Reasonable
Doubt ... And Beyound
My
name is Michael Perry. I am a 22 year old young man, writing my story,
from a Texas Death Row Cell.
I'd
like to tell you
aboutan
injustice so severe, that it might cost me my life. I
tell this in hopes that I might gain the support needed to shed
some light to situation and the many injustices that are going on inside
the Texas Justice System ...
So
let me begin:
On
October
30th, 2001,
I was
arrested for the murder of Mrs. Sardra Stotler. It
was alleged that
me and a Jason Burkett, snuck into this Lady's house around 7:00pm the
24th of October. Where i then was alleged to
have shot this Lady two times with a 12 gouge shotgun. The motive for
this horrible crime is believed to be her 1997 camaro.
Her
body was found on Saturday the 27th of the same month in a secluded lake
called, "Crater Lake". A Mr Randy Pond discovered the body
around 4:30 pm. He
immediatly called the police, and they then sent there detectives and
Crime Scene Investigators, (CSI) to the scene. Before the body was
found, a friend of Mrs Stotler's who was concerned about her, called
police and asked them to go check her house. They found upon entering
the house, a puddle of blood underneath a rug in the foyer. They also
noticed some bloody shoe prints leading to the middle of the garage.
CSI Damon Hall, along with
Detective Carey Mace, were among the many to collect evidence and
investigate the crime scene. At the house, where Mrs. Stotler lived, and
where the crime is said to have happend, testimony states that they
found:
*-
Blood and "black-splatter", which as defined by CSI Damon
Hall, is blood that shoots from the wound, back towards the wielder of
the weapon. They found this on the wall and the ceiling in and around
her foyer. Blood tested positive for Mrs. Stotler.
*-
Bloody shoe prints inside the foyer area, leading to the garage, and
stopping in the middle of the garage. NOTE - There was never any
posive match to the shoe print, but it I was eliminated as a possible
match due to size and dimensions. However, my Co-defendant Jason Burkett
was a possible match. William J. Bodziak, a former FBI agent testified
on this matter. After analyzing the evidence, Bodziak could not be
eliminated. He continued to testify that, "His foot is the
approximate size, and his foot seems to fit the perimeter of this print
quite well."
*- They found several fingerprints inside the house,
but as CSI Damon Hall testified:
"none
matched Michael Perry."
*- A shotgun shell, consistent with ones found in the
truck of Kristin Willis, where found inside the laudry-room by the foyer.
It was a " spent " shell, and the one that was shot at Mrs
Stotler. When given the oportunity to test for fingerprints, the DNA said
that they would rather have a Ballistic's test run on it to match it to a
gun. So, once again no prints found ...
*- Inside of the garage of the house, they found
tire marks consistent with those of a truck, and similar to the ones found
on Kristin Willis' truck.
At
the scene where the body was found, not much more was discovered:
·
Sheets,
matching those found at the Stotler redidence were found.
·
Some more
tire marks, matching the ones found at the house, were found.
So,
with not much more to go on, and no real evidence to start with, the
search begins….
On
October the 30th, 2001, I and a “friend” were arrested in
the Woodlands, at an apartment complex. Here the police kicked in the
door, and ran inside, guns drawn, screaming and hollering with the dogs
barking. Everyone inside had previously jumped to the floor and put our
hands behind our backs at the request of the police. Even so, upon entry,
I was kicked in the ribs, then ranked up from the floor and tossed against
the wall. Here, a cop that looked vaguely familiar, pistol whipped me, at
screamed, “Why did you kill my friends?” My response was, “what are
you talking about?!” and as a response to this, I had a pistol shoved in
my mouth. He then told me, “you are gonna tell me you did, and why you
did, now!!” he then removed the pistol from my mouth and I told him
“what the hell are you talking about; get me my lawyer, Willis!” Only
to be slammed against the wall again and then roughly led outside where I
was slammed on the sidewalk. At this point, I was scared, for I had
already been:
·
Told, I
killed someone.
·
Refused
my right to an attorney, and
·
Beaten by
the police
After
sitting in my boxers in the cold weather for several minutes, the medical
personnel insisted that I be put into the ambulance, do to my injuries,
the cold temperature, my lack of clothing, and the fact that I was
shivering. So I was led to the ambulance, where I was introduced to a
Detective Mace, and the man who had abused me earlier, Sgt. Sydney Blair.
Inside, the abuse continued. I was constantly slapped, and my arm, which
had an injury “to the bone” was squeezed and poked to include pain. I
blacked out from the intense pain, shortly after this phase of abuse.
EVIDENCE
TO SUPPORT THIS:
·
The
officer that arrested me, a Sgt. Sidney Blair, who now works for the
notorious “HomelandLand” Security”, was found to have a reputation
of assaultive behaviour. In one case, we have secured a written affidavit
from the victim, an Aaron Geisner. This man, who at the time was only 18,
was pulled over for a traffic violation. When approached by Sgt. Blair, he
placed his hands upon the wheel. Sgt. Blair then asked him to remove the
keys from the ignition. When Mr. Geisner then moved to do so, he had his
head smashed into the dashboard and wheel. This resulted in his braces
ripping through his mouth and splashing blood all over the inside of his
car. He was then thrown to the pavement, where he further injured himself,
and was kicked around, before finally being let up his jeep which shows to
the extent of the blood splatter, and pictures of this mans face and other
injuries that resulted in his interaction with Sgt. Sydney Blair. The same
man who denies using any force with me.
·
Sgt.
Blair was also fired from one, possibly two schools, where he reportedly
worked as a security officer. Through investigation, we have discovered
that Mr. Blair used to work at Willis High School, until he was fired for
smashing a students head through a car window.
·
Mr. Blair
also reportedly worked the Conroe High School, where he was also asked to
leave for smashing a students head into a locker.
This
again is the same man who arrested me, and claims that he never harmed, or
“persuaded” me in any way…?
·
Reports
from the ambulance personnel and the hospital, as well as the police
reports, show that upon leaving we headed to the Conroe Hospital, which
was approximately 13 miles from the apartments. We, as records shows,
arrived at the hospital 58 minutes later. So it took an ambulance with
emergency lights, and a police escort, 58 minutes to drive a couple of
miles…?
