
write first chance you get.
Chapter 5
Tony embraces the support + Tony's letters March - May 2006
This period of the year was a very important one for Tony's moral as he
developed his personal relationship with Connie - leading in fact to his proposal
of marriage. At the same time, his studies were yielding great results and there
was the prospect of investigative progress, which might have led to a widening of
favorable evidence if witnesses could be traced. My own correspondence
reflected these developments but also gave him a picture of ordinary family life to
which he could aspire.
Visits by Margie were now being supplemented and sometimes accompanied by
those of Connie. D.. spent a holiday period gathering information, visiting him,
and also investigating in the field with Connie. A great deal of legal material –
mostly transcripts - came my way and I was able to work on these to make them
accessible on the new website that I had prepared. We all felt that Tony had
turned a corner – and the photographs that were coming back to me showed that
Tony was more relaxed and happier in himself than he had been probably since
the start of his incarceration several years earlier. This newfound confidence
showed itself in a variety of ways, and I was pleased to see his efforts to share
and embrace this with members of his family.
My familiarity with the trial transcripts and subsequent appeals grew, and the
submission to the Fifth Circuit for a COA seemed to me to be a strong one.
Nonetheless, as I researched the history of such appeals, and the approaches of
the Fifth Circuit to its work, I was realistic in my expectations. In truth, I was
horrified at the continual references, at all levels of the appeals procedure, to the
simplistic and inflexible adherence to rules and verification of procedure to the
total exclusion, in my view, of the strength and legitimacy of clear errors,
omissions, and dubious prosecutorial practices – both at the trial and
subsequently. It seemed to me that the system of appeal was designed not to
reveal innocence but to enforce a conviction.
At this point, Tony's attorneys were engaging in the process, and fighting, on the
terms layed down by it. Success seemed to rely very much on the willingness of
the Fifth Circuit judges being prepared to open their minds to the possibility of
innocence, yet all the evidence of their earlier judgments suggested that
innocence scarcely came into their deliberations at all. While the courts were
noting and acknowledging a plethora of errors, omissions and even dubious
practice, the same old platitudes were being churned out - that the error was not
harmful, or that a claim was time-barred, or that a “reasonable jury” would not
have changed their minds, or that “the evidence was overwhelming” - when in
fact there was no single piece of conclusive evidence revealed in the trial at all!
Only self-serving hearsay, junk science from a state procured “expert” who was
in conflict with the state's own forensic team, and other circumstantial evidence
that relied very much on Adams' statements, which the prosecution had not been
willing to put any credence upon in his own trial.
The contrast between Tony's trial and Adams' was to haunt me as it haunted
Tony. It revealed a very cynical and ultimately dishonest strategy, to ensure a
death penalty sentence for Tony. That the two trials had been presided over by
the same Judge disturbed me enormously. If the system provided for separate
trials of the men accused of the same crime, it seemed to me that a proper
safeguard of justice demanded separate judges also. While I shared these
concerns with Bente, I could not with Tony himself, for obvious reasons.
Now the extracts from Tony's letters March 2006 - May 2006
March 1, 2006
Hello Peter,
I have just received two of your letters. They are running somewhat late. I must
assume that the mailroom is pretty busy and overburdened. I hate to assume
anything devious and under-handed, but the possibility has crept into my
thoughts, many times.
Yes, please send the results of my tests to my parents and my Aunt. In fact, you
may send them anything you think appropriate. You and I think along the same
level, although you are slightly more educated, nonetheless, you can make sound
decisions and you need not ask my approval.
Fixing to use the money over here for a polygraph expert. May need other
experts, such as a paint splatter specialist. The fund over here should just about
cover everything.
I have received my first SCIENCE magazine and it is everything they have
advertised. It has all of the cutting edge science and technology. This is what
piques my interest the most.
Yes, we are to submit a request, to appeal in the Fifth Circuit forum. The proper
procedure is to get this permission from the lower Federal District Judge. He has
denied our request. So, we are attempting to appeal anyway. After this, we are
headed to the U.S. Supreme Court. That is the last stop.
Yes Connie did get her interview. It was mainly about the radio station. Connie
gave my information to the reporter. Have not heard anything back from that.
The meeting with my attorneys did not go as I had expected. I had to talk to
Counselor Sperling and not to Counselor Anton. I gave her my information
about D.. and it would seem that they did not do as I had asked. We are looking
for another attorney, now. I cannot think of one wanting my case, so late in the
process. I am near the end.
Hope everything goes well with the redecorating. I remember those days. I was
just telling my Aunt in a letter to her, my Mother and I use to tackle rooms in the
whole house. We did everything you can do to a house (SMILE). My Aunt had
written and stated that she was redecorating one of her "powder rooms". Her
words.
I know that this is rather short. I did get several letters tonight and need to get
them out so that I do not get so far behind again. Thanks for all that you are
doing. I know that I still need to type an update for the website. I am waiting to
see how the Fifth Circuit is going to rule.
The study for the tests have gotten lengthy. I cannot do two tests in a week now
(SMILE). I am steady on it when things turn a little more quiet. Kind of hard to
retain anything when there is a lot of noise and distractions. Will be looking
forward to getting your next correspondence.
March 5, 2006
Your letters are arriving after 2-3 weeks. I have no idea what is up with the mail.
Problems with the “Shout out” program too. They did not read all of my
messages and John Adams was made the representative of death row's Bible
lessons! I guess I am going to have to step back and let them have it. I no longer
want to support the radio station. I hear Adam's name too often anyway. Not
good for the psyche. Well, I will not support them any longer. I know they have a
false witness leading Bible studies and I cannot endorse that.
Yes, I pray my attorney will do what he is supposed to do. I really don't want to
replace him, but he is not doing as I ask on some matters. I've lost trust I guess. I
should see him this week.
I am receiving the Science magazine weekly. I had thought it was monthly. They
are being delivered about 10 days behind the issue date. I need to know if they
mail them before the issue date or after.
March 14, 2006
I am using the last part of this ribbon for your letter. We did have store today,
unfortunately, I overslept and did not get my list in. I was able to talk the
manager into allowing me stamps and some coffee. That will last me until next
week. I am showing an increase on my account and I certainly thank you for
sending that. I think that I will be alright for a good month or two.
I did receive the picture in a separate letter. In fact, I received the picture 5 days
ago. I know that you sent both at the same time. That should give you a good
idea of the problems that I am having. I have also discovered that I have two
letters missing that Connie had sent. There may be more. I also lost Monday's
newspaper. I shall ask Connie to order me another issue. Hopefully, the
newspaper company will get tired of sending extra issues and start charging the
Unit for the issues that they do not deliver. That is my goal anyway.
I have not received all of the Texas Defender Service's report. I did receive the
"overview" of the listed chapters. I now see where that chapter seven had
originated from. Do you have access to the full length chapters? Would like to
see them, if you do. You did send back chapter seven.
I have to write "LEGAL IN THE U.S.A." and give them your E-Mail address. I
see that they are on your continent. Not mine. No wonder we were unable to
locate them over here (SMILE). I am pretty sure that it is a free subscription.
Alright, Counselor Anton has paid me a visit and he offered a look at a draft of
the application for the Certificate of Appealability (C.O.A.). I asked for some
minor changes and he stated that he would see to it. As long as he is doing what I
ask or explaining why he cannot, then I am alright with his representation. We
have been looking for another attorney to help sort the mail situation. I did
inform Counselor Anton of the problem. Over here, it a Federal Offense to
tamper with the delivery of the mail. Others that he represents have already told
him of the problem. I did not know that others were having the same problems.
The application for the C.O.A. looked good. Personally, I don't see them
granting the review. Too many times in other cases, they have elected to "pass
the buck" as it were. Unless they are obligated, it is an easy out not to grant
review and let the case move to the next higher court, that being the U.S.
Supreme Court. The proper course was for the Federal District Judge to grant us
review in the Fifth Circuit Court. He did not, so that took the burden off of the
Fifth Circuit Justices. I guess we will see. I am supposed to receive a copy of what
is entered. I will send you a copy.
D.. is now qualified through the courts and is my investigator. Anton assured me
that all of the paperwork was done. She will help arrange for a Polygragh expert
and any other expert witnesses that we will need. This may be a long drawn out
process.
I have written to Sue and I sent about 250 used stamps, after New Years Day.
Did she get them? If I have done something wrong, please tell her to let me
know.
I think that we are fixing to go through a major shake down/lock down. I don't
have any food or snacks to get me through, but I do have plenty of stamps. I can
manage for about two or three weeks, I guess. I have been through worse
(SMILE).
I have not been paying any attention to the weather. I don't have anyone that will
run outside with me, so I stay in when it is our section's turn to go outside, in the
bigger cages. I need that time to get all of the work that I have to do. I am still
playing catch up on my schoolwork. I take a lot of notes and that slows me
down, but that is the only way that I could possibly remember this stuff. I write it
down.
Thanks for sending that info on Ms. Sperling. I see now that she is a Professor of
Jurisprudence. Back when I was first introduced to her, she was just a legal
mediator. I thought that was a pure waste of time and effort for my situation.
Counselor Anton did not know me and was only going by the information on
paper. I told him not to do that. It was very misleading. I think he is slowly
figuring that out.
On the Lethal Indifference, I have only received chapters one, two, and three.
Was that all? I have sent chapter three for Connie to copy. I don't remember it
being the end. I will know when she sends it back.
Your Puzzles were pretty good. I may have the wrong answers though. I think
they were a little tricky (SMILE). If Gabbi has written, please tell her that I have
not received her letter as of this date.
Please do not send any more books until after this lock-down. They will be
looking at the quantity of my property. I have a ton of mail to get rid of.
(SMILE) Big chore! That is usually what I do while I am waiting for the crews to
get around to our section. I guess that will be all from me for the moment. You
know the problems that I am having to deal with so be a little patient with me
getting your letters. Keep track of what I answer to. If something is missing, I can
make an inquiry, but I need to know the dates. A big thanks for your continued
support. It really means a lot. Stay in touch with Connie for me.
March 15, 2006
I am now responding to your letter that was dated March 2. I also received
chapter 4 and 5 of "Legal Indifference". I appreciate you sending that. I have
asked Connie to make copies and send to another prisoner so that it will be
circulated.
D.. sent me a decent book: WRONGLY CONVICTED - Perspectives On Failed
Justice. By Westervelt and Humphrey Publisher: Rutgers University Press. I think
that you will benefit from it and Bente also. I will find a way for her to get a book
unless you send her one. Let me know.
I did receive the next issue of my SCIENCE Journal. It is the March 3rd issue
and I am just now receiving it on the 15th. That is why I wanted to ask when
exactly it was being sent, then I could establish a date that it is arriving.
Yes, you can write to anyone that you wish. You might pose the question and see
if the jury can be investigated and asked if the evidence withheld would have
changed their collective decision. All it would take is one juror to say that it
would have. I am not sure if that is allowed after a trial. I have yet to check the
statutes, but it is a good legal question to start out with.
I now have plenty to do and need to cut back on future subscriptions. The legal
course needs more attention and I have my personal legal material that now
needs attention. Your generosity is greatly appreciated and you have turned my
entire psychological state around. Thank you. As soon as I get the final copy of
the brief that was entered on my behalf, I will send it to you. Have you put
everything up on the Internet that I have been sending you or have you held
back? Do you still show my current address? I find it odd that no-one has
bothered to write, whether it is a good letter or a bad one. I welcome both.
D.. will be here around the first of next month. I am going to line them up and
let her do the rest (SMILE). We do not need any extra money at this time. I am
going to try and get by on what we have already. Hopefully that will be enough.
Counselor Anton has the brains for the task and he has the access to all of the
references one could possibly need. He works at a Law Firm and he can draw on
their experience and resources. For some reason, he has not been fully on board -
maybe he is taking on more than he has time for. I suppose that is a good
possibility. As long as he is working with me and is listening to me, then I will
keep him, but I think he has done some damage to the case by not correcting
little mistakes entered by the Federal District Judge. I asked that he correct those
and he never did, or stated that he would correct them at the next level. That is
not the proper procedure. Once we work the bugs out, maybe things will change.
The application looked good. I still have my doubts as to whether or not they will
grant a review. I think that they will elect to send it on to the U.S. Supreme
Court. It is now in there. I will, let you know what the result is.
March 20, 2006
Sorry to hear that difficulty your mother is experiencing. Perhaps she will be
better by the time you receive this.
My own mother quit writing years ago. Six to be precise. Kathy, my step-mother,
wrote and said my mother was having a “stint” placed in an artery near her heart.
I asked her to send some roses for me and a “get well soon” card. I have not
heard anything else. I still have my mother's old address though I was told she
had moved. Maybe I should try writing again. I hesitate, because this situation
may be too hard for her to take.
