Why did this bizarre injustice occur?
It didn't occur, it was purposefully perpetrated. It was orchestrated by overzealous, desperate;
―pissed off‖ morally and ethically challenged investigators and Prosecutor Prevaricator Pimp Parrish. Is that so difficult to believe? If it is then consider it in light of something I was repeatedly told during the trial: ―If you don't tell us who did it and why we're going to kill your mother f#1@#@g ass!‖
After I was accused and had counsel that was repeatedly whispered to and foaming at the mouth screamed at me. Is this unbelievable? Then consider the off the record threats in light of the following transcription of a pre-trial hearing.
The Court: ―Right now the Court has been informed that this is a matter that the State intends to seek the death penalty on. Is that correct?‖
Prosecutor ―Prevaricator Pimp‖ Parrish: ―That's correct.‖ (As he said it he had an evil, threatening look on his face and he looked at me, not the judge.) The Court: ―Is there anything else to be stated for the record with respect to that issue?
Prosecutor ―Prevaricator Pimp‖ Parrish: ―There is one more item that I spoke briefly with you and Mr. Ashworth about that being at the end of 1998; we informed Mr. Ashworth that if any dealing were to be done in this case, we were setting a deadline of December 31, 1998. It would involve a complex matter of having to talk to Mr. Toney, having the Federal authorities look into the matter. That all being moot, December 31 came and went in 1998 and we didn't hear anything from the Defense and we wanted to make it clear for the record.‖
Mr. Shaw: ―I would state to the Court that the invitation to negotiate was made to us and it was conveyed to Mr. Toney, and Mr. Toney did not wish to enter into negotiations with the State.
Would that be a fair statement Mr. Toney?‖
Mr. Toney: ―Yes.‖
The only reason the State wanted to get this on the record was to reinforce their threat to murder me if I didn't tell them what they wrongfully assumed that I knew. There was no other reason for this legal folderol. The Court and I were already well aware of the fact that the State was seeking death.
Before prosecutors accuse someone aren't they supposed to know the answers to the questions they were assaulting me with? The answer is yes! But they were on a desperate scapegoat hunt.
They coerced, manipulated and threatened so many people that things became so convoluted that they resorted to threats of murder. I still don't know the answers to their questions and they don't either. In 4 months the crime will be a quarter of a century old and no one is any closer to knowing the answers.
What happens now?
Who knows? The only thing I know for sure is that BATF no longer has their arm up Prosecutor
―Prevaricator Pimp‖ Parrish's ass working him like a ventriloquist‘s dummy. But they are still desperate and I am sure some are more pissed off than ever.
Speedy Trial
Somewhere I read: ―No defendant wants quick justice.‖ I do not understand the statement and I certainly disagree. I am unequivocally innocent of the crime I am accused of and I want nothing more than truth and justice. I do not believe I'm asking for too much.
I became a suspect and was accused 12 years ago. The crime happened nearly 13 years prior. 11
plus years ago I asserted my constitutional right to a speedy trial. I still have not been afforded the fundamental right to a speedy and fair (constitutional) trial. I believe that one-fourth of my average life expectancy is definitely an exceptionally cruel, unusual and prejudicial delay.
Delay
Because of the undeniably purposeful egregious misconduct of the prosecutor the Texas Attorney General's office now has the case. They've had it for 6 months and have obtained 2
delays. On July 16, 2009 they must inform the Court of their intentions. I am confident that their investigation has confirmed the manipulation, coercion and outright threats of witnesses by desperate investigators. I am equally confident that they know that Prosecutor Prevaricator Pimp Parrish was a willing puppet of the BATF. I am hopeful that the prosecutors will recognize the injustice and have the courage to do what is right. If not, I'm ready for trial. Bring it on! I'm not getting any younger and time's a wasting.
Michael Toney
―An Innocent Man in Texas‖
July 14, 2009: Blog by Michael edited and posted by Mr. Bill Title: Long Life List
― I have never killed a man, but I have read many obituaries with great pleasure.” -- Clarence Darrow, 1857-1938
Clarence Darrow was brilliant and brutally honest but I believe differently. I have never killed anyone either but it would give me great pleasure for several individuals to live extraordinarily long, excruciatingly painful, miserable and lonely lives. At the very top of my ―LLL‖ (Long Life List) is the despicable, deposed, disgraced Tarrant County Texas prosecutor Michael D. Parrish.