·
While
inside this ambulance I was accompanied by Sgt. Blair, and for a short
while both, Sgt. Blair and Detective Mace.
·
Since my
arrival on Death Row, investigation has turned up pictures, taken from
T.V. helicopters, which were there at the time of arrest. As well as their
video clippings, it shows me walking to the ambulance, and shows me in
“good health” with no visible injuries, or visible blood on my body.
We have pictures taken by CSI personnel, at the hospital. In THESE
pictures, I am covered in blood, scratches, cuts and bruises. These
pictures also show a bruise behind my ear, and “free flowing blood”
coming from my ear. When asked, neither of the police or the medical
personnel can explain how all these injuries came about. They could,
however, say we did not get into a wreck before arriving to the hospital.
The medical supervisor at the Montgomery County Jail, stated that they
represented injuries from “police interaction”….?
·
Transcripts
show that all throughout trial, the District Attorney’s Office
stress’s how “Cooperative” I was. How none “resident” I was.
They even stressed how “Friendly” I was. Yet when taken to the
hospital, it was found that I had a “severe Haematoma” on the side of
my head, behind my ear, which caused “swelling” and “free-flowing”
blood to come out my ear. This injury was so severe in fact, record shows
that upon arrival at the county jail, Vicky Howard, the Medical
Supervisor, refused my admittance to jail!” She stated on record that it
was obvious what type of injuries I had received, and that there was NO
report as to how I received these injuries then she did not want to be
“liable”… She ordered that I be taken back to the hospital to have
my head X-rayed. When asked how these injuries came about, she stated on
record, “Police Interaction”???. Yet, they stressed on how,
“Friendly, Cooperative, and Non-Resident” I was…..
·
It has
been discovered since my arrest that I now suffer from
Post-Traumatic-Stress Syndrome (PTS) and severe anxiety problems at a
result of the events surrounding my arrest. So severe that the medical
department had to put me on medication before I was comfortable enough to
be inside a small medical room with TDC officers.
There
has been an alarming amount of cases coming into view where the arrested
person(s) have been mistreated, abused, assaulted, and refused their right
to an attorney. The State wants us to believe that in no-way was I forced
or threatened into making any statement against my will. They tell us I
was “non-resident”, “cooperative” and “friendly”. However the
proof clearly shows that I was beaten, assaulted, denied my rights, and
ultimately, “persuaded” into this “statement”. And, of course all
though out this ambulance ride, where I was received un-explained injuries
is where I was supposed to give this voluntary statement….?
TEXAS
CODE OF CRIMINAL PROCEDURES ARTICLE 28.21 STATES:
“A
statement of an accused may be used in evidence against him. If it appears
that the same was freely and voluntarily made without compulsion or
persuasion, under the rules hereafter prescribed…”
Remember
this, it’s the law!!!
·
Compulsions
– an irresistible impulse to act, regardless of a rationality of the
motivation (an act, or acts, performed in response to such impulse.)
·
persuasion
– The act of persuading or state of being persuaded (power to persuade)
·
Persuade
– To prevail on (a person) to do something, as by advising or urging.
The
State used the fact that I “knew” facts about the case that they say
only the killer would know. They used this as a means to get my statement
into evidence. And of course, this is a question that many probably have
asked. Allow me to help, for the answer is simple. How many of you have
listened to someone tell a story, to the point were you actually have felt
like you were there? Does the fact that you could relate the facts of that
person’s story back to them, meant that you were there? By the time that
you finish this summary, you should be able to describe my case like
someone involved, where you? So, if you gain the knowledge through someone
else, does this necessarily make you guilty??
Then
there is the fact that this was all over the paper, front page, and anyone
could read about it. As record shows that I did. So, how could one know
about something they did not witness? You could have been told about it by
a friend, and/or you could have read about it in the paper, or seen it on
T.V.
Even
considering all this, there is much more. The District Attorney’s Office
was so caught up in their need for a WIN, they did not even pay attention
to the FACTS, rather they were too caught up in the propaganda, for if
they did pay attention to the facts….?
They
want the jury, and the public to believe that my statement is true. That
is a fact. They do not only want this, they NEED it, for it is the only
thing that resembles evidence against me. So let’s look at it….
My
statement states that the crime occurred on the 24th. This is
also what the District Attorney’s Office told the jury, the public and
sadly….the victim’s family. Yet, in trial, unnoticed by my
“ineffective counsel” the Medical examiner, Doctor Paul Shrode, who
was the District Attorney’s “time of death/cause of death” expert in
trial. He testified on record that the time of the murder was either on
the 26th day of October, or the 27th. He states this
both to the Prosecutor and my attorneys. This is all on record.
And,
just discovering through investigation, is the fact that the “Death
Certificate” issued in this case states that she died on the 27th…..
once again …. Not the 24th…..
So
based on FACTS, and Expert testimony and findings, the death occurred
sometime between Friday and Saturday afternoon. NOTE: Remember, the body
was found around 4:30 pm the 27th.
Something
that was also discovered is on the 26th, between 7:00 &
7:30 pm, neighbour states in an affidavit for the State, that that never
came out in trial, that she saw a truck she had never seen before, at the
Stotler residence. Shortly after, she heard gunshots. None of this was
revealed at my trial, it was only just discovered by the U.S... The
District Attorney’s Office however, had knowledge of this information,
but never shared….
So,
let’s talk about facts:
FACT:
On
the morning of October 26th, 2001, at approximately 9:00 pm, I
was arrested and went to jail for traffic violations and evading arrest. I
was arrested and was in jail from early morning Friday the 26th
all the way until around 9:00 pm Saturday the 27th. This is all
on record. We have access to the arrest report, jail booking list, and my
band paper to verify all of the times. So, I was in jail at all of the
times that the Medical Examiner, the witnesses and the Death Certificate
indicate that the crime happened. This all contradicts this Voluntary
statement that is supposed to be fact.