By the time you read this, you should have received a copy of the application
brief. What do you think about it? We were limited to 14,000 words.
Margie has had a heart operation. I have waited the outcome before mentioning
it. If I understand the facts, she has a kind of “short circuit” in the electrical
impulses of her heart. Instead of putting in a pacemaker, they did some new type
of by-pass. It will be 6 months before they know if the operation was a success.
Connie was married, yes. She is now divorced. She has two grown kids and two
grandchildren. She also rides a Harley motorcycle. I sent you a picture (SMILE).
I am enclosing my purchase receipt for the shoes. As you can see, I got them in
January. They are just starting to wear out on the inside, where the heal and
achilles tendon are. I will give them another three or four months. Cheaply made
shoes. They look good, but not built for heavy running/jogging.
April 7, 2006
The letter that I am responding to is one that took two weeks to get to me. We
have been experiencing problems with our mail once again. I think that it has
picked back up, but will not know until I receive my mail next week.
We just went through the yearly "lock-down/shake-down" and I hope that I have
not mislaid a letter some where. I will find it later, if I have. This ribbon is almost
done. The store did not have any more. I will be changing over to the one that I
do not have a correction tape for. You know in my past correspondence that I
will be marking "X"'s through my mistakes then.
The clinics we have are separate from our hospitals. The hospitals still have the
specialized services that you mentioned, but you are only admitted to them
through a Doctor. The clinics are available to everyone, willing to pay or have
insurance.
I have not typed any letters in some time and it is taking me a little bit to get back
to using my Neanderthal fingers (SMILE).
I am certainly tired of my present scenery and have been since six months after
my arrest. I did receive the pictures. I thank you for sending them back.
Connie has sent you the application brief that Counselor Anton prepared. I think
that he did a really good job. He actually let me see the draft before the original
was created and submitted. I only had to make some small corrections, but it
turned out pretty good. I am making sure that you have received it by now.
D.. is here and I have given her plenty to look for. Personally I think that all of
this should have been done many, many years ago. She also told me that
Counselor Anton told her to wait on the polygraph, and that the jeans were
suppose to be lost. The ones that were too small for me and had Donna's blood
on them. Funny how things keep coming up missing, especially when they are in
my favor. I cannot prove my innocence. The polygraph will not be admissible in
a new trial. I can use it on appeal, but not in a trial.
I will be able to pick my letter writing back up again. The shake-down slowed
everything down and I have been a little late with my Paralegal studies. Hard to
concentrate with all my legal material needing to be prepared and shown to
others. The next few tests are not as long in the chapters. I will not have as much
trouble with them. They will not take so long anyway.
Let me know what you think of the brief. Take care and I hope that you and
Bente have a good time.
April 13, 2006
They have not aloud us to submit a store request as of yet. I am out of everything
except stamps and stationary. I think I spelled "aloud" incorrectly (SMILE). I
think that it is supposed to be"allowed".
I am responding to the following letters: March 23, 27, 28, and April 5. I have
also received the report book from the American Bar Association. I am sending
the receipt back to you so that you can see that they did screw up the name.
However, mailroom personnel wrote my name out to the side using my I.D.
number. If they are reading this, I thank you for making the correction. In a
round about way, I have found out that the mailroom for this Orbit is looking to
hire help. I did not know that they were short handed. I wish that I had known
this weeks ago. I would not have been looking for those to blame for my mail
being delivered so far behind natural schedule. Please know that your letters are
still being delivered late. However, this last letter arrived in normal time, that
being five days.
For the past two weeks, D.. has been visiting and we have had long visits and we
have covered just about everything that could possibly be dug up at this late date.
I have only my knowledge to rely on. Please remember, I had left Adams at the
drug house and do not know who or what happened during that time. That is
why I did not know about those that testified at Adams' trial, which were in my
favor. The State prosecutors withheld all of those names from my trial court-
appointed attorneys. Please know that at this time, D.. has not discovered the
whereabouts of certain witnesses that were never questioned. I have given her
three names and the search may continue well after she returns home. She has
stated that she is going to do all that she can to make sure that my case gets
media coverage. It is a comfort to know that there are people like those that I
write to, in the world.
Except for the Polygraph expert, the private attorneys seem well out of my price
range. $110,000 - That is one hundred and ten thousand. He wants this up front.
I have sent my Father a letter and will see if he will help. I am sure that this will
be way beyond anything he could contribute.
What did you think of the application brief for a C.O.A. (Certificate of
Appealability)? Actually thought that it was very good! You may make all
documents available upon receipt. These documents are not sealed by the courts
and are accessible by the public through the proper process. If there is ever a
question as to the publishing of any document or facts I will of course let you
know.
I will be sending 6 deposit slips with this letter. I will not need any more shoes
until these wear out. I do not like to buy shoes twice within a year. For the
money, they are supposed to last at the very least one year. My account is topped
off. It is good. I certainly thank you for this. It allows me to concentrate on other
things. I know that I owe you a lot. IF we are successful, I hope that you will
allow me to visit. I would like to meet you. Provided I can get a visa/passport.
That may be the hard part (SMILE).
As I was typing this I received my mail for the night. We get our mail at night. I
have just received your April 1st letter. Wonder why I received your April 5th
letter two days before this one? It just does not make sense to me. Also, I think
some of Connie's letter is missing. I will not know for sure until I ask her when
she visits on the 15th.
Concerning the BLOG. Is it necessary that directions to downloading the
information you have on the site be posted? You stated that Connie had trouble.
Could it be that she did not know how to download the material? I am curious if
others will have the same trouble, however, you have stated that you have done
something so that all of the legal information will be accessible. I am just curious.
Yes, we had our twice-yearly "lock-down/shake-down". It lasts approximately
two weeks and is now over. No, it does not affect the visits.
I got a good laugh when you stated that Mr. Bill Gates was not going to get any
more money from you for his new software (SMILE). Good to read that your
Mother is better. I have no idea how mine is doing. I am trying to remedy that. It
seems to be a slow process however. I do not remember getting sick over
anything that I ate, although it is a wonder (SMILE). I have gotten used to the
food around here. I have to keep an eye on the water however. I think I have that
figured out as well. I now see that you did like the brief that was filed. I thought
that it was good myself.
Dad has sent a monetary gift for my birthdays and for the Christmas seasons. He
has a trucking company but I am sure that he is planning for retirement. It is very
close. I doubt that he can help much but I have fashioned a letter asking in any
event. I hate asking anyone for this. I have done nothing to earn it.
I will let D.. tell you if she has found anything. She has leads that I have given her
but I do not think that she has gotten anywhere other than understanding my
situation much better. Maybe that is what she was after in the first place. I know
if it were me, in a reverse situation, I would want to know why this and that took
place.
I have spoken to Rodney Reed about his case a few years ago. I still remember it.
Thanks for sending the information.
April 24, 2006
Just finished reading the article about Abraham Lincoln that you had sent in a
previous letter. I thought that it was very good and I had no idea. I did poorly in
History class as a student. I was not interested in the past at that particular time
in my life. History was and is my worst subject. Thanks for sending the article.
I pray that this letter finds that you are well and in good spirits. I have not heard
from Bente, so I do not know how the trip went. I am expecting some mail
tonight, but due to all of the problems that we have been having, I may not get
anything until tomorrow night.
Finally got a Paralegal test out today. I have gotten way behind. I always wait until
I receive an answer before I continue with the next lesson. With the mail
problems that we are having, I guess I had better change my routine and just go
ahead and do the next tests. I will try to put out two more this week. That will be
three for the week and should pretty much catch me up on the schedule that I
had planned for myself.
D.. took down a lot of information from me. She has a lot to work on should she
continue with the investigation. She was met with closed doors down here in
Texas. Texans do not cotton to people out of State investigating their legal cases.
She knew that before she came. I had told her as much. What she does now with
all of the information that she has is entirely up to her. I have not heard from her,
as of yet, but you know how our mail is running.
Thanks for the Capital Defense Weekly. I have yet to read Nealey's case
summary. It is an interest. I have gotten behind on everything. D.. was visiting 5
and 6 hours each day that she visited. She sprang for my lunch. They have food
and snack machines visitors can buy from. Anyway, that time took me away from
my normal routine. I went to sleep when I would return to my cell (SMILE). I
did not get anything done and kept putting everything off.
I will attempt to catch up on everything before I set down to some enjoyable
reading. I have a select few that I share the books with. I have gotten rather
choosy with those that I associate with. I think that past experiences and my
situation have taught me to be wary. Too many prisoners are two-faced and I
cannot tell one from the other. I still get "foolled" if I spelled that correctly.
Dictionary does not have the "ed" form of the word.
You know? I was curious as to what you did with stuff that you had bought and
then could not re-sell. Sometimes books are like trends. Certain authors will not
be popular and then later on a few people are looking for them. You know the
business however. I was just curious if you had stockpiled several books.
I am expecting a visit from my attorney any day now. Nothing he can really do
until they make a ruling. We do not know when that will be because the schedule
is first come first serve. I have no idea how far down the line that we are. I think
that Counselor Anton should be able to find out when they have us scheduled to
be heard. I will ask when he gets here or may attempt to do it through an E-Mail.
He did not want me to take the Polygraph test until the court had made their
ruling. I am not at all sure as to why this is. I do know that since my case is
before the Fifth Circuit, then it would be they that I would have to petition for a
"bench warrant" allowing me to be transported to a Houston jail in order to take
the polygraph. WHY they do not allow the test to be taken here is beyond my
comprehension. Of course, a lot that happens is not very logical to me anyway
(SMILE).
Just had a cell search. Took about 15 minutes. They do those from time to time
and they are supposed to be at random. Anyway, I am closing this up. Do you
need me to write a summary for the BLOG or is the 61 page brief self-
explanatory? However you wish to do it. You all can see what is popular and
what is appropriate. I do not have access to these varying sites. Just be creative
and I certainly trust your judgment. You can add another link to the BLOG. It is
in New York state. It is entitled Prisoners Beyond the Wall or something like
that. I have sent out all of my information on the site. D.. just updated it for me.
Take care. I pray that all of your family are doing well. I have attempted to
contact my Mother. Will let you know how it turns out. If anything changes in
my legal situation I will let you know, but Connie will be in contact with you way
before I can get a letter to you.
May 2, 2006
I have waited over the weekend before responding to you, and in doing so I have
collected several of your letters to respond to. Our mail is still arriving
sporadically, so I have been waiting a few days extra in order to respond properly.
Your letters are still arriving around a two-week course after you have posted
them. The normal amount of time, without any delay is 5-7 days.
I am now responding to the following; APRIL 7, 11, 18, 21, and 23. I am pretty
sure that I have received all of the copies of the Texas Defender Service's
website. However, for some odd reason, one of the mailroom staff confiscated
chapters 2 and 3, stating that I was not allowed that publication. I have no idea
what she is talking about and I figured that she was just giving me a hard time for
filing a grievance on their work performance. I am not the one that they want to
write grievances (SMILE). First of all, I know how to spell and I know how a
grievance is suppose to be put together in order to be effective. My word
knowledge is not too shoddy and I think I can take a claim all of the way to a
legal grievance suit, if necessary. I have too many other things that I would rather
be doing I assure you. Anyway, I have appealed her decision and would
appreciate it if you would send only those two chapters, once again. If it is not
too much trouble. If they refuse it this time, then I will notify The Defender
Service and have them deliver the information in person. I happen to know one
of their attorneys and will not mind getting a letter off to him and letting him
take over the situation. This is “legal references”, and they have no right in not
allowing the information. So far, I have up to chapter nine, subtracting chapters
three and four.
I see from your letter that you and Bente had a pretty good visit (SMILE). I knew
that you two would. You both are really great people.
I am sure that the letter that you prepared for my folks was gratefully accepted.
Has Kathy written you back? She would write to you quicker than I, but she does
not write that often in the first place. I was just curious. I wrote my Father on the
same subject matter and discovered that he is having problems with his business,
because of rising fuel prices. He will send funds when needed though. Actually, I
had not expected him to be able to send any.
I read what you wrote about the "Solar Panels". Being interested in electronics, I
know the particulars with solar panels. With what you will be needing, you will
also install a piece of equipment that will store the energy that is not used and
you will use that stored energy on the cloudy or rainy days. Don't disconnect your
electricity. You will also need it for times that you are out of stored energy and all
you will have to do is pull some levers and switch back over to electricity. Yes, in
the end, it will save you money.
Counselor Anton wants me to wait on the Polygraph test until after the Fifth
Circuit render their ruling on the brief that he entered on my behalf. I have yet to
discuss the matter with him in person, but am told by D.. that he should be
visiting any day now.