The Seventh level of Hell is too good for some. The ―Prevaricator Pimp‖ Parrish would be right at home and among his own kind.
― Life is an incurable disease.” -- Abraham Cowley
I disagree with Cowley as well. Life is cured by merciful death.
Michael Toney
―An Innocent Man in Texas‖
July 15, 2009: Blog by Michael edited and posted by Mr. Bill Title: They Remember What They Forgot But Forgot What They Couldn't Remember!
Prevarications upon prevarications, antiquated prevarications, fresh prevarications. Memories forgotten, remembered forgotten memories, pseudo-memories, memorized pseudo-memories, forgotten pseudo-memories, remembered forgotten pseudo-memories...
My ex-wife, Kim Toney, whose manufactured pseudo-memories resulted in my wrongful conviction and death penalty sentence, recently said this of her post Gulf War Syndrome Memory: ―My long term memory is good but my short memory is not.‖ What does this mean?
Does it mean she will not remember tomorrow what she did today but will remember next week, next year or twenty-five years from now? The fact is she remembers that I scorned her.
Chris Meeks' mind was not so good at retaining the manufactured pseudo-memories. But he did his best to please his pseudo-memory manufacturers. 10 years ago (May 1999) he could not remember what he allegedly remembered and told investigators less than 2 years prior (1997) about what did not happen 13 years prior to that in 1985! So, as he lied under oath in 1999 he was allowed to use his alleged 1997 statements about 1985 as a script. Allegedly, he remembered what did not happen in 1985 until 1997 but then forgot about 1985 after allegedly sharing the memory with investigators in 1997. Now it is 2009. Can Memory Master Meeks be expected to remember what he couldn't remember in 1999 or what he allegedly remembered in 1997 about 1985 but forgot after 1997? Perhaps like my ex-wife his long term memory is better than his short term memory! (And there really is a tooth fairy and Easter bunny...) Michael Toney
―An Innocent Man in Texas‖
July 20, 2009: Mr. Bill- Deposited $500 to Michael‘s inmate account and finally met him. He did not quite fit the mental image that I had formed of him over the past 9 years--he was not bigger than life. He was just an average-sized, average-looking guy that I would not give a second glance at if I passed him on the street. Michael told me that the deal to get out in July had fallen through because we had not secured him a place to live in time before the hearing. He also told me that a female friend named JW had volunteered to come down from North Carolina to find him an apartment and get things set up for him after his release. I received this news with a sigh of relief because I really did not have the time or patience to deal with it.
July 21, 2009: Mr. Bill- MKH arranged for me and JW to make contact via email. I obtained JW‘s Bank of America account number and I deposited $500 in it for her and Hannah‘s (her dog) travelling expenses.
July 21, 2009: Blog by Michael edited and posted by Mr. Bill Title: Sgt. ―Fat Albert‖ Chambliss (a.k.a. Affirmative Action) Between 1:00 and 2:00 A.M. July 17, 2009, I was awakened from a feverish infected bladder sleep. Delirious from fever and disoriented from the rude awakening, I was ordered out of my cell. 4 or 5 too dumb and unprofessional to work any shift but graveyard jailers proceeded to search my cell. As they searched, tore apart legal documents and examined legal confidential photos they tore a large portion off my Julie Ann's memorial service notice and photo. These irreplaceable items were destroyed, and it happened on the third month anniversary of her death.
I doubt it was intentional but it may have been prevented had the jailer‘s obese affirmative action supervisor been doing his job.
Instead of supervising the cell search, he was doing what he always does. He was in the office on his crusty corpulent hindquarters surfing the Internet. More precisely, he was watching a movie trailer on the county's computer and the tax payer's dollar. Rather than waddle his fat lazy affirmative action ass off somewhere to do what he is paid for he just sits on it. He sits and surfs the Internet all while drawing what he apparently sees as a welfare check.
