April 30, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
MKH told me you put the money on my account this morning. Thank you for everything you do for me. I hope to shake your hand soon. You did real well on the blog video about Julie. My investigator showed me on his laptop. Thank you! I‘m enclosing another short blog. Would you please post it and email to MKH. I am so angry at the sheriff. He didn‘t have to embarrass and disrespect me like that.
Your brother in Christ,
Michael
May 2, 2009: Blog from Michael edited and posted by Mr. Bill Title: Zoo Keeper ―Red‖ Dee Anderson
The political office of Tarrant County Sheriff may warrant respect but does the Politician Sheriff deserve any personal respect? I wonder if Red enjoys humiliating human beings? Maybe he thinks he's ―The Zoo Keeper.‖ He stood beside my cell (or in his mind ―cage‖) and told the female inspector something to the humiliating effect: ―And in this cage (my prison cell) we have
―'Toney the Tiger‖ who was once near extinction...‖ It sounded like something you would hear a zoo guide say as you visited the animals in the zoo. Red's disrespectful, inhumane and ignorant denunciation brought to my mind the following:
―This wonderful terrible creature should have been out roaming the savanna, ruling his pride, striking fear into the heart of every wildebeest, bringing down zebras and gazelles whenever the urge seized him. Instead he spent every hour of every day and every night of every year alone in a cage smaller than your bedroom. His food is served to him through a slot in a metal door.
Sometimes at night, after the city has gone to sleep, I would hear his roar come down from the hills. It sounded not so fierce, but rather mournful. During all my visits (to the zoo) he never looked me in the eye. I desperately wanted him to, wanted for his sake the chance to stare me down and would have loved it if he took a swipe at me. But he just lay there; weary with the deep weariness that comes from boredom, taking shallow breaths, rolling now and then from side to side. For after years of living in a cage, a ―tiger‖ no longer believes it is a ―tiger‖... and a man no longer believes he is a man.‖ -- Wild at Heart by John Eldredge Unlike that ―tiger‖ unjustly incarcerated- caged in the zoo, I haven't forgotten that I am a human being. The misery of injustice of which there is no greater misery has forced me to keep a death grip on my humanity. Injustice and solitude has forced me to find humanity where little exists.
Sheriff, I desperately wanted you to be a man and ―Look me in the eye‖ but you refused. Tell me, who is more of a ―man‖- who is more human- you or me? I know who I am while you ignorantly believe that you are more than whom and what you are. I am just an innocent man who has suffered an unimaginable indescribable injustice. What are you Red?
May 3, 2009: Email from Michael to M‘AIM forwarded by Mr. Bill Subject: I'm trying...
Mom, R, T:
I'm trying so hard to ―convince‖ and prove to you the importance (life and death) of confidentiality but I feel like I'm up against a brick wall. I cannot tell you anything as we cannot forewarn the adversary (the prosecution) but maybe if you read for yourself an excerpt from a letter to me from one of the lawyers you will better understand. Remember: ―The state doesn't care about my innocence. They only care about whether they can convict or not.‖
With each new discovery comes more expense because we have to be able to put the evidence before the jury. I'm trying to engage the Italians again. I am so grateful to all of you and my precious Julie. Please don't let all be in vain.
Love and Kisses,
Michael
P.S. Please forward to T- I don't have his email.
Excerpt of letter referenced above
Re: Letter dated April 24, 2009
Dear Mr. Toney:
I received your letter dated April 24, 2009 regarding [Redacted]. I had already heard the great news from Rebecca, but your letter gave me a little more detail than she provided. This is a fantastic discovery, and you appear to have been right all along about the use of hypnosis. I know that you know this, but-being my usual (too) cautious self- I do just want to remind you not to tell anybody or write anybody about this. While I do not know how Rebecca and Co. plans to use this information, confidentiality is extremely important at this stage in case it is decided that the information is...
May 3, 2009: Email from CD in France to Mr. Bill
Subject: Re: I'm trying...
Thank you Mr. Bill. It's easy to guess the Defense needs confidentiality. It is not this that we discuss. Personally, I don't see anything against confidentiality when I ask for a receipt of the money by the investigator. I need the dates, the fee per hour x the number of hours and his signature. No more. It is more than unusual to send much money without any bill or even receipt! I don't even know the name of the investigator! Michael proposed to give me a receipt from himself but the money was not sent to him! and when I read her judicial curriculum vitae....Can I trust him about money, anyway?