Now,
just so I can cover all avenues, I’d like to go over the 24th
also. Even thou it has now clearly be proven, that the crime actually
happened between the 26th and the 27th, at times I
was in jail, let’s go over the 24th…
The
District Attorney’s whole entire case is built around the statement that
I am supposed to have made so freely and voluntarily. They state that on
October the 24th, I and Jason Burkett…approached the Stotler
residence. We went to the front door, asked to talk to her son, and were
told that he was not there. We were then to have left, drove down the
road, and decided to go back and rob her. The Prosecutors told the jury
that I grabbed the Shotgun, ran around the side of the house, then opened
a door to enter the garage, opened yet another door to enter the house
itself. Then I was to have
knocked on this door from the inside, to draw her to the back from the
house. They then tell the jury that I shot this lady two times with a
Shotgun, ran into her bedroom, grabbed sheets off of her bed, covered her,
searched the house, used the phone then put her in the back of a truck and
drove off. We were then to have driven all the way to Gangerland, and
dumped the body inside of a secluded lake, Crater Lake. This is a complete
different City…
We
were to have done all this, yet reports from the Crime Scene Investigators
and Detectives state that they found no fingerprints matching me. They
found NO DNA, matching me. They found NO witnesses to say I committed this
crime at all….? Only evidence found, was evidence that shows I DID
NOT….I COULD NOT…..COMMIT THIS CRIME.
Now,
here are the facts as they came out in trial. What I am about to talk
about is evidence that the District Attorney’s put on, so therefore they
can deny NONE of it. It’s their evidence….
·
Jonathan
Kohut, wrote an affidavit, that never came out in trial, that I
“arrived” around 6:30 – 7:00 pm on October the 24th, to a
friend’s house in Out N’ SHOOT, Tx.
·
Shane
Atkinson, one of the Prosecutor’s main witnesses, states on stand that I
was at his Tattoo Parlour, “Live Wire” from 7:00 – 7:30 (at least)
on the 24th of October… At which time I left to go pick up
Kristen Willis from work in Willis. Shane’s shop is in Conroe.
·
Kristin
Willis writes 4 affidavits, as well as testifies to the fact that I was at
her job site in Willis, at 8:15 pm to pick her up.
We
live in a scary society, where the JUSTICE system can convict a 19 year
old child of such horrible crime, then sentence him to DEATH, when at the
same time they have alibied him, hid evidence, distorted the truth, and
all in all, proved that not only did I not commit the crime but that I
could not have committed this crime. And as I continue, it only gets worse
and with that sadder, for you will see that there was obvious evidence
that pointed towards the real murderers. Yet, they went after me, a 19
year old child who has NO history of violence, and NO record.
So,
I have proven, or at least I hope I have, beyond a reasonable doubt, that
I could not and did not commit this horrible crime. I have showed the
following:
·
That the
Prosecutor’s own experts place the time of death/murder on the 26th/27th.
Days and times that I was in jail, or alibied, as RECORD and TESTIMONY
shows/proves…..
·
That on
the 24th, the day that I was to have supposedly murdered Mrs.
Stotler, that the PROSECUTORS themselves have alibied me, by collecting
testimony and affidavits that place me away from the crime, and that they
can deny none of this, or say its false, because it was evidence THEY put
on, therefore they would have to of been lying. And….they would not do
that….
·
That the
Death Certificate, which is issued by the State, itself alibis me, by
placing the time of death on a day I was in jail…
5th
FEDERAL CIRCUIT COURT:
CLARK
V PROCUNIER:
If
the evidence “gives equal or nearly equal circumstantial support to a
theory of GUILT AND a theory of innocence of the crime charged, then a
REASONABLE JURY MUST necessarily entertain a REASONABLE DOUBT….” (755
f2d 394)
This
is a ruling that came out of the 5th circuit courts. I feel
that I definitely apply; although I can not, myself, figure out how a
“reasonable Jury” if presented with ALL the evidence could entertain
ANY theory of GUILT….
In
this case, I had two other “Co-defendants”. One of them eventually got
a life sentence. The other, who was never indicated, got “full criminal
immunity” and is at home.
KRISTIN WILLIS
(REYNOLDS)
Kristin
Willis Dad is a police officer in the county that this crime occurred in,
a veteran cop in a small county.
·
They
found a hair sample, on a bloody sock on the scene. The match to this sock
was found inside of Kristine’s truck. Yet, when the crime lab tested it,
they reported that it was “ruined during testing” and want us to
believe that they got no result because of this.
·
One of
the scariest pieces of evidence is a T-Shirt of Kristin that they found
with “blood back/splatter” on it. Back- splatter, as described by CSI
Damon Hall, is the blood that shoots back toward the wielder of the
weapon. The piece of information was hidden from my attorneys, so
therefore did not come out in my trial. My co-defendants, Jason
Burkett’s attorneys stumbled upon this peace of evidence halfway through
his trial; otherwise it would have still be “hidden”. When asked, they
told his attorneys that the DNA test on the blood found on the T-Shirt,
they could not get a good enough sample to run a test on. But when defence
attorneys for Jason asked for a piece of shirt, so that his own experts
could run a test on it, he was denied????
·
The
victim, Mrs. Sandra Stotler, blood was found all over Kristin’s truck.
Inside and outside.
·
Shotgun
shells, consistent with the one found at the scene, and that was used to
kill Mrs. Stotler, were also found inside Kristin’s truck, behind the
seat.
·
At trial,
Kristin stated, that she was afraid of Jason. So afraid that she’d do
anything for him? Even murder??
·
Her truck
was seen at the scene of the crime, at the same day and time that she
states experts say that the crime occurred, and at the same day and time
that the neighbours say they heard gun shuts. (At a time record shows I am
in jail).
JASON
BURKETT:
This
is a man with a criminal record as long as I am tall. A man, that while he
was in juvenile Detention, he tried to stab someone with a spoon. A man
that had so many people terrified of him, people were getting restrain
warrants on him. A man, that beat his own wife while pregnant with his
child. A man who beat me unconscious with a flashlight, which resulted in
a concussion to the back of my head….
·
the
murder weapon was a 12 gauge shotgun, which was also Jason’ nickname,
Gauge. It was recovered with Jason’s DNA all over it.
