State-administered death is always a greater horror than any other by virtue of the methodical reasoning that precedes it. French philosopher Albert Camus wrote that "capital punishment is the most premeditated of murders". "The United States' concept of justifiable homicide/Executions in criminal law stands on the dividing line between an excuse, justification and an exculpation. In other words, it takes a case that would otherwise have been a murder or another crime representing intentional killing, and either excuses or justifies the individual accused from all criminal liability or treats the accused differently from other intentional killers.

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An Execution Date set

Michael Perry 

Texas executes Michael Perry on July 1, 2010 

Rest in Peace 

Do you hear me cry !! - Now

Werner Herzog's "Into the Abyss" documentary

In this June 9, 2010 photo, Michael Perry, 28, speaks from a death row visiting cage at the Texas Department of Criminal Justice Polunsky Unit outside Livingston, Texas. Perry is set for execution Thursday, July 1, for the October 2001 slaying of 50-year-old Sandra Stotler during a burglary of her home near Lake Conroe, north of Houston. Perry will be the 14th prisoner executed this year in Texas, the nation's busiest death penalty state. (AP Photo/Michael Graczyk) (Michael Graczyk - AP)

HUNTSVILLE, Texas -- A convicted killer was executed by lethal injection Thursday evening for gunning down a nurse at her suburban Houston home nine years ago and stealing her car.

Michael James Perry, 28, mouthed to relatives and friends watching through a window that he loved them.

"I want to start off to everyone involved in this atrocity, they're all forgiven by me," he said in a brief statement from the death chamber gurney. He never acknowledged relatives of his victim who looked through an adjacent window.

Perry was pronounced dead at 6:17 p.m., making him the 14th prisoner executed this year in Texas, the nation's most active death penalty state.

The U.S. Supreme Court, about 90 minutes before Perry's execution, rejected a last-day appeal from his lawyers. They unsuccessfully argued they had new evidence showing Perry was already in jail when 50-year-old Sandra Stotler was murdered in 2001 at her home near Conroe, Texas. They also contended a co-defendant and friend of Perry's killed Stotler.

Prosecutors said a "mountain of evidence" pointed to Perry - most notably that he was seen driving Stotler's car and bragged about the killing before his arrest.

Associated Press reporter Michael Graczyk contributed to this report.
http://www.washingtonpost.com

Do you hear me cry? 

Current case summary 2/24/05

 

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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