I sent in two Paralegal tests almost back to back. I am attempting to get caught
up on everything and then I will get to some relaxing reading enjoyment. Might
of missed a few on the last test. I was up for 24 hours and went ahead and tried
to take the test anyway. Don't be surprised at a bad grade. I am expecting it
(SMILE).
Thanks for the cautioning advice, in your letter dated the 23rd. I do the best that
I can with the information that I have. It is very difficult to render an effective
decision when I do not have all of the information in front of me. I know that
you know this. I will certainly stay with Counselor Anton unless I have a darn
good reason. I base my decisions on other's advice, but I do not let the advice
take precedence over what I know to be right. If I am uncertain, then I will seek
out the help that I need and I know where to go for that. Different situations will
determine the person in which I will ask. Different people are better at different
things.
I see that you had a good outing with Alistair and Phillip. I enjoy bowling and I
also enjoy playing pool in a bar or pub. Yes, we have a few real pubs in the cities.
May 17, 2006
Thanks for the Capital Defense Weekly. You will be the only one sending them
now (SMILE).
I asked Connie to marry me. I was trying my darndest to keep her out of this
situation of pending death. She was not going to hear any of that, so I proposed
(SMILE). I'm pretty happy she accepted (SMILE).
Alright, the "Denial" form that you received was for chapters 3 and 4 of the stuff
you were getting off of the web site of the Defender Service. Do this. Send it to
Ms … and have her send it in to me. That should take care of that, I have all of
the other chapters that you have sent. I have no idea as to why the chapters were
refused other than them just picking on me. As you know, all of the other
chapters came in without any problem. It is from the Defender Service and if all
else fails, then I will ask one of their attorneys to send me a copy. I do have a
name that I can send a letter to and he and I have corresponded before, a few
years back.
Until the mailroom gets their program back on line, just send only the C.D.W.
updates in with your letters. Last night, I received most of my mail and most of
my subscriptions. Hopefully, that was a sign that the mail is coming back on line.
I will let you know or Connie can communicate with you quicker than I can.
D.. was supposed to contact those in the media and see if we could my case
publicized. She was supposed to contact Oprah Winfrey - no way I can do it.
Bente stated that she may have someone in mind. I hope she does not wait too
long.
I will keep this short. I see that you will be on a trip for a little bit. You can catch
up when you get back. Know that I am doing what I am supposed to be doing. I
am staying out of trouble. Very rarely does anyone bother me straight out. It is
usually done so that other prisoners will not witness, but I have been able to deal
with what they dish out. I know the name of their game and two can play
(SMILE). I do have to watch about drugs or slow poisoning. I doubt if my
attorney would even acknowledge that stuff like that go on. Getting that
Polygraph expert in here will clear a lot of things up. The thing is, Counselor
Anton has asked that we wait on the court's ruling on our application. I do not
wish to trip him up and will abide by his decision. He really did do a good job on
that last brief.
I am going to ask Connie what all is on her website considering my case. Then I
will need you to list what you have placed on yours. I am trying to get all of the
legal information out there so maybe I can obtain some more help. We have a
long way to go yet. At least I do have a set goal. As always, take care, exercise and
stay healthy. May the Lord continue to bless all that you do.
May 25, 2006
Took a break last night and went to sleep. They are asking us to put our mail out
on our doors by 5:00 am. That was too early for me to finish this letter.
Yeah, I now have two letters from Bente. According to Connie, Bente's birthday
was the 20th of this month. I did not even have it marked and I usually do that.
Brain error on my part. I have sent her a late card. I will be writing to her next.
I have not really been keeping up with the political arena. I think the Democrats
will take back a lot of the political offices in the upcoming elections and I do
believe we will see a Democratic President in the next presidential election. I
don't know who that will be. A smart pick would be Al Gore, but I don't know if
he is thinking of running for office again or not.
Not having total access to Tony Blair's activities I cannot really comment on him.
From what I have read, I don't see where he has done that much wrong. I believe
he was misled into the Bush administration's thoughts about Weapons of Mass
Destruction. I also think that he acted believing that information to be true. What
else has he done that has set the population against him? The U.S. publishers
print only the good things of his activities. They do post the polls that show
where he is unliked.
I liked Geography in school and did very well in that class. I did not like History
and did very poorly in it. I know where everything is at, just not its history
(SMILE). I was studying to be a miner not long after I was out of school. Yes,
you have to train for that. I studied rocks in depth, and minerals. I also studied
liquids and gases. They also gave us a weeks course of First Aid, C.P.R. and how
to set bones. In two weeks I learned a lot. They were only 4 hour classes but we
went over everything quickly and had tons of homework. That is where the time
came in, doing all of that homework.
The letter that you wrote while you were on vacation did not sound too
enthusiastic about the trip you were on (SMILE). Did you enjoy it or was it more
work than you expected? You are supposed to relax on trips. That means your
mind as well. A little light reading is good, but you dove into local news and
books written for heavy thinkers (SMILE). Maybe that is relaxing to you. I don't
know.
I certainly know what Scrabble is. My Mother and I were competitors for years.
During my teen years anyway. She has a huge vocabulary and mental Dictionary.
She worked for a Doctor as his secretary. That was at a hospital. I remember
stopping off by there after school and seeing her at work. She was always typing
something. The Doctor would record what he wanted typed and Mom would
listen to the tape and type at the same time. That is how fast she was at typing.
She has a business degree and graduated College. I learned a lot off of her.
At the moment I am trying to catch up on all of my letter writing. I still have
novels to read (SMILE). I do the Bible tests and I am keeping up with my
Paralegal lessons at the same time. I read the newspaper and all of the magazines
that I get. I do have plenty to do. Now if I can just keep the guards from picking
on me and doing what they are supposed to do, I would be alright.
It seems I am constantly having to look after their activities. Passing out sheets
tonight. I was given a very dirty looking pair of pad sheets. Sometimes after much
use they can look like that but they are supposed to throw those away. Just
needing to check for my conscience sake. I put the sheets in water with a little
dish liquid. Water turned dark brown. Then I have to yell and bang on the door
just to get the guard's attention before they take the sheets off of the Pod. I don't
like having to act up like that and I should not have to in order to get things
straight. If the guards paid attention to their job I would not have to come in
behind them, second-guessing their actions. Blaming someone else is not going
to get it either. They can tell when those sheets are dirty just like I could.
Then that brings me to the food and water. They know when anything is not
right. I should not have to tell them unless they are new. Then I don't mind
telling whomever. They do these things on purpose and know when things are
not right. If they want to hear me bang on the door that much, then I don't mind
doing it for them. I get a little good exercise in doing that anyway (SMILE). Only
problem is, the door has started to crack at the bottom and I figure too much
more of them not paying attention to what they are doing and they will have
another door to repair (SMILE). It will be awhile yet so do not get excited about
it. I don't hit that door unless I absolutely have to. After four or five doors you
would think they would figure it out.
Let me state this so that you know my exact position in this situation. I write
Counselor Anton about everything. I make copies of all of my letters to him and
in those letters, anyone can tell where the problem is and that I do not fly off the
handle over nothing. I speak plainly when I finally get someone's attention and
there is not a curse word in any of my explanations. The fact these guards do
what they do is common knowledge. It is part of death row I believe. I will not
have to account for these actions later on. If that comes up I will then present the
letters and grievances that I have filed and it is self-explanatory. Don't get
worried about what I have stated. That is not my intentions. You deserve to
know what all is going on in my life on death row. Things are not as bad as they
were. I will make it.
Oh, I figured out what all I have to do with the water problem (SMILE).
Whenever it stings my mouth and numbs my tongue and throat I just let the
thing run for about three hours and that takes care of whatever the problem was.
We are right near a big lake so I have plenty of water to run through if necessary
(SMILE). Can you picture me draining a big lake? Only if necessary. HA!HA!HA!
I usually do not go into stuff like that, but it had just happened with the sheets
and I thought putting it on paper would help me sleep (SMILE).
Yes, I think Connie is very happy (SMILE). I would be a little bit more happy if I
were not in this situation. I do have it a lot better than some of these guys in
here. Half of that is because of you and I am very grateful for all that you have
done and are doing. If I ever get to another prison, things will be a lot different. I
will also be able to have the opportunity to attend classes in electronics. Of
course there may be a long line in front of me. Just a thought.
You take care. I continue to keep you and your family in my prayers. Have you
read any good articles on the story of Mary Magdalene? There sure are a lot of
them since The Da Vinci Code came out.
P.S. The lady guard that was in the picket when I was trying to get her attention
just brought me some clean sheets. She did not see the floor guard come up here
earlier. That was very nice of her. Kind of feel bad about hitting the door, now
(SMILE).
Chapter 6
A marriage of love and hope + Tony’s letters June – Aug. 2006
Tony's marriage to Connie gave him a personal relationship and mental freedom
that, while challenged in the coming months, could never be taken from him
again. With a family of friends, and a refreshed relationship with some of his
immediate family, Tony had found a peace of mind and strength that the years of
hardship and confinement had once threaten to engulf. His gratitude and sense
of pride was apparent to the last. He tried hard to bring all of his family into this
plane of love, but it was unfortunately not to be. For an “outsider”, this was hard
to understand, but Tony never lost hope that a reconciliation would one day take
place. It is an underrated, and in places forgotten, consequential tragedy and
cruelty of the death penalty that too many inmates are forced to bear.
For Tony the one tangible act that he could now perform, that would perhaps
both serve to carry his legal fight to a retrial and show the world the travesty of
his conviction, was a polygraph. Although acknowledging that in Texas a
polygraph carried no legal weight, he was convinced that, if doubt of guilt could
be established by other means, the polygraph would then sway the process to his
advantage. He had never been allowed to stand up in court and give evidence of
his own innocence, nor to challenge the testimony of Adams, his co-accused.
Neither had he ever been given the assurance that he could safely give a sworn
testament or affidavit from prison. He had no doubt about the result of a
polygraph, and held great hopes of its impact on his family. So, initial plans for a
test began.
A visit from Bente was another highlight at this time. But Tony did fret over the
appeal being prepared for the Fifth Circuit. Once again, while he accepted the
professional work of his attorney, he could not understand or accept the very
little influence he was permitted to have on the nature, scope or specificity of the
appeal and strategy. If the courts, in their judgments, are going to penalize the
defendant for the errors and omissions of attorneys, then this lack of
accountability to the defendant is something that should perhaps be addressed.
The great reluctance of US courts to do so continues to severely restrict and
obstruct the efforts of defendants to overturn the procedural barrier for the
admission and consideration of error by their attorneys. So many vital
opportunities to challenge and correct procedural and evidential errors made at
Tony’s trial and in the first Habeas appeal, were missed and unreserved - lost to
rules that make no sense when a life is at stake, and innocence is a real possibility.
Counselor Anton and his colleagues were thereafter fighting a state and federal
legal machine that would give no quarter in its efforts to deny effective challenge,
as appeal after appeal was turned aside. It was little wonder that Tony found
confidence difficult to grant.
So, here are extracts from Tony’s letters June – August 2006.
June 7, 2006
Hello Peter,
Your letter was well received (SMILE). I received both issues of the CDW. I also
received the news reports about the river and the Honey Bee. I have waited a few
days, knowing that your letters might arrive close together and they have. For
some reason, Connie's letters are a little late this week. I don't mind that, as long
as Unit staff have the letters and not any of the inmates.
Yes, Connie did contact my Mother. I have since written her a letter. You can go
ahead and write to my Mother or any of my family members. If they don't want
you to write, then they will say something to someone. It will get back to us. I
cannot think of any reason as to why they would not wish you to write. The thing
is, they may not answer. I may have to send my letters to my attorney and have
him make sure that they reach my family. I will discuss that with him when he
visits at the end of this week.
There are very few around me that even concern themselves with their legal
situation. Most do not possess the education to really understand. They have to
have someone walk them through what all is going on in their individual cases, let
alone reading something the High Court has decreed and whether or not it
affects their case or not.
Another thing is that most are guarded, as well. You cannot help them unless you
know the particulars about their case. Since we have jailhouse snitches, no-one
wants to give out potentially vital information. I don't blame them a bit, but then
they cannot follow their legal case or other cases that may have an affect on their
legal situation.
Thanks for the update on my Paralegal tests. I have been keeping the test results
that they send back to me. They do not send the graded paper back. They send
the grade, however. The next set of tests will be long to study. Three have
numerous pages before the test is offered. The longest so far. You may go ahead
and send a copy to my Mother. There will be no harm in that. My letters may not
be getting through to her. She has a computer, so you should provide your E-
Mail address.
If you post my trial transcripts or partial passages, please be sure to post Adams'
transcriptions as well. No-one will be able to see the injustice if they do not
compare the two trials. Both are publicly accessible, so you may publish them.