After the fat ass's goons were finished he gathered his strength, hoisted his obese ass off the strained chair and waddled his way to my cell. I attempted to engage Affirmative Action in a reasonable dialog concerning the destruction of my property and the violation of my constitutional right to maintain confidential legal papers but that proved impossible for him.
Either he is an imbecile or that stretched super-sized uniform forces his ego to surpass his intellect.
When I brought his robbery of Tarrant County taxpayers to his addled attention he became irate and seemed to be on the verge of some sort of cardiac event. That's when he lied and said: ―I don't even know who you are.‖ When I responded with, ―Thank you, that's good.‖ that should have signified that I did not intend to cause him any trouble but I thought the calcified vein in his left temple was going to rupture! He then uttered: ―They're going to kill you, you death row mother-effer. Wait until I get my hands on you!‖
So, Affirmative Action, are you a liar or a violent liar? Thought you didn't know who I am? I know who you are. You are someone who threatened an innocent man because of your ignorance and guilty conscience.
Michael Toney
―An Innocent Man in Texas‖
July 23, 2009: Email from Mr. Bill to Madame CD in France Subject: Le ―Magnifique‖ American Legal System
Madame CD:
Politics is another element of the corrupt American legal system. As you know, before the Department of Justice and the ATF selected Michael to be their sacrificial lamb (or scapegoat) the Blount Bombing was the oldest unsolved crime on the ATF's books. This caused a severe loss of face to the ATF and they jumped for joy when a dumb Cowboy in a Parker County Texas Jail shot off his mouth and handed himself to them on a silver platter. They knew that the only thing Michael was really guilty of was being a liar and a thief but they did not care- they wanted this case resolved and off their books. So they went to extraordinary lengths to rig a trial that resulted in the death penalty for an innocent man. This happens every day in the United States of America Madame- Death row is filled with poor innocent men. (And I emphasize the word POOR. Did you know that in the entire history of the United States that no rich man has been put to death? This fate is only reserved for poor people that can't buy ―justice.‖) Now let's fast forward to the present day. Prosecutor Parrish gets caught with his pants down blatantly rigging a false trial. The ATF and Department of Justice are also implicated in this illegal charade.
Somebody finally responded to Michael's cries and it is no coincidence that this happened shortly after Michael secured the best legal defense that MONEY could buy. (You really didn't think a public defender or first year law student could have worked this miracle, n'est ce pas?) Next we add to this legal witch's brew the good services of M'AIM. During the time that Michael was on trial and on Death row, the American legal system was corrupted and infiltrated by Le Bush Bastarde's hacks. The gd Republicans are all gungho about legally murdering people and they are also united in their hatred of all things French. (BTW, I love the French because I wouldn't even be here if it weren't for the Langlois and Traversie families on my mere's side!) Can you imagine the chagrin and the blow to the Bush Bastarde's pride if he ever finds out that the hated French people were instrumental in helping Michael's quest for freedom? The Republicans are very petty and vindictive and if they ever found out... Someday Michael will be able to proudly and publicly thank his French friends and supporters.
Vive le France and merci beaucoup Madame CD!
Mr. Bill Davis
Mr. Bill: The preceding ―private‖ correspondence between me and Madame CD would later have unintended consequences after that wild and crazy Frenchman, RC, published it in his French language newspaper. A vindictive brown-nosing inmate at Polunsky received a copy of the newspaper and ―anonymously‖ forwarded it to the warden. The warden had the newspaper translated and had a hissy fit after he read what I wrote about the ―Bush Bastards and the god damned petty vindictive Republicans.‖ The warden proved my point about ―Bush bastards and god damned petty vindictive Republicans‖ and cried to Michael‘s Tarrant County screws who consequently gave Michael a hard time (poop rolls down hill). Later, I wrote a letter to Michael (a letter that could be intercepted by the Tarrant County Screw Censors) and made a very insincere apology for the fact that my private email to Madame CD had been publicly published without my express written permission--I did not apologize for stating the truthful fact that the Bush Bastards are god damned petty vindictive Republicans and I never will apologize for the personal characteristics of the scumbag Bush Bastards!
July 23, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
MKH read me your email to the French Thank you for writing that. It helps because they don‘t want to believe how different our society is from theirs. For instance, if I was to tell them about you having to keep the fact that you help me a secret from your church- they wouldn‘t believe me!