C
May 4, 2009: Mr. Bill- Deposited $800.00 in Michael‘s account.
May 4, 2009: Damage control email reply from Mr. Bill to CD in France Madame D:
You wrote: "Can I trust him about money, anyway?" I am not going to touch that question with a ten foot pole. As regards to trusting Michael with money, I am reminded of a quote by former President Reagan concerning the Strategic Arms Limitation Treaty with Russia: "Trust but verify." I understand your frustration. I am the Administrator and Treasurer of my church and I am always dealing with church members and staff that expect me to reimburse them without producing any receipts. You are just going to have to pound it into Michael's thick head that M'AIM is not a bottomless well of money and you are bound by French law concerning non-profit organizations that you have to have receipts, bills and invoices before you disburse any money. This is not violating confidentiality- it is simply good faith on your part to show donors to M'AIM how their contributions are being spent. The donors have a legal right to know and French State Auditors also have a right to know and audit M'AIM' financial records if a citizen has questions about M'AIM's financial dealings.
Sincerely,
Mr. Bill Davis
May 7, 2009: Blog from Michael edited and posted by Mr. Bill Title: Michael ―Defiler‖ Parrish
May 28, 2009 will be the ―Defiler of Justice's‖ 63rd birthday (05/28/1946). It will also be the 10th anniversary of my wrongful conviction and ―death sentence,‖ and of Parrish being deposed and exposed as a lying, cheating, judge and jury manipulating, murderous scurvy dog.
On May 28, 2009 I also have a pre-trial hearing before Judge Young. A hearing at which Parrish is not invited and is not likely to be a spectator. Now that Parrish is ―retired‖ I doubt that he has any reason to step foot into the courthouse he defiled. He will probably spend the day in bed in a Hydrocodone haze wallowing in his guilt and perfidy.
This illustration of Parrish sitting on the throne (commode) on the scales of Justice speaks for itself.
Michael Toney
―An Innocent Man in Texas‖
May 12, 2009: Blog by Michael edited and posted by Mr. Bill Title: 2nd Shift Tarrant County Jailer Griffin
The rosy-cheeked, brown-nosed Okie Griffin told me: “You know there are other ways of killing you.” He said this because of my reason for not eating jail food. I put a sign in my cell door window that says, ―NO TRAY.‖ I asked, ―How's that?‖ He replied, “We could send you to Green Bay and put you in a cell with 11 other inmates and lie about why you're there and they'll stab you.” (Green Bay is an old warehouse that has been converted to a Tarrant County Jail.) Interesting, but not surprising. One thing we know for an absolute fact is that Tarrant County employees are good at lying. They will lie, cheat and help others concoct lies and then corroborate their lies in court. Griffin told me to be sure to state that he is not a native Texan. He is an Okie. Okies also lie, cheat and kill innocent men. Watch for my blog ―The Innocent Man‖
in a few days. Actually, Griffin seems like a decent guy for an Okie but it's as clear as the nose on my face- he loves his job. But does he love the truth?
I wonder how much of a price tag Parrish put on my head? I doubt that he has much to pay for my demise but I have no doubt that he would give all that he has to murder me. He is a murderer at heart. His reputation as a prosecutor has been destroyed because he got caught lying and cheating to build up a false case to murder me- not because of me.
Michael Toney
―An Innocent Man In Texas‖
Mr. Bill: I asked Michael why he is deliberately risking antagonizing the Tarrant County screws that had the power of life and death over him. He said that he considered his blog postings to be a form of insurance in case the screws arranged a ―little accident‖ for him. He also said that the power of the pen is the only weapon at his disposal to defend himself from screw oppression.
May 12, 2009: Blog by Michael edited and posted by Mr. Bill Title: Sweeping the Floor- Amazing!
Today the guards did something that was nothing to them but everything to me. But I don't know why. Was it a test? Was it a kindness? Out of the blue they came on the intercom and said,
―Later we will let you out of your cell for awhile.‖ It wasn't my time to come out so I was very grateful. This will seem strange and hardly a privilege but they let me pick up the trash and sweep the floor. It was amazing! I felt like I was free and I felt useful. I even stepped out of the pod-cellblock two times to take the trash out.
