The Thoughts That Haunt Us
By Michael Perry
Awake by my own screams
deep thoughts lead to evil things
I fight for control
but with my soul I pull no strings
A victim to wicked dreams
tormented and twisted scenes
There is no escape
my fate the hatred that people bring
Whose voices chant death
a sickness killing themselves
Until theres nothing else left
but to contemplate their last breath
Reasonable Doubt ... and Beyond
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.
More than 60 police offices filed reports showing the time of death to be on October 26th or 27th.
Witnesses, that live in the same neighborhood 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 State's main witnesses testifies on stand, that I arrived at his tattoo-shop, Live 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 page 1)
Testimony as well as record shows that in no way was I resistant. They even state on numerous occasions that I was “non-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 the 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 hematoma. I had “free flowing blood” coming from my ear. The ambulance personnel can confirm that we did not get in a wreck.
The medical personnel 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, state 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 neighbor 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 had 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????
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, victims.
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 Criticizes 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 belief 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 where 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 county 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 city's entire crime lab after manipulated forensic tests, lost evidence, and numerous unexamined-yet-rubberstamped preliminary findings - in capital cases 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 county’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 violative of the constitution," she replied.
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 without 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 they 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….
THIS MISTAKE WILL COST A LIFE….MY LIFE…..
In heart and struggle I remain,
Michael Perry #999444
“It is better for a leader to make a mistake in forgiving than to make a mistake in punishing.”
(Al-Tirmichi, Hadith 1011)
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Did you know...
As of February 10, 2006, 407 people were awaiting execution in Texas.