They really don‘t understand how dangerous it is to associate with DR inmates! They must realize my situation is completely different in that I am innocent and cannot be involved with the politics of the death penalty.
She also told me JW is on her way. Please tell her she‘ll have to call the Jail Chaplain so she can visit me as my minister and tell her she can bring her phone in here.
And finally, we may have to look into renting a 2 bedroom so she is more comfortable. Also if my daughter and grandkids come down here there would be more room.
Thank you for coming to see me. If others would take the time they‘d see I‘m not the monster they‘ve conjured in their minds.
Your brother in Christ,
Michael
July 24, 2009: Blog by Michael edited and posted by Mr. Bill Title: At a Loss for Words
I know many have been waiting to read about what happened at my July 16 court appearance but the fact is- I don't know! Yes, I was there and I heard what was put into the record but if I was to share every word of what was said with you- you would know and understand less than you do now. Why--because there is nothing more unreasonable than American political profit-driven legal system.
The State still is not prepared to announce their intentions. Trial or no trial--only God knows! I admit I do not envy their position. Because of Parrish they have basically been handed a mess of epic proportions. And it just became even larger after the discovery of 6 large file boxes full of exculpatory records! Yes dear reader, you read that correctly--6 large file boxes. The prosecutors want to review each and every document before making a decision and frankly I don't blame them for stalling for time. I can only imagine that they are in complete denial and disbelief at what was done and left undone in this case. I believe they have already realized that the wrong person was prosecuted but want to make absolutely certain that they haven't missed anything.
The one thing that really bothered me is that the prosecutors would not look at me (even though I knew that it was just part of their silly mind games to psyche me out). I sat there with a high fever from a kidney infection listening to every word and wanting them to at least look at me and acknowledge my existence but they wouldn't. Part of me wants to see them as the enemy- part of me can only see them as ―defenders of Parrish‖, but mostly I want to see them as honorable, moral, ethical officers of the Court. I am counting on them to recognize the injustice that was purposefully perpetrated on me and to do what is right. On the other hand, I worry about the ugly political aspects of the situation. Politics and political aspirations almost always trump truth and justice.
Because the prosecutors have sought and obtained three delays and cannot decide what to do, the judge set the case for trial on November 9, 2009. The Judge set another deadline of September 3, 2009 for the State to make a decision. They've had the case for 6 months now- it is time to do something. In the meantime, I'm hopeful that the State will tender to my defense team the totality of the 6 boxes of exculpatory records. We are prepared for trial without them but I do have a constitutional right to those records.
For now, despite my unfortunate experience, I am going to believe the prosecutors are truly looking at things with ―fresh eyes‖ and will do what is right. Personally, what I believe should happen is the State should ask the Court to dismiss the indictment without prejudice so they can start fresh without the BATF and Parrish prevarications and perversions to taint the legal process and the pursuit of justice.
Michael Toney
―An Innocent Man in Texas‖
July 25, 2009: Mr. Bill- Received $4500 from M‘AIM to post bail for Michael‘s bogus Polk County cellphone crime against humanity--the screws came up with this petty chickenshit charge to keep their hooks in Michael in the event he was released on his own recognizance to await trial for the bombing case.
July 26, 2009: Mr. Bill- JW and Hannah came over to my humble home and met me and the wife. I gave JW $1000 in cash to pay the first month‘s rent on Michael‘s apartment and pay the balance due on his prison phone service account.
July 29, 2009: Mr. Bill- Met with bondsman Leonard Jenkins and paid $3765 bail for Michael‘s bogus Polk County bond and deposited $600 in JW‘s account for August living expenses.
July 31, 2009: Mr. Bill- Visited JW and Hannah in Michael‘s apartment. JW found a reasonably priced 2 bedroom apartment at the Warren Terrace Apartments on the west side of Fort Worth. I gave Michael‘s new living quarters two thumbs up and reported same to MKH and Madame CD
in France.
August 1, 2009: Mr. Bill- Withdrew $700 from my own personal bank account and deposited in JW‘s bank account for August living expenses.