As I was sweeping, I looked around at all the cells. All 23 pod-cellblock inmates were standing at their windows watching me. I guess they thought it was amazing too. One of the inmates asked, ―What are you doing?‖ I replied, ―A little light cleaning.‖ He looked at me like I was doing something wrong. I was so nervous but I felt so good. I wish I could do it everyday. I'd keep the pod spotless. I may ask the Chief if I can. What can it hurt to ask? All he can say is
―yes‖ or ―no‖.
Michael Toney
―An Innocent Man in Texas‖
Mr. Bill: Ten years on death row would make anyone, no matter how hardened, to appreciate the simple things of life.
May 13, 2009: Blog by Michael edited and posted by Mr. Bill Title: Tarrant County Jail Chief Knowles
In the last decade my dreams have become so lucid that I often have difficulty discerning dreams from reality. Often my dreams are premonitions that show events, things and people far away.
It's as if I'm there but have a guide that leads the way.
Last night (May 5, 2009), Julie came to me in a dream. She came right into my cell and sat down beside me on my bunk. She smiled, looked around and then became very serious and said, ―I don't know how you do it. This is awful.‖ Then she held my hand and said, ―7 come 11.‖ I started crying and asked her if she was okay. She looked at me and replied, ―I'm here, aren't I?‖
She looked up at the ceiling and said, ―Rafael knows it is all a lie. The truth always comes after, but this time it will come before and you will have peace.‖ (I don't know if that is exactly how she said it but there was a lot of emphasis on the words ―after‖ and ―before‖.) I do not know anyone named ―Rafael‖. I went through all my papers looking for anyone with the name
―Rafael‖ but it wasn't there.
Julie stood up and walked to the door, looked out, shook her head and then started laughing. She said, ―Head Squirrel!‖ I laughed at her reference to Chief Knowles. She looked at me with an unusually serious expression and said, ―He was the 'Head Squirrel' and the tree grew too tall for him and he was brought down to earth. He's only breathing at half capacity but more alive than ever.‖ I have no idea what Julie's words mean or why she would speak so cryptically. It was if my Julie was defending him.
I think she was trying to tell me he has ―changed‖ but I did not understand the ―tree‖ and the
―breathing‖ parts of Julie's cryptic message. I hope it doesn't mean not well. Her talking about
―them‖ made me a little angry but she just laughed. Then she kissed me on the head and held me until I fell asleep (even though I was dreaming within my dream).
When I woke up I heard her laugh and say, ―Tell her to leave the potatoes, carrots and onions big and throw a couple of Bay leaves in your pot roast.‖ This made me cry again because only Julie knows how I like my pot roast. I hope Julie comes back soon. I have to ask her who Rafael is and ask her about herself.
For sure I'm not going to write anymore negative things about Chief Knowles. Julie wouldn't have mentioned him unless it was serious. The thing is I don't think that she even knew I referred to him as the ―Head Squirrel‖!
Michael Toney
―An Innocent Man in Texas‖
Mr. Bill: Another metaphysical Michael musing.
May 27, 2009: Blog by Michael edited and posted by Mr. Bill Title: Innocence Doesn't Matter...
Innocence doesn't matter to most prosecutors despite what Todd Moye (moye@unt.edu) thinks. I am not the only one taking exception to Moye's expression of ignorance. I too doubt that Tarrant County destroys DNA evidence after appeals. I certainly don't believe Thomas Wilder would knowingly allow such a thing to happen. And I am equally certain Shannon would not condone the destroying of evidence after conviction. Prosecutors generally destroy, hide and withhold exculpatory evidence to obtain a conviction a la disgraced former Tarrant County Prosecutor Mike Parrish. Prosecutors like Parrish often think to themselves, ―Oops, I didn't see that evidence.‖ and into the shredder it goes. When the truth does not suit sleazy prosecutors like Parrish they disregard it and ―look for ways to convict.‖
Page 53 of the Prosecutor's Handbook of Dirty Tricks to Obtain Convictions states: ―If your expert witness falls apart on the stand, you can always fall back on a jailhouse snitch.‖ You can always fall back on a jailhouse snitch! What does that mean? It means that prosecutors actively seek and find someone willing to lie under oath for them.
