September 7, 2004: Letter from CD in France to Mr. Bill Dear Mr. Bill,
Here are some documents that may help the press to follow Michael‘s problem. Yesterday, I sent to Mr. Johnson and mainly Thaler, the history of his allergy and diet! Plus Michael‘s letters to Warden Jones and Kitchen Capt. Sherman and his report about the events of April 12, 2006
(Mr. Bill: The Polunsky screws confiscated Michael‘s personal food stash and he got deathly ill eating the crap they try to pass off as food on death row.) I sent $100 to the Kitchen but Michael goes on without food. His last letter I received yesterday is dated August 31.
Best wishes to you,
CD
Mr. Bill: This action by the Polunsky Food Gestapo produced a storm of outrage--Michael‘s French and American supporters sent a torrent of letters, faxes and emails to Governor ―Good Hair‖ Perry, TDCJ Executive Director Gary L. Johnson, TDCJ Polunsky Director R.C. Thaler, Polunsky Warden Chuck Briscoe and last but not least Amnesty International. I know that this did not set well with the knuckle-dragging Republican Neanderthals but that is too damn bad--
they have to observe the rule of law just like every other ordinary average American citizen.
They may have been able to get away with this crap in Gitmo and Abu Gharib but by God, they weren‘t able to get away with it in the USA!
August 5, 2005: Letter from Michael to Mr. Bill
Hello Mister Bill,
I hope this reaches you and yours having a blessed day. Thank you for the maps and for ordering the Mapsco CD. I‘m sure all of these items will be helpful. I‘m sorry to bother you with this but MKH‘s scanner doesn‘t work properly. Could you please scan the enclosed 16 pages to the email address on my typed email? Would you please return the documents to me after they are sent?
(Mr. Bill: The documents in question were a letter to CD in France, autopsy reports, crime scene notes and Robert Blount hypnosis session evidence.) I believe the new lawyers are really motivated even though they‘re hindered by legal obstacles. We will get the money to offer a reward soon.
Your brother in Christ,
Mike
August 8, 2005: Email from Michael to CD in France forwarded by Mr. Bill Hello Mom,
I hope this email and the attachments reach you having a good day.
You wrote that Robert Blount didn‘t testify that the case was found on the porch. That is true.
However, the jury saw the tape of the hypnosis session in which he said she (Angela Blount) found it on the steps and that it was in her lap when it exploded. Hypnosis is known for producing bad results especially when improperly suggestive as I believe Robert‘s session was.
In the session he said: ―It was a suitcase on the porch‖ and ―It was on Angela‘s lap when it exploded after two clicks of the latches.‖ What tells me the hypnosis session was bad is the fact that the physical evidence put it into question.
Attached you will find sketches of the crime scene and you will see that the hole in the roof which was created by the explosion is above the sofa to the left of where Angela was sitting. The hole in the floor is from the fire and subsequent water used to extinguish it. Much debris was washed down the hole which caused the particle board sub-flooring to disintegrate Now, most importantly you will see on page 228 which is part of Angela Blount‘s autopsy report the following: ―Three of the fragments are discovered to be metallic, shiny and to exhibit threads on the inner surface of the curved metal. One is recovered relatively free from the left calf, the other from within the musculature of the lower left lateral thigh, and a third from the left subclavicular soft tissues.‖ The emphasis on the word LEFT is added by me because it is very important which you will understand in a moment. Also note the ―Residual body hair is seen in the perineum (genital area) and is unremarkable‖ and ―examination of the lungs reveals heat alteration of the anterolateral left lung.‖ My point is the majority of the damage is on the left side of her body and there is no mention of fractured leg bones. The limbs were disrupted but not fractured. If the case was on her lap when it exploded it wouldn‘t be possible for the heavy metallic parts to be deeply embedded in the bodies‘ LEFT side. The residual hair on the right side of the body indicates that the explosion pushed the body to the right and the pubic hair also tells us the explosion didn‘t occur on her lap. It is my theory which I believe is supported by this evidence that the case was on the sofa, on her left side when it exploded. THIS IS IMPORTANT BECAUSE ROBERT
BLOUNT WHILE UNDER HYPNOSIS STATED ―IT WAS ON HER LAP.‖ If he is wrong about that then he could very well be wrong about it being found on the porch/steps which would have seriously thrown the investigation off course. NOTE: The hole in the ceiling is to the left of Angela‘s body and above the sofa. It seems she had it sitting on the sofa while Michael Columbus was looking over her shoulder.
If a forensics expert is allowed to review the evidence and reports and comes to the same conclusions it would constitute new evidence, not necessarily of innocence but it could be used to demonstrate how the investigation was botched from the very beginning. I also believe a forensics expert could show the ATF was wrong about a few other critical pieces of physical evidence. Keep in mind that we have witnesses who say someone else found the case and moved it to where the Blounts found it. Where, we don‘t know.
Michael Toney
August 10, 2005: Letter from Michael to Mr. Bill
Hello Mister Bill,
I hope this brief letter reaches you and yours having a good day. Last night I received some good news from Tena telling me how ambitious the new lawyers are. It‘s about time some lawyers took a real interest. They‘re amazed at how non-existent the State‘s case was.
Mister Bill, this morning I‘ve been going over the good maps you printed from Mapsco and the satellite maps. The satellite maps are really amazing! I can swear I see the old paddlewheel boat (Queen Maria) next to the 199 bridge. Is it still there on the left side? I‘d really like to see a satellite view of the area where we fished but I‘m not exactly certain which place it is but I‘ve narrowed it to only tow places it could be between Lake Worth and Eagle Mountain Lake.