August 2, 2009: Email from Michael to M‘AIM forwarded by Mr. Bill Subject: Progress Report
Hello,
I hope this reaches you having a good day. I'm as well as circumstances will allow but I'm very nervous. I've waited until now to write about developments because of trial strategy and because the more I explain the more confused everyone becomes. Please try to understand that the law and court procedures are not a science under ideal circumstances. Things change course unexpectedly and most progress is made behind the scenes in ―off the record‖ conferences. My situation is far from ideal or normal. It is extraordinary in all respects. When injustice and official corruption is added to the judicial process it becomes a mess. Add the caustic politics of the death penalty to the mess and it becomes a disaster!
Examples of the role politics has in the process played out on the 16th of July. First I was taken to a courtroom hidden from the media. During the hour and a half closed door (smoke-filled room) conference between my counsel, the State and the judge- the State agreed that I could be released on a ―conditional release‖ without having to post surety or bond. They all agreed to discuss the terms by phone. But during the ―on the record‖ in courtroom- wrong courtroom, the judge brought up the subject of ―bond.‖ This caused the State to panic. The State did not under any circumstances want their ―legal folderol‖ on the public record that they agreed to release. It was pure politics at its worst. They agreed to come to terms by phone ―off the record‖ so that lawyers do not have to travel from Austin, Houston and San Francisco. We (the Defense) asked for a delay because I could not be released on any conditions without first having established a residence in Tarrant County. Not a temporary motel but a residence.
Move forward to July 26th. The jail administration after discussions with me posted a ―memo‖
stating that I am ―not assaultive or an escape risk.‖ Therefore, even though I remain in a red suit I do not have to be handcuffed to go to visitation. For the first time in more than ten years I walked myself to visitation (no escorts) and did not have cuffs on. As I walked by there was a group of guards clapping, laughing and saying ―Bravo.‖ I was beyond nervous but it felt great.
Tuesday July 27th. The judge ordered the Tarrant County Sheriff (Jail) and the prison system (State) to remove all ―holds‖ and to presume me to be innocent and treat me accordingly. The holds have been removed but the Sheriff does not have to abide by the order to treat me any differently. But this cleared the path for release which is very complicated. 99.9% of people on Texas death row don't leave- at least not on their feet. You also understand that jail, the prison system, death row and the Court are separate entities. They have nothing to do with each other except by court order.
Because the State still could not say whether they intend to go to trial the judge took it upon himself to set a November 9th trial date. Now that the path is cleared the lawyers are talking with the State to get me released. They need me out so I can participate in trial preparation (which is in progress) by phone, internet and fax. I also need to be out so I can get some medical help for some issues I have. I also need a dentist. The problem is I have no one in Tarrant County and I have no physical possessions left. No clothes- nothing. I have nothing.
As of yesterday an apartment has been rented and on Friday the phone and internet will be turned on. My friend and minister, JW, traveled 1600 miles from Hendersonville, North Carolina to help with this. Now she is working on getting clothing, linens, dishes, etc. It's a big job but critical to my freedom.
Now the lawyers are working on the conditional release and I expect something to happen in the next week or so. If nothing happens this week then it will probably happen by September 3rd. In the meantime, full scale trial preparations are underway. We found a piece of information a few days ago that proves my ex-wife, Kim Toney, to be a liar and more is coming along.
We must try to elevate fund raising as time is getting short. Right now I am $19,000.00 in debt and we are only just beginning! Once jury selection begins and experts must be paid, the money will disappear quickly. Like Mister Bill said: ―We have the best justice system money can buy.‖
Without being able to pay, justice is out of the question. Even though I have the best lawyers- we cannot fight without resources.
Love,
Michael
P.S. The contents of this message can be published in French only. It should not under any circumstances be sent to Polunsky.
August 3, 2009: Mr. Bill- Deposited $700 in JW‘s bank account for additional unforeseen expenses: deposits for electricity, cable and phone service.