That will not be a problem. You may leave out unimportant data and passages.
My attorney wants me to wait until after the Fifth Circuit make a ruling on my
case before having a polygraph done. It would be new evidence, anyway. I would
have to go back to the State Courts and enter it there, provided the Federal
Courts gave me leave to do so, but then the State will just say that since it was
not produced along with all of my other issues, then I am procedurally barred by
law from anyone hearing the new evidence, unless it has a scientific reliability,
such as DNA evidence. Here in the U.S. polygraph tests are not regarded as
particularly reliable and cannot be used as concrete evidence in a trial. On appeal,
it is allowed, only to sway judgment that could go either way, for the defense or
the State. That is my understanding anyway. If nothing else, I want it done to
satisfy my family and to show the media. Some issues here at the Unit were
questioned as to who was telling the truth and I do eagerly want to clear that up.
So, everything is on hold at the moment.
Yeah, every time that I feel that I have been offended by the guards, staff, or
even some of these degenerate prisoners, I think about Connie and the visits. I
have been keeping "low profile" as it were. Could care less how it looks. I am
trying to better myself and Connie is a good reason to take a little shit every now
and then (SMILE).
Thanks for the monetary gift. You know that comes in very handy. I want you to
know that I very much appreciate it. I don't wish to wear out a good thing, so if
you are running a little short, then you need not send the monthly allowance. I
am a little up on the account and doing good.
I have not testified in my case up to this date. Adams was the only one that told
any version as to what took place. Of course he told lies, so what I have told is
the truth and when compared to the evidence, anyone will see why this is a
"highly circumstantial" case and how I am actually innocent. This will be repeated
to the polygraph expert and then it will be proven, if anyone will trust the test. I
believe odds on that they will.
June 8, 2006
Fell asleep last night. For some odd reason I have been way too sleepy. I may
have to quit eating entirely in order to detoxify my system. Usually three to four
days will do the trick. I used to do it once a year and then just quit worrying
about it. I hope that is all that it is anyway.
Got my result back on test 20 tonight. I got another 95%. I hate that. With the
way that I do these tests, which is exactly as they have instructed I should not be
missing any. I am learning, so I guess that is the main thing. Tests 22, 23, and 24
are going to be long study tests.
Just received THE FREEDOM TRAP. It was sent by another company so that is
why it was probably late in reaching me. It looked to be in new condition. He is
really an excellent writer. I enjoy the fast pace that he sets out in his novels. Have
you been reading these, too?
Connie is by now in the State of California, enjoying the good life (SMILE). She
grumbled about going and leaving me. She made a good show of it (SMILE).
After seeing the pictures of the five star hotel that she would be staying in, I
know that I would have at least had some joy in knowing that I would be there
for a week. Did she E-Mail you any pictures of the place she would be staying at.
Her company is paying for everything. It was part of a bonus or reward. She must
be doing really well in her company or business. I am certainly happy for her and
told her that I was wanting her to go and relax. She thinks she has to be here in
town in case something happens with me (SMILE). I wonder what she thinks I
have been doing in the years that I did not know her (SMILE)?
Tomorrow is Friday. I expect my attorney will grace me with his presence
(SMILE). I had wanted to speak with him way before now. I guess I will have to
hash everything out with him when he gets here. Several things that the State
claimed in their response was just not accurate. He should have filed a response
to their response, cleaning up any misunderstandings and pointing to the record
for proof.
Still have not heard anything from my Mother. I will wait until Connie gets back
before I attempt any further contact. She stated that Connie could call back.
June 19, 2006
I appreciate the computer generated smiley faces (SMILE). I am responding to
your June 12 letter. Hard to believe someone would think 80° degrees was hot
(SMILE). We are getting ready for the 100° degree weather. We have had a
considerable amount of rain and if they do not turn me loose, it is going to get
much worse, weather wise (SMILE). Seriously though, this Global warming
condition is going to cause much worse weather here in the near future. Scientists
have already predicted several possible outcomes and none of them will be good.
That is just for this year.
THANKS for creating that new website for my legal material. You should charge
to view that one. Did you get a copy of the CD that had the computer
transcription of both trials? What is the new web address? It may be on the
copies that you stated that you would be sending.
Yes, the State's response contained some false facts about either what was stated
at trial, or what was not pointed out, in view of whatever the State has stated.
They took two things out of context. That is not right and unless the Justices
review all of the trial record, it will go unchanged. At this level of the appellate
process, the Justices are supposed to review the record and not take either side's
word or comments for the truth of the matter. I will believe it when I see it.
Yes, Connie won an award at the company that she works for. She was number
one in the Nation for whatever it was. She will have to explain it to you better.
She has told me, but I get lost in the medical jargon (SMILE). Joking of course.
She educates potential patients and also instructs Surgeons on the technique used
with this new computer chip that sits on a specific spot of the brain of an
epileptic, and then with small electric pulses, controls the patient's seizures. She
works out of her home and I assume calls and solicits potential patients about the
process. The company is spread out throughout the Nation and it is divided up
into regions. I assume the person with the most patients obtained is the one that
wins the award. Now, I will ask that you verify this, in case I have gotten it
wrong. She only told me the one time and that was a few months ago. No doubt
I may have missed something. She is the expert (SMILE). The award also came
with a small vacation. It was all paid for and there were others that were awarded,
but if I understand correctly, she was the number one in all of the Nation. That
was the reason for her trip to California. I think it lasted about five days. She has
pictures already in computer format. Just ask.
I don't know anything about the game that you call football. It is referred to as
"soccer" here in the U.S.. My cousins used to play and I went to three of their
matches, but I never learned the particulars of the game. I do know the object of
the game however (SMILE). I could never tell you if one side looked better than
the other. The U.S.A. TODAY newspaper puts in extra sections that cover the
tournament. I have been keeping up a little bit. I would rather watch or listen to a
game than have to read someone's interpretation in the newspaper. Of course if I
miss a sporting event, then that is a great way to learn about what exactly
happened. The sports writer stated that the U.S. team was not that good.
The visit with Counselor Anton was a joke. I had prepared to cover the things
that the State had presented. These are small items of fact and must be known in
case there is an appointment for "oral" presentation of the case issues. I was at
the trial. I know exactly what happened as far as statements and presented facts
or what was not presented. He has to know these things in order to properly
represent me and he has no way of learning these things on his own unless I
point them out to him. So, I was ready for a legal visit. He asked me what I
wanted out of the machines and I told him that I just wanted something to drink.
While he went to get that I took all of my paperwork out and was ready when he
came back from the vending machines. He asked about the form that he could
sign as a "Notary Public". His assistant was supposed to give him the form and I
had no idea that among all of his accomplishments that he was a "Notary Public"
as well. The form was necessary in order to obtain my birth certificate from the
State of Tennessee. The birth certificate is needed in order to obtain a "Marriage
License". So, Ms … never gave him the form.
I started to talk to him about the response from the State and that is when
Professor Penrose came to the cubical. They visit about five prisoners at the
same time. He gets up and goes to talk to whomever she left. She sits down and I
start to explain the issues to her. She starts to take notes.
Five minutes later Counselor Anton comes back and states that she and he must
leave because of an appointment they must keep, not stating what the
appointment was. Both told me to write my issues in a letter. I was not a happy
camper going back to my cell. There are several things that pop into my mind for
reasons that would excuse this behavior. We were not on a secure telephone line
in the first place like we should have been. They have reserved rooms for
attorney visits. They chose to visit in the regular visiting area so maybe he did not
wish to talk business because of that. I don't like making excuses for someone
else and especially not my appellate attorney. All this process is obtaining the
admittance for the case issues to be heard. It is not to argue the issues. That will
come later. So maybe he felt we could take this up at a later date? So I am left
with making excuses. At this stage there is no damage.
You were already supposed to have a copy of the transcripts. My attorney has
them and I will instruct him to send you some copies. I also made a statement as
to what happened. This is the first for that. I have not made any legal statements
nor did I ever testify at my trial, so basically, no-one really knows the truth. I will
ask him to send you a copy of that as well. You need not post it since it is new
evidence and not part of my legal record.
I guess that will do it for me. I need to crack down and get another Paralegal test
out. I have gotten behind on my reading of everything. I just get worried about
my legal situation and then I am not worth a flip.
Take care yourself and I continually to thank you for everything. I have drafted a
reply to the woman that emailed us. She states that she is a clairvoyant. I don't
know how to judge that. I do know that there exists documented police reports
of these types of people helping with cold cases and solving crimes that have the
police stumped. Personally I don't believe that I am in a position to turn down
any help. Connie should have provided you a copy of the reply that I had asked
her to send. I am welcoming her help. Feel free to give me your advice and take
on the situation.
June 25, 2006
ALRIGHT!!! That website was exactly what I had been hoping someone would
create (SMILE). Thank You! I am responding to the following correspondence:
June 14 and June 15. Before I forget. I drafted a letter to Connie, telling her to E-
Mail Gabrielle the short letter and also to send you a copy. Did you receive a
copy of the letter? If not, E-Mail Connie and also get a hold of Gabrielle and tell
her of the mail problem that I may be experiencing here at the Unit. I do want
her assistance. Because of my Protestant belief, the Catholic Church will not help
as she has suggested. I cannot afford to turn anyone away.
Bill Gates is moving to bigger and better things (SMILE). For a good long time,
news articles were portraying him as a villain. Now they are praising him
(SMILE). I remember your thoughts on the subject as well.
As always, thanks for sending the Capital Defense Weekly. There is another site,
but I will have to dig out the address. I meant to write them some time ago and
ended up either putting it off or just plain forgetting about it. I have several
things going at the same time and I am trying to keep everything within
perspective. Some things get neglected.
If there is anything that you need, tell Connie. She can contact me the quickest,
plus she can think (SMILE). First woman I have married that could think on her
own and get the things right. HA!HA!HA! I told her as much. She got a kick out
of that. Connie and Irene came for a late night visit on Saturday. Our visiting
hours are different on the weekends. We had a great visit. Irene had been off on a
month's vacation and really looked rested. She and her husband went overseas to
see their son and his wife and family. She stated that she ate too much (SMILE).
My mail has been back to normal, until my legal magazines did not turn up. Also
Connie stated that she had not received all of my letters for the week. The only
thing that I can think of is that the guards are passing the letters off. We will find
out this week for sure. I need to find out if she received my letter that I had
drafted for the E-Mail to Gabrielle. I forgot to ask her at the visit and it will be
number one on my topics to cover this week. She will also be visiting this week
again so one way or the other I will find out.
That is all that I can think of for the moment. If something else comes to me I
will of course put it in the next letter. I sure do appreciate all of the work that you
are putting into my case. None of this would be done if it were not for you.
Connie is too much in love to concentrate on my legal documents. Not only that,
her job is very demanding as well. That is how she got that award from her
company. She puts in a lot of hours. She is tech savvy however. I will be looking
forward to your next correspondence. Connie is getting ready for the marriage. I
am really happy about it as well. I just wish I were not in this situation. She has
acknowledged the possible outcome, so it is in God's hands.
July 2, 2006
I am responding to the following letters: June 22 and June 26. I have been pretty
busy answering letters and doing my tests for the Paralegal course and my Bible
course. Ask Connie to send you copies of my Bible certificates. There are two of
them.
Thanks for keeping my parents and Aunt informed on my case. Well, I have
made an error. I have three of your letters here. I forgot to add June 24. I
received it also (SMILE). I have too much paper all over the place at the
moment. I am getting all of my letter writing done and I have put together a lot
of my personal property that I am going to try and place in the property room to
await Connie's visit in which she will be allowed to pick it up. Yeah, Connie has
the visits set up so that those that want to come and see me bring her with them
also (SMILE).
Well, that is about it from me. I pray that this letter finds that you are well and
that your parents are well and in good spirits. I will be writing again this week. I
am continuing to do pretty good on the Paralegal course and my Bible tests as
well. When you get a chance, send my Mother a copy of the Paralegal scores. Do
you have her address in Memphis? I think I sent that to you. Thanks for
everything.
July 5, 2006
I am responding to letter dated the 27 of June. It contained the third chapter in
the little novel that you have been sending. I decided to go ahead and read the
three chapters. They are not short stories, as I had once guessed. It is pretty
funny and reminds me a lot of myself (SMILE). You just do not know. HA!HA!
HA! Glad I decided to go ahead and start it, but now I am waiting for the next
chapters. Never did like starting anything unless I had the complete version. This
looks out to be pretty good.
At present, Connie is much interested in the upcoming ceremony in which she
and I are to be wed (SMILE). She tells me to pick a date and I did. It was to be
August 4. She cannot wait and changes it to this week. HA!HA!HA! She has set
everything up for the 7th of this month. You should already know. I am the last
to know anything (SMILE).