·
They find
shoe impressions at the scene, that, when analyzed by the state’s
expert, William J. Bodziak, ex FBI. This man stated that:
“Based
on general overall size and dimensions, Jason Burkett could not be
eliminated. His foot is the approximate size, and his foot seems to fit
the perimeter of the print quite well”…
·
He was
charged and found guilty for murdering Mrs. Stotler’s son, as well as
one of his friends. He was also charged with attempted capital murder of
the Police Officer he ran over.
·
Numerous
different witnesses testify in affidavits that the murder weapon was
Jason’s and that he referred to it as his “Baby”…
·
He has no
alibi for the 26th and 27th.
·
He
confessed to numerous people in the county jail that he did it, and that
he was trying to figure out why I would confess to something, I did not
do.
·
He wrote
a letter to me in county jail, asking why I was taking the blame for
Kristin, he threatened me and my family if I testified on him.
·
Jason and
Kristin were engaged, and both have a lot of evidence pointing their way.
Neither of them have alibis for the 26th or 27th….
Besides for each other???....
So
why, or better yet, “HOW” did I get convicted of this crime? I have
several opinions and theories, if you will only read one.
INEFFECTIVE
ASSISTANCE OF COUNSEL:
“A
representation in which the lawyer can not devote “Full Effort” to the
defendant, the supreme court has ruled, that ineffective Assistance of
Counsel denies the defendant his sixth amendment right.
·
My trial
attorney was and is known around Houston by his clients to be a greedy
man, who is only concerned with the money involved, and not the life that
money represents. He went after my family’s money, accepting my case,
making promises before he even knew what type of case it was. He even
continued to raise his fee on several occasions. On his Second visit with
me at the county jail, he informed me that he would not be concentrating
on my Innocence, but on “saving my life”….
·
Sadly my
trial attorney’s Mother and Father both passed away while he was
preparing for my trial. As you read above, if not able to give me “full
effort” it is considered against my sixth amendment rights. He had to
deal with his father almost passing away with a stroke, and then getting
out of the hospital, only to then have his mother pass away…. And days
later, his father too, did pass away….
·
It is an
attorney’s duty to inform the courts as well as his client if he feels
in any way he will be unable to give me his full effort. This is
especially true in a capital case, where a child’s life is on the line.
I am very sorry for the loss of Don’s parents, and I pray for him and
his family, but, in reality, NO-ONE could concentrate on a murder trial,
while at the same time preparing to bury both your Mother and your
Father…
·
During my
trial, not once did my attorney imply that I was innocent.
·
The only
defence my attorney put on at trial was my state of mind at time of
statement. Where this is a good defence strategy in discrediting a
statement, and it helped because I was, at time of statement under the
influence of several drugs, it still was nowhere near the whole defence
that should have or could have been used. He at the time did not have the
knowledge of the T.V. tapings or records of Sgt. Blair. This was due to
the lack of investigation on his part. This would have been severely
damaging to the Prosecutors stance on Sgt. Blair never “persuading”
me, and my statement being “voluntary”.
·
My trial
attorney made a sad attempt at introducing statements such as Aaron
Geisner’s, into evidence. This would have showed the jury the history of
assaultive behaviour that this man had and would have helped in proving
that this man used “persuasion” in getting a statement to their
liking. He was denied by the judge, but then made no further attempts at
showing the abuse I went through in the ambulance.
·
He showed
up to court several times late, unshaven, and he even forgot files,
subpoenas, and his briefcase on several occasions, ect.
In fact, he relied on the district Attorney’s Office to help get
his witness to show, because he “forgot” to file his subpoenas. This
is an error, for the state does not have to allow us to call witnesses off
of their subpoenas. Which my attorney learned, for the D.A. mocked him,
and told him to file his own..
The
reason why I am stressing this Ineffective Assistance of Counsel to you is
because it, if proven, can grant me a new trial, with effective Counsel.
And it is the believe of many, that if granted this opportunity, I would
be found Not Guilty, and with this, THE JUSTICE can be done.
So
my point in bringing up Ineffective Assistance of Counsel is this. My
trial Attorney failed to put effort into investigating my Innocence claim
in the fact that numerous pieces of evidence relating to my innocence went
unnoticed. Such as:
·
Medical
examiners testimony stating crime occurred at a time I was in jail,
therefore providing an alibi for me.
·
Death
certificate stating crime happened at time I was in jail (never
introduced).
·
The shirt
of Kristin that was found with back-splatter/blood splatter on it. Blood
splatter, that was to have matched that which would have been found on the
killers’ shirt… (Never introduced).
·
A witness
who stated they saw a truck at the scene on the 26th at 7:00
– 7:30 pm. Never seen before, and then heard gunshots. The same I was in
jail. The truck was said to have been Kristin’s or a close match. Record
supports this (never introduced).
Another
big reason that the state was able to convince the jury, with no evidence
is this:
They
used a tactic that many Prosecutors across the country use. They convicted
my past, rather than the crime I am charged with, like LAW dictates they
must do. This is against the “Rules of Evidence”. (Tex. R. EV.ID.608
(b) )
Like
any witness, I was “fair game” for impeachment once I got on stand.
But the state… needless to follow the rules of evidence which govern
impeachment. In my case the state departed from the rules on a massive
scale. So great as to raise a legitimate question of due process of law
under U.S. const. amend-XIV.
In
my case, when I got on the stand, I spent hours on the stand answering
questions about things such as, “failing to attend school”
(PRXVIII-123) etc…. a total of 36 extraneous acts I committed as a
child. I was on the stand, on trial, for a MURDER of an innocent lady, and
the District Attorney’s office is harassing and attacking me for hours,
as record shows about “profanity” used as a child? Under TEX. R. EVID.
608 (b) , a witness is not to be impeached with specific acts of
misconduct which “did not” result in a conviction…the rule
specifically state.
“specific
instances of the conduct of a witness, for the purpose of attacking, or
supporting the witness’ credibility, other than Conviction of crime as
provided in rule 609, my not be inquired into a cross- examination of a
witness nor proven by extrinsic evidence…”
The
purpose of this rule is to keep a trial focused on relevant issues and not
let the trial degenerate into a contest of “character
assassinations…” The District Attorney was so caught up in convincing
the jury I was a “horrible” child that they seemed to almost forget
what I was on trial for. The D.A.’s office threw in a lot of prejudicial
facts about “profanity” used as a child, “smoking under age” ect.
