Herein find essays, musings, Haiku, and other traditional poetry.

Thursday, July 26, 2007

Not exactly weekly, is it?

I guess this is about my rate of posting for now. I have yet another multi-drug-resistant infection. This time, I can simply take oral antibiotics at home. I will not need to have another PICC line surgically implanted. I'm still healing from the last go around. The phlebotomists had no trouble finding three separate sites for the full blood culture, but finding a few IV sites after would have become difficult.

I have a "pen pal" I hope to see soon. We talk on the phone more than write, but we do both. On August 5, he will be released from the Madison Correctional Institution in Ohio. I am working to see if they will release him directly to me and my family. Arranging the Interstate transfer might be to time consuming, but I want to try. their current plan is to release him to a half-way house near Dayton, Ohio.

He seems to have held-up fairly well under his ten-year sentence. From eye witnesses, I knew of his innocence at the time he pled guilty under the very bad advice of a public defender. Unfortunately, I didn't know there was an issue of his innocence until I got a late evening call from his mother, Alma (of whom I have written). She had waited too long to call me. He had already been sentenced and sent back to the county jail pending transfer to the London State Penitentiary.

She gave me all of the evidence in his favor: a jury would likely have acquitted him. I suppose I should have felt flattered, rather than furious, that she thought I could save the day if she called me before they took him out of the county. He was to depart the next morning. All I could do was cry and rage. Over the years, I looked into all kinds of ways to get him out. It simply wasn't possible. His only hope was his little girl, but that was a long shot, and it would be a long time before she grew to 18.

I expected Clinton's last minute pardon auction. I wasn't sure how to reach him, but I didn't figure I would need close connections to successfully bribe him. I figured a pardon for him would cost a lot more than one for a white-collar criminal, if it were even possible. On the other hand, I thought Clinton might sell pardons for as low as $25,000, as if Presidential pardons were cheap baubles. Still, even with all my home equity, I didn't think I could afford a pardon for Timmy. (If only I had known that his prices would go as low as $5,000.00... If only I had known that violent sex offenders were eligible... If only...)

(Now, I have a very low opinion regarding the bribery of public officials, but I also have a very low opinion of what happened to Timmy. I believe the saying that God never gives us more than we can handle. It is good that I did not believe I could afford a bribe. If I had known it was possible, the temptation would have been too great for me. That is a moral test I would have failed, and my guilt would have haunted me ever after. "Lead us not into temptation..." I am grateful that God did not give me the chance to falter there. It would have been a disservice to my friend, too. Had he received a questionably motivated pardon, he would never have had the opportunity to truly clear his name. In the bigger picture, a few more years of imprisonment for an innocent man was the better outcome. I can forgive myself for having been so tempted. I could not have forgiven myself for yielding.)

Timmy's lawyer back-stabbed him into going up, not down, in a plea bargain. Then, probably as agreed, the judge said he would take the guilty plea, but not the sentence. My friend got the maximum allowable sentence for saying he had raped his nine-year-old daughter at gun point. His defense attorney probably thought he was being a good guy by abandoning his code of ethics. Undoubtedly, the transcript of his daughter's Grand Jury testimony was nauseating. It was too vivid a lie, I suppose, for such a young girl. Perhaps that is why witnesses said she could not answer any questions; she had to keep closely looking at the social worker who was mouthing her the answers.

Now, they "re-sentenced" him, tacking on post release control, or PRC (parole or probation terms). Case law already clearly demonstrates that you cannot add to the maximum sentence (duh?). They could have given him 9 years, 360 days in prison, and twenty years of twice-weekly meetings with a P.O., but they gave him ten years without the possibility of parole, no "good time," or anything. He was to serve every damned day of it. After telling him he would receive 10 years of PRC when he got out, he called his lawyer. Seeing that he intended to oppose it, they have now said they might reduce it to two years -- about how long it would take him to go through the courts. Anyway, the unlawful PRC is why he can't just walk out a free man and move to Georgia.

The good news is that we are on our way to clearing his name. His only hope is coming through for him. Ashley, his daughter, has come forth with the dire threats that had been made against her if she did not accuse Timmy. She had already written him an apology a few years ago -- a nice document to have. Now, she has expressed a willingness to work with the volunteers at Project Innocent Ohio in Cincinnati. She remains his best, though no longer his only, hope. His son, Jimmy Ray, who worships the ground Timmy walks on, was present during the Grand Jury testimony. He is also, in other ways, an eye-witness to the complete falsehood of the allegations. Sadly, we can no longer add Alma's own testimony.

As an aside, Timmy didn't need her apology. He knew what had happened and was afraid for her, not mad at her. Ashley's mother, my only mortal enemy, is doing 27 years for rape in the Ohio Women's Reformatory. When the State is done with her, she will serve fifty years in a Federal Penitentiary for interstate child prostitution.

She rattled my cage a little while back by calling my father from prison, then hanging-up without saying anything. I can't prove that was her, but neither of us knows anyone else doing time there. I'm not just using an emphatic phrase when I say she is a mortal enemy. She could, and would, kill me on sight if given a chance. No weapons would be required, either. She has the size, strength, and evil to do it with her bare hands.

My next post, a poem, isn't for your kids.
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