Your Birthday present is running late. I told Connie that you had some taste and
left it up to her to get an appropriate gift. If it is not that good, I will pick the gift
next year (SMILE). Your Birthday snuck up on me and I really did not give her
enough time to pick something out that had taken some thought. It is all my
fault. I don't always pay attention to the calender. My Father is the hardest person
to pick a gift for. He has everything and he is particular. If you hang around him
long enough, you can tell where his interest lies. His business. So getting things
for his trucks is what he always wants.
Don't have a clue to what you are going through with picking a mobile phone. It
was my understanding that when you purchased a computer, it provided a list of
accessories and instructions that could be obtained and even updated on-line. It
should be the same with a laptop. Contact the company that put out the laptop
and ask them which mobile phones they recommend and if they even put out
one themselves. Be sure to explain exactly what you want out of the phone and
what you want it to do by way of functions. By now, you have probably already
found one. I agree with the color problem (SMILE). I had to laugh when I read
that. All the phones are pink. HA!HA!HA!
We were allowed to make a store purchase today. I got most of what I wanted
and will be doing pretty good for a week or two, as far as food goes. My main
problem is clothes. For four months I have been trying to get T-Shirts, boxers,
and gym shorts that are the right size and made by people that know what they
are doing. I have never been given a T-Shirt for four months. I have received two
boxers, at different times, and both look like they were stitched together by a
seven year old girl. Actually, I think the seven year old would have done a better
job. I am paying a premium price and I should get quality work. This was
certainly ridiculous. I will try to go through Counselor Anton and see if I can get
some clothes in through him. Of course the Warden will have to approve the
request, so he will be involved as well.
Not much else to tell you. Got a question, however. Did you send my Mother a
copy of the scores that I have with the Paralegal course? I was hoping that you
would. Ask Connie to send you a copy of my two Bible course certificates. She
was supposed to and she may have. She has a lot on her mind at the moment and
may need reminding. I was wanting them to be published on the Internet site
along with the certificate I get out of the Paralegal course. If you do not think I
should, let me know. Some people may think that if I have the means to do that
while in this hell-hole, then I may be able to afford legal help on my own. You
are on the outside looking in, and the decision will be up to you.
Give my best regards to those interested. I pray that you are doing well and in
great spirits. The next letter that I write to you, I will be hitched (SMILE).
July 17, 2006
Thanks for sending the chapters to the "Brandy" yarn. I have enjoyed reading it.
It would make a good novella (SMILE). I am waiting for the rest of the chapters.
I have five, so far. You state that you will send chapter 7 of the Brandy Ahoy. I
have not received chapter six, yet. All I can do is go with this mail situation until
someone comes in and cleans it all up. You may wish to contact Counselor
Anton on my behalf and tell him that my mail is not reaching me. He is supposed
to visit in a week or two, but I have heard that for a few weeks now.
You should have received your Birthday present by now. It is from Connie and
myself. She told me what she was going to get you. Not my idea of a good gift,
but then not everyone thinks along the same lines as I do. I do hope that you will
like it. Connie and I are getting along great.
We are now officially in the 100°degree weather. It gets really hot some days,
here in Texas. Glad I am inside. Although for my freedom, I would make the
trade (SMILE).
I guess that is all from me until my mail gets straightened out. It gives me a
headache and then everyone wants to know why I go off the handle so easily
(SMILE). I will answer the letters as I receive them. You know what I have not
received so far. Thanks for all that you are doing for me.
July 21, 2006
Certainly glad to read that you had received those missing volumes. I had
wondered what had happened to them. I did not panic though. I am pretty sure
that my attorney has them electronically recorded. It would not been but a small
thing to get the missing copies once again. Peter, I know that took a huge amount
of time and work to put all of that together and doing so in the right format that
will allow others to download the information. I am very grateful for everything
that you are doing and that you have done for me and this case. I cannot seem to
say it enough. You have accomplished exactly what I have been wanting for a
website. The truth can be gleaned by reading both trials and then comparing
them. That is what I wanted everyone to do.
Since the mail was so late in getting to me, it has put me behind on everything. I
hate it when everything comes all at once. It messes up my whole schedule or any
attempt at making one. I am playing catch up with everything, once again.
I have written the attorney with the Texas Defender Service. Along with
consulting me on the issues of my appeal, I am going to ask that he help in
correcting my mail situation. I have just sent Major Nelson a letter concerning
clothing and my mail. I have asked Connie to send you a copy. I do not know if
you two fax documents or she can scan them and let you download them.
Whichever is the cheapest. I think our Post expense has sky rocketed and we
need to cool that expense down a little. It was mostly my fault. I sent documents
to everyone and then I have asked Connie to get Birthday presents for a family in
Ireland.
I have been writing Jenny for 7½ years. She is the first penfriend that Sue had set
up for me. When I first started writing her, her little girl was a toddler. Now she
has two boys and another toddler. Four kids in all. Her husband Liam has been
supportive and has allowed his wife to write to me all of these years. I thought it
appropriate that I should send a few presents while I could. May not be able to
next year. I was also sending them legal documents. Now that everything is up
and running, I will not have to do that any more thanks to you.
HA!HA!HA! Just reading what you wrote in the letter of the 11th. Yeah, there
have been U.F.O.'s for centuries and no-one has caught one of them yet. We
have rumors over here about a secret base the military has that stores all of the
hardware that the military have collected over the years that are alien generated.
Some say that they even have a few dead aliens (SMILE). To be perfectly honest
with you, both of our Governments do not tell all that they know. They are real
quick to spread propaganda and they choose what they think the populace will
believe. It is the only way they can keep something secret or classified. What is
the use in creating something that will be ahead of the arms race only to have it
duplicated and then made vulnerable? Plus you have to think about all of that
money that was spent on the cutting edge of technology. Tax payer's money at
that. (SMILE)
I had thought that you had sent the SNOW TIGER. I guess not. I am thinking
of the one where the guy is in ALASKA and he has a drinking problem. Now I
think that one was SNOW BLIND or something like that. Let me look here...... I
have sent a few home but after reading the list of novels that he has available I
must be thinking of another novel. I have literally read so many novels in my
lifetime that I cannot keep them all straight (SMILE). Plus I am getting OLD
(SMILE).
Connie can write three letters to me in one day seems like. I cannot keep up with
her (SMILE). I am trying however. When Connie visited on the day we were
married she did not know how to take my loud protests and personal call to the
Major. When I am that loud they can hear me everywhere, or talk of it reaches
where it is intended (SMILE). Most are used to me being loud in protest. It was
the first time Connie had ever seen me raise my voice and I think it scared her
and then she got worried that I would be leveled. That was not the case. I had no
intentions of loosing that bit of property. It had happened to me once before and
this time I had personal pictures of my family, trophies and some legal
documents that I could not afford to look the other way on. Once it was all said
and done, Connie left with the property and I had to write the Major a letter of
apology. I included some other problems in that letter. You will be receiving a
copy from Connie.
About the disks that you have recorded and put together. I don't understand the
reasoning in waiting for the Fifth Circuit to make a ruling. Even if in my favor I
still need the help for a possible new trial defense team. If the ruling is against
me, then I will need people to raise some noise about the injustice of it all. That
will require people that have knowledge in just exactly what all is going on. That
information can only be obtained by reading the transcripts and the appellate
documents. Names that have weight in their words or opinions, need to be
contacted and then educated on the issues and trial facts. What is everyone
waiting on? If there is something that I am overlooking please explain.
I now have 8 chapters to BRANDY AHOY. I have read up to 6. I really like it.
Did it ever make a publishing? Was a book ever generated? It is a lot better than
some others I have read (SMILE).
I guess that is all from me. I need to wrap this up. I have a long letter I have to
write to Bente. I may write it over the weekend. I would appreciate it if you
would email her and let her know that she has a long letter coming. I received
several of her letters, this week, all at the same time like everyone else's. Take care
and I pray that the Lord continues to bless your life, the life of your loved ones,
and all that you set out to achieve.
July 31, 2006
My Mother has asked that I not write to her anymore. Don't send anything else
to her until I can get this straightened out or learn exactly why she feels this way.
It had to do with the last letter that I wrote to her. I have written a letter to my
Step-Father in an attempt to find out why she has denied my letters or contact
from Connie. I will let you know when I find out something.
Connie's Mother has been having some problems with her heart. She has been in
and out of the hospital a number of times. The doctors are trying to get her
medicine right for her unique situation.
Got to keep this one short. I have been up for almost 24 hours and I am going to
crash here pretty soon (SMILE). Before I do, I have to finish some other letters.
Take care and I will be typing here again in a few days.
August 8, 2006
Connie has found out that my attorney might visit on the 11th of this month. I
will try to be ready, but my enthusiasm is gone from where it should be. I think it
is understandable.
Thanks for the picture of your parents and Nicola. Kathy's birthday is this
month. Always teased her about being my wicked step-Mother (SMILE). I will be
getting a card out to her.
I am putting together a mailing list for Connie. I should have something by the
end of this week. I know that you should still have all of those addresses for the
Congressman and Senators. The Internet should provide all of those addresses if
not. You might wish to email the attorney that puts together the Capital Defense
Weekly and see if he can supply addresses or any other ideas. Just a thought.
August 17, 2006
The attorney that I had wanted to talk to, has moved to California.
Connie has just moved, in order to be closer to her ailing Mother. She is very
busy, but once she catches up, she will try to obtain an attorney. I need my mail
situation to be litigated. I will not be able to do it myself. I do possess the
knowledge to do the paperwork, however, my pleas will not get the proper
representation because it is written by a prisoner. Plus there is also the presence
theory. A person able to show up in court and present the issues orally, is usually
preferred though not mandatory. There is the strong probability that the issue
will go to the Federal Courts. That means the attorney will have to be qualified to
litigate in that forum. The case will most likely be a "class action" case, involving
many prisoners and I am unable to talk to the individuals, which means that an
attorney on the outside is a must for this type of situation. I will keep you
updated on any progress.
Finally able to purchase a Hot Pot and yes, I broke down and got some more
gym shoes. As I have stated, I don't like buying two pairs of shoes in one year.
These were tearing up inside the shoe and causing my feet to hurt when I jogged.
I was unable to get a radio. They stated that they were out. I have a hard time
believing that. I have spilt coffee on this radio. I dried it out the best I could but
it never worked right after that. I don't possess the tools and supplies to properly
fix it. They will not let us have anything like that. I spent all day yesterday trying
to get the thing to halfway work. I have managed that. I frustrated myself more
than anything else. I have one more letter to write and then I will try to work on
it again. Every time that I touch something it either gets loose or comes off
completely . I don't know my own strength or I just don't possess that soft touch
(SMILE). Fingers too darn big for this little bitty work is a huge problem. I have
a hard enough time just typing. Fingers want to cover two keys at a time.
Paralegal course just hit a slow area. Along with this next workbook is a text
book of 450 pages. I must read it along with the workbook. I will try to get it
done this week. My radio is taking priority at the moment. I don't wish to miss
the football season and I don't know when they will let me purchase a radio. I do
know that they should not be out.
I have a Newspaper that I would wish to subscribe to. When you order it, please
find out the estimated time of arrival for each newspaper. If they would insert a
courtesy card with this information in the first issue then that would be "grand".
UNITED STATES LAW WEEK newspaper. The articles are supposed to cover
all of the Supreme Court rulings. I don't know any more information than the
name of the newspaper. You may have to enter it into a search engine such as
Google.com. I could not find anything for State-wide Law reporting, other than
what I am already getting. It does not list all of the CCA. rulings but keeps the
reader updated on any major changes. The Capital Defense Weekly keeps a pretty
good eye on everything. So, in the alternative there is also a newspaper called the
NATIONAL LAW REPORTER. Now this may be better than the U.S. Supreme
Court newspaper. I am not able to peruse either or to see which will have the
most Federal rulings. I am thinking the Law Reporter will, but I am only relying
on the name. Perhaps you can tell something about them from the Internet. If
you can obtain one or the other I sure would be grateful.
Just wait on any more books. I need to concentrate on this law and trying to get
my affairs here at the Unit under control. Really need a radio but will do what I
can to make this last until they let me get another.
I am slightly upset with Counselor Anton, although, please keep in mind that he
has not done anything legally wrong, unless it happened before we petitioned the
Fifth Circuit. I am still curious as to whether or not we should have attempted to
present issues to the State courts that we now have. The Law is clear and has
changed on this particular issue of a second attempt at filing a State appeal to the
court conviction. The change is that a petitioner can no longer make a second
attempt. It is deemed an abuse of the writ. However, an attempt is suppose to be
made which allows the State to decline the petition on those specific terms or go
ahead and make a ruling on them. For some reason, Counselor Anton decided
not to challenge my "unexhausted" claims and I am not sure as to why. I am
unable to get a clear answer from him. I don't know if he thinks I don't know the
Law or what. I had been wanting for him to visit, so that we could discuss a few
details on the brief that the State submitted. These details will help if the issue
should be raised at a future date.