They knew exactly what they were doing. They didn’t want the Jury
concentrating on the facts, because then the truth will reveal itself. I
am NOT on Death Row for any of those 36 acts, as a matter of fact, I was
NEVER convicted of ANY other crimes my whole life… I am here for murder.
A murder I did NOT commit… KEEP THE FACTS IN MIND!!!
My
Attorneys and I believe that the abuse of letting these 36 acts into
record rose to the level of a due process violation. Such as the “Harm
Rule” for constitutional error should apply… (TEX.R.APP.PROC.44.2 (a)
provides:
“If
the appellant record in a criminal case reveals constitutional errors that
is subject to harmless error review, the court of appeals MUST REVERSE a
judgement of conviction or punishment unless the court determines beyond a
reasonable doubt that the error did not contribute to the conviction or
punishment….”
Particularly
in death-penalty cases, due to process calls for a fundamentally fair
adversarial proceeding, which may, at a defendant’s opinion, include the
“right to put on a defence”. While violations of evidence rules do not
often rise to the level of a due-process violation, this cause involves a
massive breach of evidence rules which facilitated improper impeachment.
My right to put on a defence under the accepted “rules of the game”
became a mockery, as I spent nearly as much time addressing extraneous bad
acts from my past as I did answering the allegations in the indictment.
Now,
it was understood that as a criminal defendant, the rules also serve the
purpose of limiting the accusations which a defendant must answer to those
presented in the predicament, rather then letting me be tried for being a
bad person in general.
There
is, however an exception to this rule, where a witness, including a
defendant, asserts the absence of any bad acts, for then proof of a
particular instance of misconduct would serve to show that the witness was
lying in court. As stated in Medina v. State, 828 S.W.2d 268, 270 (Tx.
App. – San Antonio 1992), “only if a witness makes a blanket
statement, such as never having been in trouble, may specific acts of
misconduct be admissible”.
Even
if I did open myself up to some refutation, however, the State went
entirely overboard, delving into prior bad acts which were completely
unrelated to any good character claim I may have made a direct
examination. As previously set forth, the cross examination brought out
thirty-six instances of extraneous bad acts. That would be pushing the
limit even as punishment evidence, but this occurred during the guilt
stage of trial. Much of it was calculated to be sensational and highly
prejudicial, such as a question whether I said I wanted to rip off my
father’s head and eat it???? What did this have to do with the guilt of
the crime charged???
Tx.
R. App. Proc. 44.2 (a) provides:
If
the appellate record in a criminal case reveals constitutional error that
is subject to harmless error review, the court of appeals must reverse a
judgement of conviction or punishment unless the court determines beyond a
reasonable doubt that the error “did not contribute” to the conviction
or punishment.
I
felt it necessary to repeat this, for, with so many extraneous bad acts
brought out; there was at least SOME risk that I was convicted because the
charged crime was consistent with my character. Even if that particular
mischief did not occur, however, it still was improper for me to be
impeached in a case where a defender takes the stand and denies committing
the crime must have made some contribution to the guilty verdict,
therefore calling for a reversal under Tex. R. App. Proc. 44.2 (a).
It
breaks down even further. “Harm” can even be found under TEX. R. App.
Proc. 44.2 (b).
That
rule for non-constitutional errors provides: “Any other error, defect,
irregularity, or variance that does not affect substantial rights must be
disregarded”. Rule 44.2 (b) was explained in HERNANDEZ v. STATE, 976
S.W.2d 753, 756 (Tex. App. – Houston (1st Dist.) 1998, pet.
ref’d). Quoting from KOTEAKOS v. UNITED STATES, 328 U.S. 750, 60 S.Ct.
1239, 90 L.ED. 1557 (1946), the standard under Rule 44.2(b) boils down to
the question whether the result was “substantially swayed” by the
error. If the reviewing court “can not say, with fair assurance”, that
such effect was absent, the conviction should be REVERSED. Id. It is
likely that at some point in the testimony of the thirty-six extraneous
bad acts, the jury’s opinion was “substantially swayed”. And again,
therefore dictating I be amended a reversal, and granted a New Trial.
Stepping
out of a “legal mode” for a minute, I’d like to speak on this issue
a little bit. A child is on trial, for a murder. His own life is at stake.
And, because the District Attorney can provide NO evidence against him,
they attempt to make the jury believe that I am such a bad person, that
even if I may be innocent, I’m a “bad person” anyway, so go ahead
and find him guilty anyway? How does this work? The law states that they
are not allowed to do this. It states that if in fact it is found in ANY
way, this helped determine my guilt or innocence, that the court MUST
reverse the judgement, and grant me a new trial. Let’s pray they follow
the law….
Lets
go back to my statement for a minute….
TEX.
CODE CRIM. PROC.
Art. 38.23(a) :
No
evidence obtained by an officer or other person in violation of ANY
provisions of the Constitution or laws of the State of Texas, or of the
Constitution of laws of the United States of America, shall be admitted in
evidence against the accused on the trial of any criminal case.
In
any case where the legal evidence raises or issue hereunder, the jury
shall be instructed that if it believes, or has a reasonable doubt, that
the evidence was obtained in violation of the provisions of the Article,
then and in such event, the jury shall disregard any such evidence so
obtained.
This
clearly states that any evidence, such as a statement, is obtained while
at the same time breaking Constitution or laws, it is to be disregarded.
However, the statements in my case where used. Due to my ineffective
Assistance of Counsel, numerous instances that could have helped to
support my claim, was never introduced. These have been listed earlier in
this report. But it helps to show why the D.A.’s office, as well as the
police, will go to such length to hide evidence and abstract justice. For,
if they do not, then none of the evidence they find can be used. So no
wonder they tend to lie so much….