August 3, 2009: Blog by Michael edited and posted by Mr. Bill Title: A Good Start
For the first time in 12 miserable years I walked myself to visitation- no escorts, no handcuffs! It felt so good! And to top it off, a beautiful young lady was visiting me: JA. As I was nervously walking to visitation, a group of guards gathered and were clapping, laughing and saying
―Bravo!‖
On Friday, July 24, 2009, Jail Captain Gravitt posted a ―memo‖ stating that I am not assaultive or an escape risk and do not have to be handcuffed. It took them 6 months to realize that I am not a threat to anyone. This was something that Judge Young obviously already knew. When I went to court on July 16, 2009, I watched several ―green uniformed‖ inmates go into the court and they all had to be handcuffed. Yet, despite my wrongful red suit status I was not cuffed. Despite Gravitt's unnecessary delay in realizing resources are being wasted- I am grateful. It's a good start.
When Gravitt posted the ―memo to staff‖ he came and talked to me and for a change he seemed to be comfortable and non-evasive. He looked me in the eye and even made me laugh. He seemed perfectly comfortable and open although we're in a continued disagreement concerning the mental health of the majority of the inmates housed in my immediate proximity. In a way Gravitt proved my point. That being ―we are all the sum total of our experiences and everything we perceive is through the filter of those experiences.‖ Where Gravitt sees idiots trying to beat the system by playing crazy, I see crazy people trapped in a jail when they should be in a mental institution. I have observed mentally ill people 24 hours a day for years upon years whereas Gravitt comes and goes. I concede some of them are just sorry excuses for human beings and some are dumber than dirt but many are mentally ill.
Gravitt also told me for the third or fourth time, ―Despite what you think, I don't talk to those people across the street. (The D.A.'s office)‖ Again, this proves my point. I'm judging him based on my hellish experience and he is judging me by what he has read in the newspapers. So it seems we're judging each other based on prevaricators. And he won't admit this but I know it bothers him that I am not the typical dummy he is accustomed to dealing with. It bothers him even more that I can express myself well. What he is failing to realize is that because of a purposefully perpetuated injustice everything but my ability to communicate was stolen from me. For 12 hellish years all I've had is my voice and my pen and I have become good at using both. But being good at speaking or writing does not negate the truth of my expressions.
Gravitt, I am not a lawyer and I am not a preacher. I am just a man fighting for justice. In a way, Gravitt's honesty pisses me off because I enjoy writing about him. If I trust someone I can't write bad things about them. I'm sure my honesty bothers him as well because if what I'm saying is true then what he works for and believes in isn't so good and honest.
Michael Toney
―An Innocent Man in Texas‖
August 6, 2009: Mr. Bill- Received $1000 from M‘AIM. Reimbursed myself $700 and deposited $300 in JW‘s bank account to reimburse her prison phone service payments.
August 6, 2009: Letter from Michael to Mr. Bill
Mister Bill,
What a colossal mess. As you know those Anti-American French couldn‘t resist publishing your anti-Bush letter. (RC, a M‘AIM member, published my private email to Madame CD without my express written permission in his French language newspaper. In my private email I raked Bush and his neo-con bastards over the coals. An inmate at Polunsky had a subscription to RC‘s newspaper and ―anonymously‖ forwarded a copy to the warden. The warden had the paper translated and had a conniption fit.) It has caused an unbelievable problem. I know that you meant well but…At least 40,000 people read what you wrote! (Mr. Bill: Hooray!) Like the French, you see Bush through the jaundiced eyes of hate. (Mr. Bill: Michael does not know what he is writing about since he has been out of touch with the real world during 8 years of the worst president ever. I don‘t personally hate Bush as a human being but I do despise what this smirking sob has done to destroy the economy and crap on the Constitution. I can never forgive this doddering fool and his neo-con thugs for what they have done to bring my country to the brink of ruin.)…
Your brother in Christ,
Michael
Mr. Bill: I will not publish the rest of this 3 page letter because it nauseates me--Michael extols the virtues of the Bush Bastard to take the heat off his incarcerated ass. Therefore, I dismiss this letter as spin and damage control from Michael to placate the petty, vindictive Republicans.
August 7, 2009: Letter from Mr. Bill to Michael
Michael:
I sincerely apologize for the unauthorized publication by a person or persons unknown of a private humorous email message ‗Le Magnifique American Legal System‘ sent to a French friend--this message was a private communication and I did not authorize its publication in L’Itinerant.
Sincerely,
Mr. Bill Dav