MESSAGE FROM JV NOVEMBER 17^th (to respect people’s privacy, all names were substituted by initials)

Dear Giorgio,

I myself, though a US citizen since birth fifty-four years ago, am definitely still learning about the legal system, the judicial system, and the penal system in the U.S. Just as with any other system, I think it is only as good as the people who run it. I went to see him yesterday. He said that he knew one day into the trial what the outcome would be. The prosecution called so many witnesses, and they spoke for so long, and the defense attorneys, Eugene's lawyers, asked these witnesses questions but not very many, Eugene said. Then when the prosecution was finished calling witnesses, it was after three and a half days of testimony and evidence pertaining to the previous trial. Although the jury was specifically charged only with the sentencing, not with finding of guilt or innocence, the trial was (I think) pretty much rehashed, and then on Thursday afternoon, the defense called their witnesses: Q., Eugene's sister; Eugene's brother from Louisiana; myself. I do not know if any others were called to testify on Eugene's behalf. As I was going to be on the stand myself, I was not allowed to sit in the courtroom prior to my testimony. I did not hear the testimony from his brother and sister. I did however hear the testimony from Q., from a medical doctor about diabetes, and the closing arguments by three of the four attorneys involved.

There is a man named W.L., who is an anti-death penalty advocate who lives in Houston. He observed the trial from Tuesday afternoon until Friday noon, when the jury was sent out to deliberate. He has some thoughts on the matter, too. I do not know if I have his contact information anymore. I will look for it.

Giorgio, I think Eugene's lawyers did a good job. Of course, they were like David versus Goliath, Goliath in this case being the entire system. They pointed out that although E. was in fact tried and found guilty of the D. murder, it was based on a combination of circumstantial evidence (he gave his live-in girlfriend a ring with her name on it, and a purse that evidently had been S. D.’ purse) and the testimony of a man named C. S. who was at the time a drug addict and customer of Eugene's. S. was also a liar, it seems. But his testimony was taken as truth. He swore he was Eugene's roommate. Eugene says no, he never was his roommate, but he did know where Eugene lived.

I don't know, Giorgio. It has been an unanswered and unanswerable question for me, whether Eugene did in fact kill any of the people whose murders he was charged with. Mr. D., and another man who survived a robbery/murder, both are sure it was Eugene who attacked them. However as E's lawyer pointed out, D. was knocked unconscious and did not actually SEE who killed his wife, or who shot him in the head. I don't know about the other man, as that was only referred to, later, when the D.A. was giving his closing arguments to the jury.

Of course, even if Eugene did murder someone, or more than one, he is still my friend, and I am still his friend. However, he says he never killed anyone, and I tend to believe him. How he got the ring and the handbag though becomes a somewhat unsettling question. It seems to me that it is entirely possible that S. did all the murders but convinced the authorities it was Eugene........and perhaps, S. paid Eugene for drugs with the ring, the purse, etc.

Eugene's lawyer, S. C., said to the jury, "You have a unique opportunity, to see how a man who had been condemned to death behaved in prison for eleven and a half years after that. He did not have much motivation for good behavior, did he? He was already condemned. But he had almost perfect behavior, for all those years. The worst thing the D.A. could find out about his behavior in prison was that he was reported to have thrown hot coffee at another inmate, and was written up for having too much SOAP in his cell. " Skip explained to the jury that very soon, the D.A. would play on their emotions, and that was his job, but that he hoped the jury would then calm themselves down and make a rational decision to give Eugene a life sentence.

But the District Attorneys, the prosecutors, have such a different point of view, and different way of expressing themselves. They said that Q. had testified that Eugene would be a "threat to society", and they interpreted that for the jury by saying "society includes the nurses, the librarians, and the other inmates in general population at a prison", implying that all those people would be at risk if Eugene received a life sentence. They are very good at making listeners think the worst. They seem to believe the worst, themselves. Mr. H., I was told by W. L., has sent quite a few defendants to Death Row. His job is to keep the citizens safe from criminals. Unfortunately we do not have here in Texas the kind of life sentence that does not have the option of parole. So a life sentence really means the possibility of parole in the future. Of course, I myself would love to have Eugene sit in my kitchen and cook him a great breakfast. I had hoped that would eventually happen, when he and I were OLD! Now, it would take some kind of miracle I guess. I do wonder, though, what our options are at this point. I know the governor of Texas hardly ever grants a stay or a pardon. W. says the appeals are unlikely to be effective, but that there is a possibility of a new TRIAL if anyone can find an ERROR in this one that just occurred. I think only W. is likely to do that, and I don't know what happens, if anything, if he does. The transcript of the trial is very long and very expensive.........and takes some time before it is available, I was told.

There was a doctor who specialized in diabetes who was called to the stand, and I don't understand what that was all about. It seemed they were trying to blame Eugene for gaining weight, and use that as an indicator of character somehow. In fact, it is impossible to exercise when you have handcuffs and shackles on, and the food in prison is terrible. Would I have the self discipline to do sit-ups in my cell, and not order food from the commissary? Very unlikely!

I asked Eugene yesterday how he felt, and he said that after the trial ended and he was taken back to the holding cell in the court building, he considered suicide, but he just has such a strong will to live. He was angry, he felt the trial was unfair, and he did not understand why his lawyers did not want him to testify on his own behalf. He did take the stand, and answered many questions from the D.A., and the judge had to speak sharply to reprimand the D.A. about tone of voice and volume. He said, "sit!" like you would speak to a dog, when the D.A. was standing up and using a loud, sarcastic voice while questioning Eugene. When I asked Eugene if there is anything he is looking forward to about going back to Livingston, he said "not really. It's just going from one worst to another worst". He has a TV in his cell at Harris Co. jail, which I don't think will be the case at Livingston. From my point of view, at least our visits will be longer, two hours long, instead of the fifteen minute visits at Harris Co. in Houston. (driving 3 1/2 hours one way for a fifteen minute visit, and then driving home, is exhausting. I did it three times in four days, and spent most of the day Saturday sleeping to recover. However I am glad I did go again yesterday. W. had been to visit on Saturday, but Eugene's sister has not been to see him yet.)

I guess this is enough! I do want to say again that if anyone from Italy or other European countries wants to visit Eugene, I will be only too glad to provide hospitality here in Austin. We are a four hour drive from Livingston. And one would have to prepare long in advance as only people whose names are on his visiting list are allowed to visit, and it takes some time (of course!) to get new names onto the visitors' list. My husband, Larry, wants to be added to the list, now that he has visited E. a few times in Houston and has spoken with him on the phone.

I will visit again near Christmas, during our school vacation, and will let you know about that visit afterwards.

all best to you—J.