That is how prosecutors work. ―Jailhouse snitches‖ are always telling the truth when they testify for the prosecution but defense witnesses and the defendant are always presumed to be liars. If prosecutors have to rely on false snitches, withhold evidence, coerce and threaten witnesses isn't this a clear indication that something is wrong with the case and the ―accused‖ may be innocent?
According to the Tarrant County District Attorney's Office, they always maintain ―open files‖ on their cases but in my case they conveniently closed my file! Why? The answer is clear: Parrish and the investigators intentionally sent an innocent man to death row!
Michael Toney
―An Innocent Man in Texas‖
May 27, 2009: Blog by Michael edited and posted by Mr. Bill Mr. Bill: Michael mailed this to me without any accompanying notes of explanation so I assumed it was another blog posting. The following day I get a panic stricken letter from Michael saying that he wanted me to email it to M‘AIM instead of posting it! I deleted the blog immediately after I read his letter and emailed it to M‘AIM.
Title: American Justice Isn't Cheap!
Terrifié Absolument
I have more debts and responsibilities than we have funds on hand and we are only just beginning. I am terrified!
Last Friday (May 22, 2009) the mitigation lawyer informed me that just her part of the trial would require 2000 hours but she was willing to work at the greatly reduced rate of $100 per hour or $200,000! I nearly had a stroke! Her role has nothing to do with proving my guilt or innocence. Her role is strictly to persuade the State against pursuing a death verdict and in the event of another wrongful conviction to try to convince the jury that I am worthy of living. We don't expect the latter to happen but we must prepare for every eventuality. We are required by law and professional standards and ethics to do so.
Negotiations
I managed after 3 and a half hours to negotiate an agreement to pay a retainer of $10,000 next week and another $56,000 for the 8 weeks of trial. At this rate, I'm not getting what is really required for top-notch defense. But what choice do I have? I cannot have a mix of hired attorneys and court appointed attorneys so I am responsible for everything.
Currently, MAIM has roughly 39,000 Euros on deposit which is not near enough to pay existing debts much less the new debt of $66,000. The average run-of-the-mill death penalty trial costs $300,000. My trial is extraordinary and spans nearly a quarter century. I don't know what to do.
It seems we will not be able to afford justice or for me to be able to even live. These debts have to be paid or the lawyers cannot do their job or will quit. I don't know what to do. We have lost two years of fund-raising time and now it is trial time and we don't have the funds. It is absolutely terrifying!
Michael Toney
―An Innocent Man in Texas‖
May 28, 2009: Email from Michael to M‘AIM forwarded by Mr. Bill Subject: Mitigation Lawyer RECER
Attached is the 9 page ―contract‖ I signed today (May 27, 2009) for the mitigation lawyer, Danalyn Recer which I wrote about a few days ago. I can write about ―punishment‖ because it has nothing to do with guilt/innocence trial strategy. This contract only includes her very minor role. I had to retain her even though I don't personally care for her because my other lawyers do not know how to do ―mitigation‖ and don't have the time. They are totally focused on my innocence. Recer doesn't do guilt/innocence.
As you can see, I agreed to the reduced rate of $100 USD per hour or $7,000 USD per week for 8 weeks. That is roughly one-quarter of what she wanted for mitigation. We must somehow stimulate fund raising if I am to have any hope. I will be required to give Recer a $10,000
retainer but I am putting it off in hope that the State will dismiss.
Today Colleen, Rebecca and Tim came and we discussed their presentation to Ralph in the morning. They gave me a copy of their 11 page letter to the Attorney General which I will send to Mr. Bill to scan next week.
At this point it looks like $166,000 USD will be required for trial- quickly. I haven't heard a word from the Italians so I don't expect them to help.
I will write again after court tomorrow. The State will get more time. But the lawyers will tell me about the presentation. Please inform me that you have received this. I rarely get anything from MKH and I cannot get a hold of her.
Peace & love,
Michael
May 29, 2009: Email from Michael to M‘AIM forwarded by Mr. Bill Subject: The Pre-Presentation Letter
Attached please find the letter that was sent to the prosecutors as a preview of the presentation that is taking place (May 28, 2009) as I write this.