August 20, 2006
Well, they gave me all of your letters all at once on Friday night. Our Unit's mail
does not pick up or deliver on Saturdays so I am just now able to make a
response to your letters. I am responding to the following: July 31, August 4, 8,
and 11. HUMMMM. I thought there were five. I am getting senile in my old age
(SMILE).
I trust and pray that this letter finds that you are well and in great spirits. I know
how you feel when everything starts to tear up or break down, all at once. I have
just experienced about the same thing with this typewriter. I have a rubber band
holding it all together (SMILE). I guess it will last for a good while. I am wanting
to wait until they offer a different type of typewriter. I was pretty sure that this
one would not last that long. I will admit that I have certainly gotten the money
worth out of it. I spilled coffee down on my radio. I aired it out the best I could
but some got inside the tuner box and I am assuming has created some type of
film on the tiny discs, inside. I have thought of flushing it with plain water, but
feel that there is a chance this will make it worse than it is. I have it halfway
working and I do get the AM side very well, so I will not miss any of the football
games, at the very least. Actually, that is all I am really wanting anyway. I can
handle the wait, as long as it is not too long. I have put in for a radio. The blue
slip was authorized.
The visit with Connie went well, as always. I seen her the night of the 19th. She
also stated that my attorney was on his way to see me on Monday, the 21st. Well,
lets see how this visit goes. The last one was not really a visit.
Under regular mail delivery, your letters take 5-7 days to arrive after the postage
date on the envelope. When a prisoner's mail is set aside for review, it is not
suppose to take over 5 days after it has arrived. As you can plainly tell, they are
taking the allotted 5 days and then an extra 7-10 days on top of that. That is
abuse of the system and a hardship on me. I have asked Connie to find an
attorney to assist in these matters. I have already filed the grievances.
As for the topic of polling the jury and asking them questions. As pertaining to
law, I personally cannot attempt contact. However, I can hire professionals to
solicit the jurors and see if they are willing to answer questions about the case
that they sat on back in December of 1997. This can be done by phone or in
person. The individual's spouse or relative will not suffice for an answer to this
question. The person in question can state "no" or "yes" and then the meeting
can be structured and scheduled. This must be done by an attorney, investigator,
or a Paralegal. I think that a Law student will even be acceptable. It is just that "I"
cannot try to contact the juror.
The question of importance is: after viewing the evidence that is offered in
Adams' trial, would it have changed their resulting verdict in either the
guilt/innocent phase or the sentencing phase of the trial?
Peter thanks a lot for the help that you are giving to Connie and myself. I
certainly knew that Connie had a lot of work to do. They gave her a little raise
and then behind that, gave her more work to do within her company. They were
paying her for the extra work they were fixing to pile on her. They did it all in a
way so that she would not complain (SMILE).
Someone sent me a copy of the HUMAN WRITES newsletter. No return
address. I guess it was Sue. Jenny has been sending it all of these years. Don't
know what happened. I had not heard anything from Jenny either. I was
wondering what had gone wrong. I finally got her letter along with yours and
several others on Friday night. All had been held two weeks or longer. Connie's
letters are the only ones that are coming in when they are supposed to.
No, we don't need batteries for anything but a small clock. I use it when my
watch battery runs down. The watches are very cheap at $3 dollars a piece.
Problem is you never know how long they will last. Sometimes a week,
sometimes a year (SMILE). Everything else we have electricity for. I'm not
prepared to purchase another typewriter just yet. Let this one break down to
where I cannot repair it. I may have to get another rubber band however
(SMILE). I have this one stretched out to the max and it does not look like it will
last many days like that.
I did not know that BENTE was already in the States. Just two more days and I
will be seeing her. I cannot wait either. We had a great time at her last visit. It was
a little more emotional for her than I had expected it would be. Connie has stated
that BENTE had been here for about a week I guess. I had no idea she had
flown in that early. I will see her on the 22nd. You can email her by the time you
receive this and see how she liked it.
I do have some requests. I need a legal book entitled; THE PRISONER'S
GUIDE TO SURVIVAL. I will fill out the form. It needs a money order along
with it. Also, my Prison Legal News newspaper has expired. I am going to send
you the last copy that I have and the notice I got. I could ask Connie but she is
going on a trip and already has so many things to do. I felt that I should tone
down my requests for a while until she gets settled into her new house.
I will tell Bente and Counselor Anton that you said "Hello". I have several things
to do in order to get prepared for this week. Connie states that the Press Release
went well and that the viewing is well above 20,000 if I understood her correctly.
That is quite a showing for such a short a time!!! Give me your take on the
matter. You should have received your late present by now. How did you like it?
Probably not what you expected (SMILE).
August 29, 2006
Yeah, my attorney finally showed. I did get to address all that I was busting at the
seams to tell him. My case requires detailed knowledge on everything, because it
is a highly circumstantial case. I even asked Professor Penrose to obtain a case or
two for me. I would ask you, but those websites for legal documentation are
expensive and if you do not know how to utilize them, it will cost you greatly.
Anyway, still have not heard from her. I may have to send a little reminder. I
know that she has probably started classes at the college.
About my diet. HA!HA!HA! The problem is that I am not exercising. When I do
exercise, I have not been doing it consecutively. It is a "hit and miss" situation
and eventually, I will get off of my duff and do what I am suppose to regarding
my physical shape. I am not eating any differently. Got some problems that are
not working themselves out and I get bent out of shape when things are not
going as they should. If I don't give voice to my concerns then I will quit doing a
lot of things and hope someone will figure out that there is something not right
with the ole boy. So far, it is not working.
My mail is still not running right. Still have magazines missing and I did not get
my weekly magazines that I normally get on Tuesday nights. It is no telling what
letters are being withheld. I have asked Connie to obtain an attorney so that I can
properly conduct an investigation. She just returned from her business trip. She
will get on it eventually. I don't get mad at her or anything of that nature. I doubt
I could ever be cross or mad at her.
Glad you liked the Birthday gift. I am a bit more practical in my thinking. I doubt
I would have gotten you an ink pen. Probably some type of accessory for your
home computer. However, Connie did very well in choosing and I am glad that
you really like it. You deserve so much more, believe me.
The Innocence Project out of New York have sent me a lengthy form to fill out.
They want answers to questions about the case and the trial. Listing all of the
facts and the evidence. I do not have my transcripts anymore and will have to rely
on my memory. Of course I will provide a little note stating that all is from
memory only and there may be more that I did not think of. They stressed that
they were mainly interested in DNA. Evidence. Well, my case is circumstantial.
There was not any DNA. evidence that was provided that would have convicted
me or exonerated me. I will fill it out anyway and send it in.
We are proceeding as though that the Fifth Circuit have accepted my request to
appeal to their Court. If people ask what assistance they can give, tell them that I
need money for investigative services. There are still people that need to be
questioned that to my limited knowledge were never questioned. The jury
members need to be asked that if they knew of the evidence and witnesses that
was withheld at my trial - would that have changed their respective verdict? The
withheld witnesses are in Adams' trial. We need all of the publicity that anyone
can offer. If the courts find that the spotlight has been placed on my case, then
they will hopefully make better judgments and rulings. So far, we have gotten
some very shoddy legal rulings out of the Texas Court of Criminal Appeals
(CCA.) and then the Federal District Court Judge and Magistrate were even
worse. We need the files pulled and the American Bar Association notified of the
shoddy work these judges and justices are producing in a Death Penalty case.
Next, if anyone wishes to offer assistance with my Unit issues, then that will
surely be welcomed. I am not being mistreated physically. It is the mental aspect
and my mail situation that is causing the most problems. I need a Federal or State
attorney to oversee my living situation and monitor my mail. I am still under the
threat of Adams stating that he had a thousand dollar hit out on me. That was
years ago, but I do not let my guard down.
Bente's visit went really well. We had a great time and a great visit (SMILE). Ask
her to tell you about it.
I am way behind on the Paralegal course. In this section, they are asking for the
student to access the Law Library and the legal websites that it prescribes. Being
locked down, the way that I am, I have no way of doing this. However, I am
bright enough to get the feel of what they are wanting and expecting the student
to find. Still, it is not the on hands training that they are asking for. There was a
separate book that goes along with this section. Over 400 pages. I have had to
take time to absorb it, plus all of these other distractions have not helped. I will
get it finished eventually. Like you have stated, I am still way ahead of schedule
(SMILE).
Respect, always
Tony.
Chapter 7
A spirit tested beyond reason + Tony’s letters Sept. – Dec. 2006
The last quarter of the year started with real optimism and confidence despite
ongoing problems with the delivery of Tony's mail. It is difficult to believe that a
mailroom could merely be so inefficient or overwhelmed by volume that
deliveries take weeks rather than days to reach their destination. Unfortunately,
the costs of tackling this problem by hiring another attorney, stacked up at a time
when every dollar was desperately needed for a fund that was later to be put
under extreme strain. But it was of course another legal blow that soured the
year-end, delivered by the Fifth Circuit in its refusal to grant a Certificate of
Appealability. The judgment caused Tony much anguish, as it appeared to
confirm that his concerns over his attorneys legal strategy, appeal content and
procedure had been justified, and that his case of innocence was slipping away by
default. Contrast Tony's letters in this chapter, beginning with happy
reminiscences of his truck-trailer driving days, and ending with an angry
exposition of his reasons for wishing to seek the appointment of a new attorney.
Only through the strength and depth of our friendship could Tony have survived
the disappointment inflicted by the Fifth Circuit. It was the first time that we had
opposed Tony's judgment – and I have to say that we did so with the greatest
fear of making the wrong call.
The problem for us was that, in all the inquiries we had previously made, it was
clear that Tony's legal team were well regarded by other professionals in Texas. It
was unlikely that anyone with greater regard was likely to take on the case pro
bono, when he already had in place such an experienced team. Not only that, but
we knew that Counselor Anton was able to tap into the advice and resources of
other defender services. There was never a realistic prospect that we could raise
sufficient upfront funds to enable the services of a private attorney, especially as
we learned that the fees would be double those we had imagined, because of the
need to review both Tony's and Adams separate trials. Furthermore, we knew the
risks to Tony of finding himself without any legal representation since, if
Counselor Anton stepped aside, there would be no obligation on the state to
agree replacement counsel. Also, of course, the realistic fact was that Counselor
Anton would not stand aside and put Tony in that vulnerable position; nor would
the Court be likely to accept his dismissal. The responsibility that we all felt was
very grave, and I think that if this challenge on us all had come at any other time
earlier, then the trust we had built with Tony might well have been destroyed.
Connie bore the brunt of this crisis of course, and everyone owed her a great
debt of thanks for her resolve and love of Tony.
Of the Fifth Circuit judgment, my own feelings were that, once again, the Court
displayed the weakness of the Appeal system in the US. The judgment itself
perversely pointed to arguments that it would have preferred to have heard, and
perhaps would have considered with greater sympathy. If this was genuinely so,
then why does the Court not exercise its discretion – especially when a life is at
stake? It is plainly nonsense to accept the perceived failings of a defendants
representation, when it has been offered by the state's own appointees. Why
should a defendant's life be the price of this? There will be those who decry the
notion of such “court activism” no doubt, but essentially the purpose surely of an
appeal system is to provide the means by which the truth can be more certainly
revealed. The onus of legal discovery placed by the present Court on the
defendant, flies in the face of all reason. Surely it is enough that the defendant
bears the weight of evidential discovery. It is also, in my view, an abdication by
the Court of its role to ensure Justice.
However, these are the extracts from Tony’s letters Sept. – Dec. 2006
September 13, 2006
Hello Peter,
It has been a little while since I have last written to you. Let me start out by
asking if you and your family are doing well? Your letters are running two to
three weeks behind their usual delivery. I had finally come to the conclusions that
my mail was being passed to others, so I just placed everyone on hold for a few
days until I get this new attorney onto the situation. Connie is sending her letters
through a special mail service and it is costing her something like $5 dollars.
When I write to her tonight I will ask that she go back to the regular mail service
so that I can determine if I still have a problem or not. I will answer your letters
over the weekend. I know that this is an inconvenience, but it is necessary.
Connie has found an attorney willing to look into these Unit matters.
Today is the 13th and I had a visit with her. She is up to speed on all that can and
will happen in prison settings. She specializes in prison issues. I am in the process
of giving her all of the data that will help her in correcting the problems that I
have been having within the Unit. I do believe that Connie has paid her, as is the
normal procedure in obtaining attorneys. It came off of my defense fund. Connie
can give you the amount. She told me and I have forgotten the exact amount. It
was under a thousand, but after she has finished, the total can still run over a
thousand. It is just according as to whether we have to file with the Federal
Courts or not. I am seriously hoping that will not be the case but I am prepared
in any event.