In
this situation they brought me to trial first. In my trial the District
Attorney’s Office stated that I was the shooter, that I pulled the
trigger that ended Mrs. Stotler’s life, that horrible October night. Yet
month later, after they had already convicted me and sentenced me to
death, my co-defendant Jason Burkett, went to trial for the same crime, as
well as some other murders. In the opening statement in his trial and on a
couple of other occasions throughout the trial, the prosecutor stated,
that in the murder of Mrs. Stotler, that I was just a “Bystander”?. So
the same man, who is employed by the State of Texas, can stand up in front
of a jury and jury in my trial, and tell them that I pulled the trigger.
Then get up in front of this same judge in my co-defendant’s trial, and
tell a different story? What happened to the catch to tell the truth? It
is not possible for both, me and Jason, to have pulled the trigger, so he
was obviously lying in either my trial or Jason’s. And if he is willing
to lie about this, what else did he lie about?? The Death Penalty is the
“Ultimate Punishment”, it is absolute. There is no “Cops”, there
is no going back with the life of a child on the line, are we willing to
uphold a conviction, were the Prosecutor was willing to be dishonest in
order to secure a “Win”??? Where is the justice in that….? Or does
justice stand for “just-us…”?....
Now,
don’t get me wrong. In no way am I an expert on the law, or how it is to
be used. I am no lawyer, I am no professor. I am merely a young man, who
has been wrongfully convicted of a horrible crime. A young man in a
situation that dictates I write summaries such as this one. A situation
where my life depends on me learning the law and reaching out to those who
might “hear my cry” and join my fight for JUSTICE. So I ask that if
there are any mistakes in spelling or in punctuation, or if there are any
misstatements of law, that I be forgiven for they were not intentional. I
have tried to stay impartial in this, so that I may be able to get a full
understanding of “How” and “Why” I am here. Sometimes this is hard
as the frustrations of having my whole life taken away from me, doe to
overzealous Prosecution, but I try my best.
So
as you read through this summary, please keep an open mind. Try to put
yourself in my shoes. To understand how one could possibly feel, sitting
23 hours a day in a 7 x 10 cage. With nothing to curb the loneliness or
the sadness at knowing that you are innocent. That if you can not reach
out and prove this innocence, you will be murdered….
So
before we bring this to a conclusion, let me recap the FACTS one more
time, to make sure that I have covered everything:
STATE’S
CASE: (and the evidence to disprove it)
·
The
District’s Attorneys Office says that I killed Sandra Stotler at around
7:00 p.m. on October the 24th at her house in Montgomery, TX..
The
D.A.’s expert and the county medical examiner state on record, that Mrs.
Stotler was actually murdered on the 26th or 27th of
October, while I was in jail).
(The
Death Certificate issued by the State of Texas states that she died on
October 27th)
(Witnesses,
that live in the same neighbourhood as the crime occurred in, state that
on October 26th at around 7:00 p.m. they saw a truck similar to
Kristin’s at Mrs. Stotler’s residence, they had never seen before.
Shortly after they saw the truck arrive, they heard what they believed to
be gunshots. On this date and time, record shows I am in jail).
(On
October the 24th a witness for the State, wrote an affidavit
stating that at 6:30 p.m. I arrived in Out ‘’n shoot at a friends
house. He does not state when I left. The crime was to have been committed
in a DIFFERENT city, at 7:00 p.m., this same night).
(One
of the States main witnesses testifies on stand, that I arrived at his
tattoo-shop, Life Wire in Conroe, at 7:00 p.m. on 24th. He
states that I am there for 30 – 45 minutes. The crime was supposed to
have been committed at 7:00 p.m. the same night in another city? He was
the prosecutor’s witness).
(The
Prosecution’s main witness and a lady you have heard lots about, Kristin
Willis, testified that I arrived at her job at 8:15 the 24th.
This is in Willis, another city).
·
The
District Attorney’s Office says that I “willingly and voluntarily”
confessed to this crime to the detectives.
TEXAS
CODE OF CRIMINAL PROCEDURES ARTICLE 28.21
states:
“A
statement of an accused may be used in evidence against him IF it appears
that the same was Freely and Voluntarily made without compulsion or
persuasion, under the rules hereafter prescribed….
(The
arresting officer, Sgt. Blair, had a history of assaultive behaviour, as
was discussed earlier. We have affidavits to support this claim as well as
witnesses from schools he had previously worked for. * refer to previous
paragraphs)
(Testimony
as well as record shows that in no way was I resistant. They even state on
numerous occasions that I was “none-resistant” and “Cooperative”,
even “Friendly” so as to show that in no way did they have a reason to
put their hands on me).
(Pictures
from T.V. helicopters that were at the scene of arrest, show me walking to
ambulance. They show me with no visible blood on me and NO visible
injuries).
(Pictures
of me after I get out of the ambulance at the hospital show a different
story. They show me COVERED with blood. Scratches, cuts and bruises all
over me. They show a swelling on the side of my head, behind my ear, that
turned out to be a severe haematoma. I had “free flowing blood” coming
from my ear. The ambulance personal can confirm that we did not get in a
wreck).
(The
medical personal testify when asked about all my injuries, that they felt
they were a result of “Police Interaction”. Vicky Howard, the medical
supervisor at the county jail, testifies that she “refused” my
admittance into the jail, due to my severe injuries and their lack of
explanation. She asked them to take me back to the Hospital, and have my
head ex-rayed, for she would not be held liable).
(The
ambulance left the scene of arrest, to travel to the hospital. The
hospital was only 13 miles away. Records show that it took 58 minutes to
drive these couple of miles? While in this ambulance and on the way to the
hospital, I was accompanied by Sgt. Blair, who I talked a lot about
earlier. 58 minutes, with emergency light capabilities, and a police
escort available).
(When
I requested my attorney, the response I was given by Mr. Blair, was to be
pistol whipped on the side of my head, by my ear. There are recorded
medical records of my injuries to support this. Refusing me my attorney is
against MY RIGHTS).
·
other
evidence that I feel is important to mention or to go over again:
(In
Jason Burkett’s trial, the District Attorney’s Office says that Jason
killed Mrs. Stotler, and that I was just an innocent bystander).
(The
District Attorney’s Office could provide no evidence to support their
claim that I committed this crime. They found NO DNA. NO fingerprints. NO
witnesses. They found all of the above to support a claim of guilt against
both Kristin Willis and Jason Burkett).
