Personally, this past year has been the most difficult of the past 7 years of my incarceration. Not only because of the disappointment of the court’s decision and the prosecution’s persistence to kill me and ignore the case in respect to the prosecution of anyone else, but also here in prison the conditions of my confinement have been a bonus of punishment and anything that will make my time here even more difficult. Since July of 1997 I was placed under a new policy that allows the administration to set longer and many more sanctions and restrictions against me. During the hottest part of last year’s summer I was denied a fan and also personal hygiene products (such as; soap, shampoo, deodorant, etc.). From then until the end of this July 1998, I was no allowed a fan despite the record temperatures throughout the state of Texas. Other restrictions and sanctions were a limitation of out-of-cell time, visitation, no access to the prison store for hygiene or postage, or other writing materials, no dessert on any state/prison meals served, solitary confinement with no personal interaction with other inmates, and still others that are too many to write down here. Yet, in all these difficulties, this past year has also brought some hope. I have had positive responses from friends making efforts to help in a variety of ways. I have had communication (which is ongoing) with the National Coalition to Abolish the Death Penalty (NCADP). They interest to include my story in their campaign to focus in the abolition of the death penalty against juveniles is a good step, allowing me the opportunity to get some attention within the U.S. and finally be able to find the necessary support to complement the efforts and attention already being made in Europe. A hopeful sign has been the response by the governor (through an assistant general counsel) on a letter sent by a friend from here in Texas. As those who have already sent letters to the governor, in particular from Europe, a respond in a short period of time is not standard, nor guaranteed. What has also made this letter a good sign is that it was not a standard or form reply of the “we received your letter and will look into it” type, rather it was specific of the status of my case and of the limitation of the governor to intervene at this time, but they will keep the information if it becomes necessary that the governor take action at a later date. It is not a guarantee of course that he will, but we are now hopeful that he has heard my story and if he hears of it again through the media or other actions, then it would be a much better chance that he will offer it more thought to a possible action that can be taken on my behalf. With so little to depend on, any sign even if very faint of hope is something that I (we) have to take a hold of.
There is also the matter of the greeting cards that were to be used in aiding the fundraising efforts. I am now in the process of also ordering materials to do some small crafts items my self to include in these efforts. It is not only a way for me to spend some time here in activities but hopefully it will also be easy to sell or give away to those offering their support.
As things stand now, the petition that was filed in federal court in April 1998 is seeking to have federal judge review the decisions made by the state courts in their consideration of my case. We are raising approximately 21 claims. They are essentially the same that have been raised on both, the direct appeal of 1993 and the habeas petition of 1997. I received on July 30th, the response the State’s attorney gave to this federal petition and argued that it should be summarily dismissed because they are the same claims already decided by the state courts and the state courts were fair in their review. Also, the state’s attorneys are arguing that because of the federal law of 1995 that limits death row appeals, the petition should be dismissed and should be executed. The state relies exclusively on the position of the Laredo district attorney and in the summary of the facts of the case given by CCA (which is incomplete, incorrect, and misleading). So on the 11th of August 1998, my attorney have asked for an extension of time to respond to the state’s arguments, so that the petition can be fully considered and not dismissed as the state would like. This extension is being asked for until September 12th, 1998. If it is denied, then the response the state’s arguments must be made by August 27th. It is up to the judge once everything is filed, how long he will take to act or to decide on the petition and arguments presented to him for his consideration. We can only hope for the best.
There is also at the moment the on going federal investigation of the district attorney for corruption. This investigation has already resulted in three convictions, one of a local attorney and former district judge who admitted to paying assistant district attorney money to fix the outcome of cases and falsify documents. Another was of a sheriff’s officer who paid someone from the district attorney’s office to fix the outcome of a case. The third is another sheriff’s officer who illegally took information from the FBI database and sold it. The investigation continues and more word of wrongdoing and corruption are sure to be made known. I am not sure myself how this will be used to help me, since it is and has been a claim since the beginning that the district attorney decided to prosecute me unfairly, and which we found last year had actually made a deal with a district judge to protect the judge’s son. We can only hope that this is evidence that can substantiate that the state courts have refused to believe, in particular from last year’s hearing.
So with all this we are ready for everything to come together in one final push to break through the glass walls that give only the appearance of fairness and following the law. but in truth have kept those from me. Maybe this year will result in good news, in my freedom, a new trial to let jury decide fairly if I am guilty, or a lesser sentence that is not irrevocable as death, and may still offer the chance to continue the fight for my freedom.
For this, it is important; that you continue to do what you can, and that still more people can be involved. As much attention as possible from individuals and organizations is the priority along with the work that my attorneys are doing within the court system. My plea and my hope is to encourage you to be my voice, my hands, my eyes and ears, maybe I cannot save myself, but with your help, I can be saved.
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