September 17, 2006
In my last letter to you, I explained that we have hired an attorney to help
investigate problems with the mail, and other problems within the Unit. They still
have me on leg-iron restriction and they do not have it on my travel card. That
means I can be transported without them. If that is the case, then why
am I on the restriction inside the Unit? Just another one of the problems that I
needed the attorney for. Connie will keep you better updated.
Glad you enjoyed the Ink Pen for your Birthday. It is the very least we could do.
You deserve a lot more.
Yeah, I should have heard something from Bente by now. I don't think that she
got my letter. I had my doubts when I mailed it because of who was working.
They have the guards picking up the mail. Most are alright. Some are not. As
always, it is always the few that spoil it for the many.
Ha! Still have not been able to get a radio. We have the attorney looking into that
as well. I did however fix this one to where it works halfway decent. The clock no
longer works but I have a wrist watch to tell time. I am not hurting in the area of
the radio. I am able to listen to the news, some music and the ball games. There
was never anything wrong with the A.M. side of the radio. It was the F.M. band
that was messed up. Anyway, I am still trying. The Hot Pot developed a leak as
they so often do. I am trying to get another one of those too. Seems like
everything is breaking down on me (SMILE).
Yeah, some of my magazines had reported on the Andean Glaciers. I skimmed
through the book that Al Gore has put together and there are some pictures of
other glaciers that have melted over the past thirty years. The world is trying to
cool itself off.
I am unable to practice any of the research techniques that this lesson has
prescribed. That does not mean I will not be able to complete this test. It does
mean that I have spent way too long on it and plan to finish it up this week. It is
just something I will have to do at a later date, provided I have the opportunity.
Ha! that "HUSH - HUSH" aircraft you and I were discussing has turned up in my
POPULAR SCIENCE magazine. Evidently there are several other craft that may
exist. Money seems to be unaccounted for and no-one is in a hurry to find out
where it went inside the Defense Department. Many speculations are flying
around (SMILE). The U.S. military already have U.A.V.'s and Drones in
operation.
No, you need not send anything else from the website. I already know everything
that you could possibly put on it. I am just glad that you were able to place the
trial transcripts on there and the different statements that the other witnesses
provided before the trials even started. Better be sure. Let me ask you this: did
you put on the site the different statements that I had sent to you? These were
taken before either trial started. The statements were from Adams, Mosely,
Tatum, and I think there were two others and their name slips my memory at the
moment but I think you will remember them. Let me know please. Other than
that you did one hell of a job (SMILE). Thank you.
I have already provided Connie a list of all of my subscriptions. They are quite a
few. Needless to say, I guess I am slightly more educated than when I first began
(SMILE).
The issue with the jurist is one that would go into a second successive application
to the State's appellate court. I am thinking ahead and responding to future
questions before they are asked. People may wonder what they can do now, and
that would be a chore and a large one at that.
I have already completed the form for the New York based Innocence Project.
Because of the sensitive information contained inside I have waited to mail it. I
need my mail situation secured first. Connie is in the process of sending me the
address to the West Texas Innocence Project. I think it is in Lubbock, Texas.
They are not so much DNA oriented.
I received those cases you are sending from another research website. I thank you
for those. If anything stands out I will be sure to ask Connie to E-Mail you, as I
am sure it will be quicker that way. I try not to put too much on Connie. I don't
know how much of this is cutting into her career work. I did ask this new
attorney if she would forward any cases that I might need for future research and
she stated that she would get the copies for me.
That is it for me for the time being. I will not let all of your letters get backed up
like that in the future, if I can help it. We are proceeding forward with an attorney
on the wings now. I think I can get something done about these prison issues. I
know exactly what needs to be done, but need someone out there with the clout
to do all of the legwork. I pray that you all are doing well and prospering. I will
be looking forward to your next letter and hearing about how Nicola is doing.
September 27, 2006
Say, what happened to that word processor program you are suppose to have
(SMILE)? You are apologizing for spelling mistakes and your program is
supposed to alert you. What is up with that (SMILE)? Please know that it is still
taking two weeks For your mail to get to me. I received two of your letters
tonight. The first one I received a couple of days ago. It was the weekend and I
decided to wait and sea if any other letters would follow. I have September 7, 13,
and 14.
Thanks for writing to my brother and his wife. I was supposed to be getting a
letter back from them, but have not as of yet. I guess I will go through Kathy and
see if I can figure out what the problem is. Shaun, (Mike's wife) sent me Mike's
and Andrew's information for my visiting list. Andrew is the 15 year old son and
my nephew. At least, I think he is around 15. Might be 16 now. It has been a
while, to say the least. They are approved for visitation. Now I just need to find
out when they plan to visit.
We have a little suburb called Reading, in the state of Ohio. I lived in Cincinnati,
Ohio, back when I was a teen. It was not for very long. Maybe 5 months or so. I
know my way around, anyway (SMILE).
Yeah, I really enjoyed meeting the kids. They must think their grandmother is
crazy (SMILE). I often wonder what kind of impression they have of this
situation. You know how young minds are. I encourage Church where I can. I
have asked about "Boy Scouts" for them. It is an old organization that teaches
responsibility and values along with information on how to survive with Mother
Nature (SMILE). Do you have an organization like that?
Yeah, I have just written Gabi. She is also approved on my visitor list.
When you figure out Counselor Anton’s plan, you let me know. All this time I
thought that I should have filed a second successive writ application with the
State Court of Criminal Appeals. This new lawyer has informed me that I have to
run this process out first and then attempt an appeal that has been limited to
special circumstances. You know? That is all Counselor Anton had to tell me and
I would have been content. He just kept skirting the subject or giving answers to
something that I already knew. It was frustrating the tar out of me. Well anyway,
now I know that I have to run this process out. All we are waiting on is to see
how the Federal Fifth Circuit Court is going to rule on the issues. That will then
determine our next step of action. The one issue where my trial attorneys never
objected to my U.S. Constitutional Rights has already been ruled on in another
case by the U.S. SUPREME COURT. The problem is, although it would reverse
my trial verdict, the ruling was not made retroactive. In other words, will it apply
to cases before their ruling on this new case? We are waiting to see what will
happen in that case also, and a couple of others with the same issues. If it is ever
made retroactive then I will receive a reversal of the trial verdict.
Yeah, I guess I am alright healthwise. I think I got a touch of a cold. It will not
last long. I take vitamins and my system should kick the tar out of it (SMILE).
Now here is where your letter states that I am to overlook your typing errors.
Your Sept. 14 letter. You are supposed to have programs that guard against
mistakes (SMILE). It is a wonder that you do not have one that you can just talk
to and it will type everything, keying off of your voice (SMILE).
Sorry for the poor way this typewriter is typing at the moment. The ribbon is
almost gone. I have a rubber band holding the ribbon cartridge down. Sometimes
it rides up and I have to manually push it back down (SMILE). A spring broke
and a plastic catch. I am making it work though (SMILE).
October 5, 2006
This ribbon is almost out. There may be areas in which it is not typed very well. I
am going to use it until it runs out all of the way. I pray that this letter finds that
you are well and keeping in good physical fitness.
I am answering the following letters: September 18, 20, and 22. I only received
one of your letters within that 5-7 day period and I have already answered that
one. Oh yeah, that ribbon just ran out. Probably can tell the difference now that I
have put in a new one.
I read what you stated about the evening you had with Alistair when he arrived.
If it had been my Father and I, I would have stated that we should skip the movie
and just go for the drinks (SMILE). Especially if he were paying the tab (HA!HA!
HA!) I always had a pretty good night when he and I were together and out on
the town so-to-speak. Kathy, my step-Mother sure did not like it however.
Always worried Dad and I were picking up girls (SMILE). I am sure that she kept
tabs on where we were at and what we were doing (SMILE).
I have Cornell's Law Review of that case around here somewhere. My radio
finally gave out and I have things in disarray for the moment. That was Ayers v.
Belmontes that you sent. I think I read the first part of it and was not sure I
could use anything in it. I will have to go back over it and will, when I run back
across it. Probably later on today.
You know? I never knew what "Black Ice" was until I was about 23 years old. I
was driving with a partner in a tractor-trailer. We were pulling double trailers
nicknamed "Pups". They were about three quarters the length of a regular trailer
which would be 53 foot. I guess the Pups were about 40 foot apiece. Between the
two was a "Hook-Up Dolly". It allowed the two trailers to swivel in the middle.
Anyway, my partner could drive as well as I could. She was asleep in the cab
bunk located behind the front seats. There were bunk-beds in the "Sleeper"
berth. I was traveling west in Arizona on Interstate 40. I had just started up the
mountain leading to Flagstaff, Arizona. The temperature at that time was about
50 degrees Fahrenheit. When I reached Flagstaff, at the top of the mountain, the
temperature had dropped to 28° degrees, not counting the wind chill factor. That
is below freezing. Inside the cab, I did not know the temperature had dropped
that much. No wind and no precipitation. I was fully loaded at 79,600 pounds.
80,000 is the limit. I had plenty of weight and had no idea that the road had
frozen in front of me. Going up and constantly pulling, the semi drove fine.
When I started back down the other side, a trucker behind me came across my
CB radio and asked me if I knew what I was doing? I thought he was trying to
coax me into a joke and was not going to lead the way, so I turned the tables and
asked if he knew what he was doing (SMILE)?
He stated that he was not being a smart-ass, he just wanted to know if I knew I
was driving on "black ice" and just how I was going to manage slowing the rig
down going down the mountain?
Still I was suspicious because I had never heard of black ice and therefore had no
idea of what he was talking about-. So I asked the all important question “driver,
what is black ice?”
He came back over the CB and said “driver, don't hit your brakes and down shift
NOW!” I cannot catch up with you because I will not be able to slow my own rig
down, but I will talk you through it. Of course I thought this guy was nuts.
Disobeying his orders, I went ahead and tested the brakes. Now there are two
ways to do this. When you push on the foot pedal it applies brakes all around the
rig. There is a handbrake at the steering wheel column. When you pull on it, it
will only engage the trailer brakes. On snow those are the only ones you want to
use in order to keep the entire rig in line. That is what I did. I pulled the trailer
brakes. There is a cab light so that I can see the wheels of the trailers and it was
about dusk, so I could still see pretty good. I had all of my lights around the rig
on. The wheels on the trailers locked and quit rolling (SMILE). I barely felt the
pull (SMILE). I WAS ON ICE and could not even see it!
Now I am a pretty good driver. I have done a few things with just the tractor part
that owners would choose not to do if you know what I mean (SMILE)?
Working quickly, I knew I had to get in a lower gear, two or three lower gears. In
order to do that, I had to lock up the tractor's wheels and down shift quickly and
release the brakes before the trailers started into a side skid. I did it without even
thinking. Now the rig was going slightly faster than the tractor wheels. To keep it
all in line, I applied the trailer brakes only and that added to the slowing of the
rig. Slowing was very gradual and I had to go around corners, but no hair-pin
turns. To do this, when I came up on the corners, right before I got to the middle
of the corner, I would ease up on all of the brakes and press a little on the fuel
pedal. Unfortunately, I was picking up speed doing this. The worst curve was
near the bottom. I opted not to wake my partner because there was nothing she
could have done. I was traveling at a good clip. I knew it would be close because
I knew I was going too fast for that curve. I had been down that mountain
several times and knew the speeds for the curves. On ice, you drop those speeds
considerably. Knowing I was going to slide anyway, I played into it. I drove the
rig to the inside of the curve which was to my left. You people drive on the
wrong side of the road (SMILE). Anyway, still applying brakes and playing the
fuel feed, I kept the whole thing in line, slid clear to the other side, dropped the
front tire and back tires off of the burm and caught traction. Steered back onto
the interstate with gradual ease. No-one around to see it (SMILE).
I had slid an entire double trailer rig, fully loaded, around the worst curve on that
side of the mountain and kept it all in line. The driver behind me, the one that
warned me, wanted me to tell him how I did it and that he was buying me supper
and coffee just as soon as I pulled off at a truck stop of my choice. When I told
Trish over supper she decided it was best that I did not wake her (SMILE). Now
I know what black ice is. I learned the hard way (SMILE).
They have been talking about diverting the Mississippi River for going on twenty
years now. There are several good reasons to do it and for anyone's information,
the course the river is traveling is not it's original course. It has gone through a
number of changes over the many years and there have been earthquakes along
the line. There is also a reported underwater river that is separate of the
Mississippi. Anyway, I lived up in the northern part of the State of Kentucky and
the same river there is called the Ohio. Some big ole catfish around the dams of
Kentucky. They also have "Spoonbills". The undertaking and the cost is so large
that until they get the war paid off and then all of the natural disasters paid for in
their clean-ups, they are not going to do anything but keep planning.