(The
statement they had was not even written by me. A detective, DET. Mace,
wrote a summary of what “he felt” I told them, then submitted that as
my statement?)
(Numerous
people that were locked up with Jason, sate that he confessed to them and
that he expressed his confusion as why I had confessed to a crime I “did
not commit” and that he felt I was trying to cover up for Kristin).
(A
Patrick Sadillo stated that he heard Jason tell me that he was going to
tell the truth about him and Kristin killing Mrs. Stotler. He says he
overheard this while we were going to court).
(Keith
Thurman, who was Jason’s neighbour at the county jail, spoke of Jason
laughing to him, saying how he was going to get away with murder, because
I took the blame for him, and about he could not believe I confessed to a
crime I did not commit. He stated that Jason used to express his anger at
the fact that Kristin was going to get away with murder, while he was
going to at least have to do some time).
(The
District Attorney’s Office sent Detective Mace to try and speak to me
after I had slept off the drugs and other substances I was on at the time
of the arrest, and I wrote an affidavit stating that I would NOT make a
statement without my attorney. We have copies of this).
(The
District Attorney’s Office has proven my innocence by proving that it
was impossible for me to have committed the crime. They did this through
their own witnesses. Such as Shane Atkinson testifying to the fact that I
was at his shop on the 24th, in a whole DIFFERENT city, at the
time the D.A. says the crime happened).
(The
D.A. proves that it was impossible for me to have committed the crime by
having an expert get on the stand and testified to the fact that through
his medical experience and investigation he said that the murder happened
on either the 26th or early 27th. And considering
the fact that I was locked up in jail, as records show, it was impossible
for me to have committed this crime. Same goes for the fact that they hid
a Death Certificate that stated that the death of Mrs. Stotler happened on
the 27th. And I was in jail, locked up at that time????)
So
one must question the system itself, when a child can be sentenced to
Death for a crime that is so obvious he did not commit. Now, a lot of
people tell themselves, that the courts will handle this problem and that
“Justice” will be done. However this is not always the case, and in
fact it is becoming rarer and rarer every year…. I mean, if they can
convict me on a “confession” that was obviously obtained illegally and
was obviously given to avoid further harm, and was obviously given by a
drunk and high young, scared child. But, does any of this matter????
NOPE….
Let
me explain why….
THE
TRUTH TO THE SYSTEM
The
Governor of Illinois imposes a moratorium. Mexico files suit in the
International Court to prevent America from killing its citizens who’ve
been illegally condemned. The United States Supreme Court agrees to review
an unprecedented number of death penalty cases. While in Texas, the
assembly line of death has unmercifully seamed forever closed the eyes of
its 300+ and counting, victim.
All
throughout the nation, suspicions are beginning to mount about our
countries use and administration of capital punishment. From Judges having
their actions called into question for disregarding the law and using the
bench as a podium to wield ideological beliefs; prosecutors who’s
overzealousness have showcased serious bouts of misconduct; defendants
being placed in arbitrary positions where the outcome of their fates are
decided by biased juries; and states starting to allege that according to
constitution they have the right to murder even those who are possibly
innocent to insure that “justice” is given… (Do I have to say which
ones?). It shouldn’t be surprising therefore, jurisdictions throughout
the land, have carefully chosen to re-examine their laws regarding capital
punishments on the books. What is surprising is that conservative justices
from the nation’s highest court have been quietly spurring this movement
by calling on people to wake up and elect better politicians:
Justice
criticises Senate Over Nominees:
Charlottesville,
VA. – the increasingly factious and partisan climate surrounding
nominees for federal judgeships may damage the court system, and both
political parties are to blame, Supreme Court Justice Anthon M. Kennedy
said Thursday:
The
Supreme Court can not tell the senate how to handle judicial nominations,
Kennedy acknowledged during remarks to law students at the University of
Virginia.
“But
they had better start thinking about the dangers to judicial independence
from insisting on nominees that have particular views”, Kennedy said.
selected
in part from the Houston Chronicle
In
the nations capital for executions, Texas politicians; facing mounting
criticism over the scheme of capital punishment currently being employed,
have been quite blunt in describing their system on one of lacks any
faults, despite the local trend of local headlines proclaiming otherwise.
Starting
with the Texas Criminal Court of Appeals (CCA), spearheaded by Chief
Justice of executions Sharon Kellar (called Sharon “Killer” Kellar).
Who is wearing proudly on her sleeves a strong believe in capital
punishment and at every opportunity goes to great length to prove it; she
wrote for the courts majority in Graves vs. State that prisoners or
defendants have “no right” to challenge the competency of their
counsel, and that “Innocence has no part in appeals”. The intention of
such a ruling not long afterwards proved why the majority of Texas
overwhelmingly believes that an innocent person has been executed. As it
came to light that Sharon “Killer” purposely appointed a condemned
prisoner an attorney who had no experience handling death penalty cases,
had been sanctioned several times by the State Bar, suffered from bipolar
disorder, by his “own admission”, performed cursory work and missed
crucial deadlines which couldn’t be contested therefore resulting in his
client being killed….
(In
the “Killer’s” own words!):
During
a filming of a controversial debate from crossfire, Sharon the Killer was
asked by the host how a person could prove their innocence after the CCA
made national headlines for refusing to accept the result of a DNA test
were the conclusion proved that a defendant was innocent. Her reply: “I
don’t know”???? She didn’t know how a person could prove their
innocence because that is something she won’t allow in her court. But
she does know how to use the law in order to keep people falsely
imprisoned or to have them wrongfully executed???....
Unfortunately,
even stating as much, most people just refuse to understand the importance
of competent counsel. They
figure any attorney should be able to help a prisoner if in fact they’ve
been wrongfully condemned. But competence is of extreme necessity when for
example: a prisoner’s case arises out of a country where calls are being
made to investigate it for acts of wrongdoing? That is exactly the case
that unfolded in Houston. Where a “leaky roof” (a.k.a. sneaky roof)
had become the culprit responsible for shutting down the cities entire
crime lab after manipulated forensic tests, lost evidence, and numerous
unexamined-yet-rubberstamped preliminary findings- in capital cases in
capital and non capital cases – have thrown into question hundreds –
if not thousands of convictions….
