By Michael Perry
Sometimes I try too hard
Thinking that competing with self will reward
That only the depths of my sould can acknowledge
This is why my determined decision
Seems to appear more and more like a mission
Allowing my growth and development to be something scholastic
While the balance of my life is man made and drastic
There is no one but myself to blame
Because throughout all the pleasure I've searched for the pain
That can bring me closer to only knowing myself
While others don't wish to know about me
Just the means for my death...
Reasonable Doubt ... and Beyond
My name is Michael Perry. I am a 28 year old young man, writing my story, from a Texas Death Row Cell.
I'd like to tell you about an 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 my 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. Sandra 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 gauge shotgun.
The motive for this horrible crime is believed to be her 1997 Camaro.
Her body was found on Saturday the 27th of October in a secluded lake called "Crater Lake."
A Mr. Randy Pond discovered the body around 4:30 pm. He immediately called the police, and they then sent their detectives and Crime Scene Investigators, (CSI) to the scene.
After 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 happened, testimony states that they found:
Blood and "back-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 positive match to the shoe print, but 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 testified that Burkett could not be eliminated as a possible match. 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 finger prints 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, were found inside the laundry-room by the foyer. It was a "spent" shell, and the one that was shot at Mrs. Stotler. When given the opportunity to test for finger prints, the DA said that they would rather have a ballistics test run on it to match it to a gun. So, once again no prints found.
Jason Burkett was found to have given several identical shells out to friends as "souvenirs."
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.
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 yanked 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 what you did, and why you did it, 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!” (Everett Willis was the attorney I retained on a previous case for an ex-girlfriend and myself.)
Instead, I was 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 had 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 induce 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 “Homeland Security," was found to have a reputation of assaultive behavior. 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 steering 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 the extent of the blood splatter. We have pictures of this man's face and other injuries that resulted from 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 Sgt. Blair used to work at Willis High School, until he was fired for smashing a student's head through a car window.
Sgt. Blair also reportedly worked at the Conroe High School, where he was also asked to leave for smashing a student's head into a locker. This information was given to me by a friend of Sgt. Blair who wishes to remain anonymous. The file explaining why Blair was fired is "missing."
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 53 minutes later. So it took an ambulance with emergency lights, and a police escort, 53 minutes to drive a couple of miles…?
While inside this ambulance I was accompanied by 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 stresses how “cooperative” I was. How non “resistant” I was. They even stressed how “friendly” I was. Yet when taken to the hospital, it was found that I had a “severe Hematoma” 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, [the District Attorney] stressed on how, “Friendly, Cooperative, and Non-resistant” 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 [Texas Department of Corrections] 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-resistant,” “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 throughout this ambulance ride, where I received unexplained injuries, is where I was supposed to have given 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. But were 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, 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…..
Records show that there are 60+ police reports, filed and signed by Sergeants and Lieutenants as well as regular officers, that place the time of death on the 26th or 27th. Aren't these credible witnesses??
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, neighbor states in an affidavit for the State, [an affidavit] 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. The District Attorney’s Office however, had knowledge of this information, but never shared….
So, let’s talk about facts:
On the morning of October 26th, 2001, at approximately 9:00 am, 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 bond 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 though it has now clearly been 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… The 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 Cut 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 – 7:45 (at least) on the 24th of October… At which time I left to go pick up Kristen Willis from work in Willis, Tx. 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 a 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 have been lying. And….they would not do that….
60+ police officers signed police reports placing the time of death on October 26th or 27th.
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…
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Since 1988, 4,156 people have been sentenced to death in the U.S.