I am certainly alright on funds. I just need to make sure that my unit attorney
does not run her bill up on me. I am waiting to see if I am going to have to write
another STEP 1 Grievance on this mail. I am getting the magazines except for
another TV Guide that went missing. I can live without it. My SCIENCE
magazine is late. Waiting to see if it is delivered or not. I am keeping a log each
day of the mail that I receive. I will compare it to what the women in the
mailroom have here eventually.
My research is nil. I am going to go ahead and do the test anyway. No sense in
waiting on something that is not going to happen. The cost in obtaining the
literature they suggest is just not feasible at this point in time. I can come back to
this at a later date.
Well old friend, time to wrap this up and get ready for recreation. I have not been
out in a few days. Several reasons not worth mentioning. I pray you are well, and
your family. Thanks for all that you are doing. Keep in touch with Connie
(SMILE). Tell Bente that I have sent her a letter and want to know if she has
received it. Keep those exercises going (SMILE).
October 10, 2006
I have received a couple of letters from Counselor Torres She sent approximately
1000 pages of Adams court paperwork. That was certainly needed. I will give my
copies to Counselor Anton. He needs to be updated. He needs to stay on top of
this stuff.
Counselor Torres has suggested a few reasons as to why my overseas mail is late
reaching me. The most likely is that the Major or appointees are going over
certain individual's correspondence. I am assuming the reason for this is that she
is reading gang member's correspondence. That is all well and good. I have not
been given gang status among gang members nor of T.D.C.J. That is Texas
Department of Criminal Justice. You may have already known that.
I have received Brad Thor's book, TAKEDOWN. I thank you for sending that. I
am already halfway through it. Since you are going to send books anyway
(SMILE), I guess I will go ahead and suggest some titles.
I don't think I will have to go to court with my Unit issues. I think that when
Counselor Torres started asking questions, someone got the message and started
doing their job or quit harassing my mail. Either way is alright with me, I just hate
that it costs so much money in order to get these matters taken care of.
I am assuming the fee will not go over a grand. I wish to retain her services for
future problems and she is also getting any and all cases that I request. There are
Internet sites in which you state that you can do the same. Problem is, right now,
your letters are taking around two or more weeks in getting to me. Once that is
remedied then I will start requesting the cases from you and your ability to
navigate the Internet sites successfully.
My radio finally gave way. The tuner went completely out and my limited
knowledge was not enough to revive it (SMILE). I keep requesting a radio and I
keep getting back that they do not have any. Someone told Connie that they
posted a notice that they did not have radios in stock. Well, there was no posted
notice on this POD, I can tell you that. They must have posted something at the
store or they are lying to Connie. One or the other. I just know that I am out a
radio. Been trying to get one now for three months.
Let me give you a run down of Adams' paperwork. The prisoner has three courts
in which to petition in the Federal Appellate process. Each one is higher than the
other. When you fail to be granted a reversal on your issues you may appeal the
decision to the next higher court. First is the Federal District Court. Next is the
Fifth Circuit Court. Finally, the U.S. Supreme Court is the final court to petition
in the Federal process. Adams' case is before the Federal District court. The state
of Texas is split up into districts for the Federal courts. Dallas falls into the
Northern District. There are several judges within that District in which Adams'
case could have been given to. It is suppose to be a random process.
When the District Judge is notified that he has a Capital Murder case and the
death penalty is attached, it will take front stage to all of the other cases, except
other death penalty cases. When the Federal Judge's calendar is full of cases for
him and his counsel to review, he can elect to assign the case to a Federal
Magistrate Judge. This was done in my case and it was done in Adams' case. A
Magistrate reviewed Adams' case and recommended that his sentencing phase of
his trial be reversed. This is not a final verdict. The Federal Judge that appointed
the Magistrate still has to determine if what the Magistrate has determined to be
factual or not. The State filed a brief that was certainly against the
recommendation.
As it turns out, court-appointed attorneys for Adams at his trial did not
investigate his childhood and teen years. This would be done in order to justify
his actions in the murder stating that were it not for his bad guidance of adults in
his life, his very poor living conditions, then Adams would not have turned out
the way that he has and has the type of personality or mentality that he has today.
This type of evidence is called mitigating evidence.
At my trial, I had asked my court-appointed attorneys to define mitigating
evidence. They stated that the courts had not given a definition, so they could not
give me one at that time. It was popular opinion that the jury members
considered any bad event in life or brain disorders would qualify as mitigating the
offense. Since then, that perspective has changed and the definition is now a case
law. Good and bad experiences are now presentable to the jury members. I
certainly have an assortment of good qualities throughout my childhood and teen
years that I could have presented to the jury had my attorneys thought it was
worth presenting. I showed them a picture of all of my trophies. About twenty
plaques and trophies for playing football, basketball, baseball and wrestling. I did
not have any bad things to present to the jury, so they did not investigate my case
either. Like I have stated since then, the term has been defined by the courts.
According to Adams' step-Mother and sister, Adams had a very bad childhood.
The step-Mother had found Adams and his siblings in a house trailer of filth. She
goes on to describe the way that Adams was poorly dressed and that he had a
very bad rash. She petitioned the courts for custody and it was granted. Years
later, the biological Mother petitioned the courts to regain custody and won that
effort. Adams was shuffled around within the family. The biological mother had
several partners and one of his mothers marriages produced a man that I guess
was bi-sexual and had ended up molesting Adams at the tender age of 12 or 13.
He started drinking at 12 and he has never held down a job. He has a couple of
arrests and jail time for robbery and burglary. The robbery was done with a
butcher knife. Sound familiar?
The State's counter claim is that Adams' trial attorneys had ample time to
investigate his past, stating that his arrests would certainly raise questions about
his childhood. His court-appointed attorneys stated that they did investigate and
that the family members were uncooperative and did not wish to make any
statements. The State also claim that it is only now that the family members come
forward and that their story cannot be trusted. Other than records of the
adoption there is no other proof of these accusations. At this time I do not know
how the federal District Judge has ruled in Adams' case. I will assume, because of
my personal knowledge of other case law on this subject of mitigating issues, that
the Federal District Judge will honor the Magistrates recommendation and
reverse Adams sentencing phase of his trial.
In that event, Adams will go back to Dallas and another jury will be picked and
the phase will be re-tried once again. He will then be able to present his evidence.
Or the state may wish to save money and just make Adams an offer of life
without parole, since that is the best he will receive anyway. The only reason that
the State would wish to go ahead with the phase is to try and get another
conviction of a death penalty. With this new evidence it is 50/50 and the State
will not like those odds. Too much money. When I have further information on
Adams, I will pass it along.
October 18, 2006
I am asking that you start sending your letters by "CERTIFIED" mail and that
the letters must be signed for upon arrival. I need your letters to be tracked and I
need this to be done for about one month. This will no doubt increase the
postage, however, this is a necessary step in solving this problem with your mail
not getting to me as it should. I have to eliminate the fault of the postal service,
first. Your letters will be able to be tracked via the Internet. You may wish to ask
the proper procedure and Internet site for this tracking, unless you already know
it. I know how it is done in the U.S.A., however, I am not sure that it can be
done with overseas correspondence. You will have to let us know what the
situation is. Connie is the preferred conduit for that information to get back to
me in the quickest amount of time. Write your letters in the normal fashion.
There is no problem with content. We just need to track the letter and check the
dates on the travel time in order to determine if the time is the fault of the postal
service.
As for the Court news. I believe I am ready for the legal newspapers. That will be
obtained by Connie. I do not know if you intended this to come out of my
defense fund account that Connie has set up for me or that Connie should pay
for it. I have not asked her. She is having plastic surgery and I do not know her
financial situation just yet. I don't know what all she is getting done and what all
the company is paying for. I will of course need your input on this. The
newspapers are THE TEXAS LAWYER and THE UNITED STATES LAW
WEEK. I am going to ask Connie, when she orders the subscription, to see if
they will track the first two papers at an additional cost. I want to see when the
newspapers reach the Unit and see how long it takes to come straight to me.
When you E-Mail Connie please remind her of that.
On to your letters. Thanks for the information on Nicola. Of course, I have
suggestions but know full well that they are not worthy of mentioning because I
am not there and do not know the full story. Thanks for placing the smiley face
in the yellow box on your pages. I have no doubts that this is your work
(SMILE). I wish I did not have to go through these extremes.
Yes, we have city laws that prohibit the burning of trash within the city limits.
Once you get out in the countryside of the state, then the laws are more relaxed,
however, each state varies and I do not know the codes for Texas in rural areas. I
do have the book to look it up I think. There are a lot of codes that I do not
have. They do not pertain to my appeal, so I have chosen not to obtain a lot of
these codes. Not necessary.
Have you ever run an ad in the newspaper on the books you have for sale?
Would it be cost productive?
Yes, I have received three letters from BENTE. I am getting her letters only one
day later than I should and I will not quibble on that. Several of her students have
already started sending me birthday wishes. This time it is in the form of
postcards. BENTE mailed them all in an envelope. I need to answer them this
week. I should get that done by this Friday. It is still hard for me to conceive the
fact that no one has written that has read the Internet site or the press release.
You list the number of readers and I just do not understand this.
Thanks for writing to Mike and Shaun. My brother's love for me is strained, and
has been so since our childhood. I was a little rough on him and he had to grow
up with others awarding me with their attention because of my success in sports
or grades. He was the middle child and it is never easy for that sibling. As adults,
I have tried to smooth things between us. They may never write back. I am
waiting too.
You ask about "polling" the jurors. The best thing to do at this point, is to wait
and see how this CO.A. is going to be ruled on. We don't want to spend money if
we do not have to. If I get back into the State courts, by a reversal of the
conviction, then we will then ask for an evidentiary hearing. That being granted,
the courts will pay for an investigation and that may be included in our list of
things to investigate. It would prove beyond a reasonable doubt, that had the jury
had the evidence that was withheld, then, their verdict would have been different.
It now has to be proven beyond a reasonable doubt.
Another death row prisoner, Charles Nealy is facing the injection gurney next
month. He made a statement in my State process, in which he testified that while
in the same cell with John W. Adams, Adams told him that he did the killing and
that I was weak or something to that affect. Anyway, it was plain that he put all
of the blame on me, and Nealy, probably hoping the information would help his
cause, contacted my state Direct appellate attorney and gave the statement of
what Adams had told him. Of course this was no different from the other three
that testified at Adams' trial, stating the same thing. Problem was, all four were
never mentioned in my trial. I will attempt to obtain Counselor Torres services
and see if we can get an affidavit from Charles Nealy before he is executed. I will
tell you what I know when she responds. I will be sending her a letter tomorrow.
I finally completed the paralegal test, the one that I was stuck on for so long. I
will do the next test this weekend provided nothing pops up.
I really need a radio. Does not look like anyone will see to it that one is provided.
I have Counselor Torres working on it and why I am still in leg-restraints after
2½ years. I also need a mattress. Actually, they are pads with cotton stuffing. I
have one that is only three quarters as what it should be. Long story. I am taking
Ibuprofen for back pain and another medicine for nerve tremors. Probably
caused by the pad as well.
I'm from Flemingsburg, Kentucky. I want to say I am very very sorry that this
tragedy has happened. Tony and I were best of friends in the early 80's, we were
like two brothers - where he would be I'd be there also it seemed. I am very sad
today to hear this aweful news. A good friend of Tony and mine, Randy, came to
my house today to inform me of this. I was in total shock for a bit, to even try to
come to terms with this news. I feel like a part of me has gone now, I am so sorry
for his whole family, and Connie my prayers go out to all of ya. Donald
I went to Fleming County High School in Kentucky with (Tony) Greg Wright. I
played Baseball with him for two years and thought a whole lot of him. Tony
was a great athlete in Football as well. I didn't know what had happened to Tony
or where he was after his sophmore year at the school. This is very disturbing to
learn after knowing what type of a person Tony was as a young man. I was
looking through our high school yearbooks and in every photo of him his name
is listed just as everyone knew him. God be with you Tony. Your friend,
Chopper.
Gregory was my pen pal for several years - I got his first letter in 2004. I also had
the opportunity to visit him several times. I got to know him as a person who is
honest and caring, with a sense of humor and also with seriousness. I valued his
friendship very much. Gabi
I saw a man who was doing everything he knew to do, just to live and to clear his
name. An innocent man has been deprived of his life. J.
Your spirit will always be in the hearts of the men and woman who remember
and loved you. Bernard Blaise Posso