I go to court at 1:30 at which time the State will ask the judge for more time to investigate and decide how to proceed. The lawyers will inform me of how the presentation went and when I return I will complete this email. I learned yesterday that there are no capital cases on the court docket ahead of us so if the State chooses to go to trial it will be the 1st of the year. This fact is critical as it highlights the extreme urgency of fund raising.
As of this moment it looks like we will need to raise a bare minimum of $166,000 USD before trial. I will owe more than I can ever repay after trial.
I explained to the lawyers that I am not supported by the abolitionist movement to which they said: ―Why not- you are innocent?‖ I explained the unreasonable belief of abolitionists that helping an innocent takes away from their argument in opposition to the totality of the death penalty and was told ―That is ridiculous.‖ Then I interjected ―most abolitionists don't deal with innocence because most are guilty.‖
So that's where we are. We need to raise as much money as possible as quickly as possible.
The attached letter does not divulge our evidence. That must be guarded for strategic reasons and trial. It merely points out what the State's own records indicate so I don't think it describes the entire case.
I'm back!
Amazing! Absolutely amazing!
As I said, the State would ask for and get more time. The judge reluctantly gave them an extension until July 16th. What is amazing is the fact that the judge himself told them how bad the case is. He also said, ―Mr. Toney has been incarcerated for 12 years and it's time that something is done.‖ He also told the State of their options and said he wants the trial to be in September or January if they intend to proceed.
The judge went as far as describing the pathetic Meeks and his 100 dogs and the career criminal Blankenship. The judge's memory tells me I was correct 10 years ago when I said ―The judge knows he is wrong.‖
So where are we now? As I have been saying, we must do everything possible to raise funds quickly. We don't have much time.
Until soon,
Michael
June 2, 2009: Email from Michael to M‘AIM forwarded by Mr. Bill Subject: Contract
How could I not sign the contract? I cannot go to trial without a mitigation lawyer! I assure you NO other mitigation lawyer will work for $100 per hour! Colleen, Rebecca and Tim do not do that type of trial. $100 per hour is cheap for a criminal defense lawyer. Colleen gets $780 per hour, Rebecca gets $430 per hour and Tim probably gets around $500 per hour. I have told all of you over and over for 2 and one half years that we have to raise money for trial but you refused.
Now the judge said he will set the date for September or January because there are no holidays and the jury will not have to be sequestered and there are no capital cases ahead of us on the docket. I told you a regular capital trial defense costs about $300,000 and most defendants are convicted and sentenced to death. This trial is extraordinary!
Since you seem to not understand what I am saying then perhaps you can tell me what to do. If I can't pay to have a decent legal defense (which cannot be provided by court-appointed lawyers) then I will most certainly be executed. What would you have me do?
I am too sick to endure much more of this. You don't know how I sick am. What should I do?
Your email about the contract made me sicker! Of course I agreed. What choice do I have? The only thing I can do is raise the money to pay everything quickly or my current defense team will quit and the court will appoint two inexperienced public defenders that are forced to work pro bono and not give a tinker's damn whether I live or die since they do not a vested interest in the trial's outcome. (Court appointed lawyers are typically scraped from the bottom of the legal barrel due to their lack of experience, ethics violations and lack of intelligence. They do not have exemplary records for defending their clients. -- Bill Davis) I cannot have a mix of court appointed lawyers and my current lawyers because it is against the law and professional ethics (conflict of interest). But the court can pay some minor expenses.
What do I do? Should I lie down and die one foot before the finish line or keep on fighting? God, I am terrified! And I knew this was going to happen because people wouldn't listen. Instead they said stupid things like ―Negotiate with the State!‖ There has never been anything to negotiate!
What do you want me to do, plead guilty to something I am innocent of so that I can spend the rest of a wretched ―life‖ in prison? Why won't you listen? Have all of our efforts been in vain?