If
one doesn’t have an attorney competent enough to press this issue or
their issue of “Actual Innocence” they will be forced to settle for
the result of their country’s District Attorney, who, in Houston is
claiming to carefully review each and every case; will privately convene a
grand jury and secretly handle how the investigation is conducted to
prevent anyone from knowing what is uncovered, or how the District
Attorney’s Office was never involved. Especially now that criminal
charges being filed on them has become a great possibility. How far do you
think they would be willing to go to not see charges of capital murder
being filed on them, or to have to face the possibility of death for
knowingly having innocent people convicted and/or executed? That’s why
one needs competent attorneys to fight.
Rosenthal’s
Position on Lab Controversy
“We
have been, and will continue, to notify both defendants and their lawyers
of potential defects in evidence so that (court of law) can resolve the
issue”. Harris County District Attorney Chuck Rosenthal stated in the
Houston Chronicle. Failing to mention that the courts of law of which he
speaks has cultivated a reputation for allowing prosecutors to conceal
exculpatory evidence, permitting police officers to beat and or
“persuade” suspects into “confessing”, and if by some stroke of
luck that prisoner still finds a way to prove their innocence – the
court will simply refuse to hear it. But he did go on to mention, “there
are no cases in this court where a defendant has been executed and there
has been possibly faulty “evidence”? ? ?
In other words, don’t even waste your time, for he has already
destroyed any evidence to prove otherwise. Next thing you know, he will
say that there are no cases period, where faulty evidence is involved.
(Closing
down the whole crime lab, is in-end-of-itself an admittance of faulty
evidence!)
At
a moment like this where there is no shortage of embarrassing
developments, the public should be seizing the time to saturate the world
with questions, asking: Why do they believe the CCA purposely appoints
incompetent attorneys? If they feel our system of capital punishment needs
fixing? Should our legislators impose a moratorium to study the system,
then demand to free those who it discovers a possibly innocence? And would
they take action if they think it doesn’t deserve to be executed? But
that’s not what’s happening. What’s happening is death penalty
advocates have launched a virtually uncontested campaign through the
channels of media to keep the general public and opinions polls results
– which have a funny way of affecting politicians – placid… One of
the hardest thing for me to hear people attempt to make the argument that
the death penalty has not – and will not be used to – execute an
innocent person…. The reason for that is because every other day I find
myself reading one case after the next in which juries have not only
debated upon the legality of executing someone who is innocent, but agreed
upon the fact that it is constitutionally acceptable. Sad to say, but
those cases aren’t just legal wrangling. These are laws that have been
used to destroy human lives. Its amazing how many times you can find the
State saying “Well… even if he is innocent….- “.
“Let’s
say you have a video tape which conclusively shows the suspect is
innocent. It is a Federal constitutional violation to execute that
person?” United State Supreme Court Justice Anthony Kennedy asked Texas
Assistant Attorney General Margaret Griffey as she argued the case of
Texas Death Row prisoner Lionel Herrera shortly before he was executed.
“No. It would not be volatile of the constitution”. She replied ….
???? “Justice???”
Texas’
Assistant Attorney General, Margaret Griffey, has made it very clear the
standard set for prisoners such as me, once we reach Death Row…
“Impossible”. If a crime can be video-taped, and if that tape itself
shows that an individual is innocent, and the State can still execute this
person…. Then how does one expect to prove their innocence?? Why do they
even have an appeal process?? I can only give my opinion. It is for YOUR
benefit. So the average citizen can feel comfortable with the system
giving us a change at proving innocence. When in reality they just
rubberstamp us on through to the gurney…
(Back
to the matter at hand :)
Regardless
of whether the crime happened on the 24th, 26th or the 27th, I AM
INNOCENT! FACTS prove this. Evidence, and lack of evidence, has proven
this. They can place both Kristin and Jason at the scene and have evidence
on both of them. They themselves place me away from the scene and in Jail,
so therefore making it IMPOSSIBLE for me to have committed the crime…
The
sad thing is, NONE of this matters. NONE OF IT!! In order for me to be
free again, the state of Texas has to swallow their pride and admit that
they were wrong. This will not happen with out help ….powerful help.
Texas often does not follow the law. Even when the Supreme Court orders
something, Texas will go out of their way to blatantly ignore it. They
prove this time and time again….with no end in sight. The only time that
Texas is willing to give in is if the feel not giving in is the worse
option. If they are not pressured into in, they will not do it, regardless
of “right or wrong”. Texas is getting away with murdering innocent
people!! And what are we doing about it?! What are we going to do about
it?! What have we let our society come to where we value a WIN over a
HUMAN life? Money and Power over Justice?? If we let this continue, what
do you think the future holds for us? What type of world do you want your
child or grandchild to grow up in? One were they fear the very people paid
to protect them?? One, were coming from a good family and being at the
wrong place at the wrong time could see you sitting on Death Row?? Trust
that things will only get worse if people don’t take a risk. I know this
is scary. There are reputations to consider…careers to worry about.
Please believe that I understand that this is scary to jump on board
behind a kid who is on death row, convicted of murder. It is much easier
to blow this off and go on with your day to day life.
It
would also be much easier for me to give into my pain, hurt and anger, and
take it out on those who suppress me. Its easier to do like some and give
up, and try to cause harm to anyone and everyone….
“I
could be vengeful and feed my anger’s hunger, but to uplift your
consciousness, do I have to become a monster?”
But
I have chosen not to. Why become the monster society claims me to be? I
will not let them change me! I am a loving and caring young man and will
stay that way. I have instead, dedicated my time to trying to help others,
so they may understand the reality of our situation. Situations that each
citizen has helped create by choosing to do nothing.
I
come to you with a chance to change that. A chance to do something. A
chance to get behind a righteous cause. To make a difference. To save a
life. And ultimately, to save hundreds….
I
will end this in hopes you will hear my cry….
“It
is better for a leader to make a mistake in forgiving than to make a
mistake in punishing”
(Al-Tirmichi,
Hadith 1011)
In
heart and struggle I remain,
Michael
Perry #999444
THIS
MISTAKE WILL COST A LIFE….MY LIFE…..
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