Sunday, June 26, 2011

Summary of Why I Am Still in Prison and How We Know That I Will Go Home Soon

(This late message from Michael has just been added: "After filing 6 large pleadings totaling over 600 pages and persistently turned down twice, I just received a fabulous court ruling!! It does not say go home, but it will force the government to produce evidence that will allow me to go home more quickly!!") - June 27, 2011
All this is explained in detail in the full 12 page Summary. I'm still in only because I have not been able to file any Appeal four years after my conviction, which we can easily prove was Constitutionally invalid (when we are finally allowed to present my case to the higher, reviewing Court). We have more than 100 (one hundred) times the evidence needed to prove my innocence and prove I was intentionally framed.

We have not been able to yet file my Appeal since the biased Court who convicted me, the District Attorney, and also my Public Defender, have all claimed that they cannot find some critical sealed records which were to be kept under lock and key. These "lost" records are a few hundred pages out of 47,000 pages of official evidence… and I'm not able to file my Appeal without them. All three of these groups are State agencies. Since the State will have to write me a State record awards settlement of $30,000,000 or much more, it is clear what is going on.

Most Appeals are filed within months and decided within a year. The law requires that the Court produce a full record of the proceedings within 60 days following the filing of a "Notice of Appeal'. Mine was filed on 3/1/07, over four years ago. I recently located a case with a delay of only three years and eight months, which the higher Federal Court called "alarming" and ordered the inmate released within 90 days. I will have a MOTION T0 DISMISS filed under that controlling law within 30 days. That is our 1st attack.

There are, as I said above, at least 100 truly slam-dunk legal approaches that will reverse my unlawful, provably fabricated, via many criminal acts which I have briefed and evidenced, conviction. A pleading alleging these crimes was filed with the Superior Court on 4/18/11, with over 250 pages of conclusive supporting evidence. My biggest problem, aside from the continuing, obvious delay by the State actors to obstruct justice, a Penal Code (PC) 182 (1) through (5) felony, is choosing “what first“. And, as long as I'm waiting I keep digging for what else I can find. Here are keys:

I. The MOTION TO DISMISS above based upon the "alarming" intentional delay. The State has not even paid my lawyer on my case for over three years, so she slowed down.

II. The Judge gave three illegal jury instructions which linked me to some unproven conspiracy when no evidence was introduced to link me in any way to a conspiracy, even if one was proven, which it was not. Supreme Court law is absolute that jury instructions cannot be given without supporting evidence. The jury foreman gave a post-trial sworn declaration which confirmed that I would not have been convicted without these unlawful jury instructions. These are automatic reversals.

III. This may be somewhat esoteric for people not trained in the law, but the result of these unlawful jury instructions was what is called a "directed verdict" by the Judge which says you can/should convict without the prosecution having to prove every element of the crime beyond a “reasonable doubt“. U.S. Supreme Court law is unyielding that because of this, the conviction must be reversed, 508 US 275, 279.

IV. Evidence proves about 50 instances of material false testimony or perjury by 14 State witnesses. Only one is needed to mandate/require automatic reversal.

V. Evidence proves over 250 pieces of evidence that would have proven my innocence that the State has but withheld/suppressed/hid and haven't produced for the defense. Just one of these, when shown to be material enough, requires reversal. There are also 110+ confirmed witness statements for trial witnesses that I) the State has, ii) were withheld, & iii) must be produced, or the conviction reversed. End Summary 1/10/11

Read the entire 12 page Summary by clicking