Michael
―A Terrified Innocent Man in Texas‖
June 11, 2009: Blog by Michael edited and posted by Mr. Bill Title: Copper Thieves
Because of the current wars, the price of copper has skyrocketed. This has spawned copper thieves. They steal anything and everything made of copper: refrigerant tubing, water lines and wiring from homes, businesses and churches and also high voltage wires. The latter has resulted in many self-imposed punishments and accidental electrocutions. Well, a few days ago I watched an incarcerated copper thief rip about 4 feet of copper plumbing and fittings out from under the sink in the day room. I guess he intended to take it home with him so he could immediately get a hit of crack. But he's so stupid. He forgot that he just received a 20 year prison sentence! His memory must be as bad as my ex-wife. Her memory is so bad that she has to create her own!
Sometimes she even gets help from the prosecution to create memories.
June 11, 2009: Blog by Michael edited and posted by Mr. Bill Title: The Energizer Jack Rabbit and the One Man Orgy
Tarrant County Jail Captain Gravitt is full of the stuff the man in cell 14 (Rodney Underwood) had smeared from head to toe a few days ago. According to the full of crap Gravitt ―We do not house mentally ill prisoners on this floor and 56A and B are not used as overflow housing for 55
which is where the mentally ill are kept.‖ From what I witness daily there is an abundance of mentally ill prisoners- too many to house on a single floor of this squirrel cage.
The ranting and raving Vietnam War Veteran in cell 14 had feces all over his beard, face, in his hair and all over his body. But according to Dr. Gravitt ―He can't be mentally ill because if he was he would be on the fifth floor.‖ I expect to see Gravitt come in here any day with shit on his face. After all, according to him, it's normal behavior.
Cell 10 (I'm in 11) is a single cell with one occupant but for about 18 hours a day it sounds like there are 14 people in there arguing and fighting. The rants, screams and threats to kill all 13 of those extra voices are in the sole occupant's head! Tonight he had a one man orgy. I would probably have to psychologically evaluated if I was to write down what I heard happening in cell.10. If that's normal maybe Gravitt will join in the fun and games next time. On the other- uh-hand, finger, face, foot, whatever, maybe he was over there- the distinct aroma of crap was in the air.
My other neighbor is a rather rotund, bearded Hispanic that I call the Energizer Jack Rabbit. The fact that he's too obese to see it doesn't prevent him from playing with his little bunny. According to all the jailers and anyone else unfortunate enough to glance into that cell and based on the incessant thumping on the wall- the rabbit masturbates constantly. Every time he steps barefoot out of his cell he asks me: ―Excuse me sir, could I ask a favor of you? Could you loan me a shot of coffee?‖ At first I would give him coffee but then I realized the caffeine increases the tempo and frequency of the thumping!
No matter what Captain-Doctor Gravitt says, they are mentally ill! I don't know where mentally ill people get all their energy nor can I fathom the bodily waste issue. Perhaps I should ask the esteemed Dr. Gravitt about it.
I must admit I somewhat envy the ability to converse with people that are not present. I get lonely and I sure could use some stimulating conversation. I'm scared to death to talk to any of the inmates in this squirrel cage because one or more of the imaginary people that reside in their heads may lie about me.
Michael Toney
―An Innocent Man in Texas‖
Mr. Bill: This ―amusing‖ blog was a local color item--I can‘t see that it had any bearing on Michael‘s case.
June 14, 2009: Blog by Michael edited and posted by Mr. Bill Title: Mike ―Prevaricator Pimp‖ Parrish
On June 13, 2009 the ―Fort Worth Star-Telegram Opinionpaper‖ published a story about Mike
―Defiler of Justice‖ Parrish's ―alleged‖ and in my opinion- based on my own unfortunate personal experience- ―probable‖ misconduct in yet another death penalty case. I reluctantly add the qualifier ―alleged‖ because I know what a murderous, pharmaceutical abusing, prevaricator pimping, pernicious perverter of justice that Mr. Parrish is. (Boy what a mouthful!) Speaking of mouthful- I hear that's something he enjoys. Not that there is anything wrong with that according to Comedian Jerry Seinfeld.
The death penalty case currently in question is that of Chelsea Richardson. When she was just 20
or 21 years young she became the first Tarrant County female (or girl in my opinion) in modern times to be sentenced to death. Strangely enough- I believe that it is undisputed that she did not physically kill anyone. She was convicted of being a ―party to‖ a capital murder. The actual