Anyway, that‘s not the purpose of this letter. I‘m wondering if you can print the portion of the Mapsco all the way from 360 in Euless over to the Azle/Reno/Poolville area and then up covering Eagle Mountain Lake so that I can attach them to each other creating a map of the entire area. This would help me understand the distances, drive times and proximity of some of the suspects homes to Hilltop Mobile Home Park and to each other--it seems a lot of the suspects knew each other.
Mister Bill, I know the ink is expensive but the maps don‘t have to be in color. Black and white will suffice just fine if that‘s possible. Thank you very much for all your help.
Your brother in Christ,
Michael
Mr. Bill: Before I could comply with Michael‘s request for more maps I received the dreaded pink letter from the Polunsky Map Gestapo. These dumb Nazi bastards kindly informed me that they had seized and confiscated all of the maps and satellite photos that I had already sent to him.
I suppose these damn fools thought that Michael was using these maps of a 1985 crime scene to plot his escape from death row. This was not a real setback because I had already sent copies of these maps to Michael‘s lawyers so the Polunsky Map Gestapo‘s childish actions had no effect on Michael‘s case.
August 17, 2005 to December 29, 2009: Mr. Bill Nary a peep from Michael during this period. I can only assume that MKH in Livingston and CD in France were doing such a good job helping Michael that he did not need anything from Mr. Bill.
October 2, 2008: O‘Melveny & Myers LLP News Release by Jared Tyler SAN FRANCISCO, CA- In papers filed this morning with the District Court of Tarrant County, Texas, the State of Texas agreed that it violated the constitutional rights of Michael Toney, a death row inmate convicted of capital murder in Tarrant County in 1999. The State filed joint findings of fact with Mr. Toney‘s defense co-counsel, O‘Melveny & Myers LLP and the Texas Innocence Network, in support of Mr. Toney‘s petition for habeas corpus, currently pending before the Texas Court of Criminal Appeals.
With this highly unusual step, the State acknowledged that the Tarrant County District Attorney‘s Office withheld a number of pieces of exculpatory evidence from Mr. Toney‘s trial defense team that would have materially undermined the State‘s case against Mr. Toney, who was wrongfully convicted and sentenced to death for a 1985 briefcase bombing that killed three people in Lake Worth, Texas.
In February 1996, in the wake of the Oklahoma City Bombing, a task force was formed to solve the bombing, which had remained unsolved for eleven years. The task force, composed of members of the Tarrant County District Attorney‘s Office, the Texas Department of Public Safety, and the Bureau of Alcohol, Tobacco and Firearms, used aggressive techniques in the course of its investigation, including coercive and suggestive interrogation methods and
―cognitive interviews‖ that experts say can effectively plant false memories in witnesses‘ minds.
The Tarrant County District Attorney‘s Office suppressed the Task Force‘s use of such questionable interrogation techniques from disclosure to Mr. Toney‘s defense team.
Among the many other pieces of previously undisclosed evidence that O‘Melveny and the Innocence Network only recently uncovered were prior inconsistent statements from the prosecution‘s only two guilt-phase witnesses. There was no physical evidence tying Mr. Toney to the crime, and his conviction rested on the testimony from these two witnesses, who placed Mr. Toney near the scene of the crime that occurred twelve years before their first statements were taken. The undisclosed statements from these witnesses contradicted and undermined the most critical facts to the State‘s case. In its joint submission with Mr. Toney‘s defense team, the State conceded that its failure to produce this and other evidence violated Mr. Toney‘s constitutional due process rights and prevented him from receiving a fair trial.
Mr. Toney has been in 24-hour isolation on death row in Livingston, Texas since his 1999
conviction. Although neighboring Dallas County‘s Conviction Integrity Unit, since its inception last year, has used DNA technology to uncover 19 cases of people serving prison sentences for crimes they did not commit, the Tarrant County District Attorney‘s Office has not implemented any similar review of its past convictions.
Mr. Bill: I say this without the slightest hesitation: ―I told you so!‖ I came to the same conclusions as Michael‘s high-priced San Francisco lawyers just from perusing his trial transcript and I will say again what I said November 25, 2000: 1. Michael Toney was the scapegoat of a BATF/Tarrant County DA kangaroo court.
2. There was no physical evidence that could directly connect Michael Toney to the bombing: None of the State's evidence (which consisted mainly of bomb fragments and debris) presented at the trial had Michael Toney's fingerprints or trace DNA.
3. The State's star witnesses, the vengeful ex-wife Kim Toney and the lying backstabbing weasel Chris Meeks were coerced to give perjured-prosecutor-prepared testimony against Michael Toney. The State's frame job was not successful because each star witness's testimony not only contradicted itself but also contradicted the testimony of the other star witness. The star witness performance was so pathetic that it was patently obvious even to a blind, retarded chimpanzee.
In January 2009, the State authorities transferred Michael under the cover of darkness and a media blackout to the Tarrant County Jail to await the ultimate resolution of his case. Michael‘s new location enabled me to get personally acquainted with him--he was only a half hour drive away from my home.
January 2, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
Do you still have the defense fund paperwork? I ask because my daughter (H) needs to re-open an account so that my bond can be made. I am sick and they say if I don‘t get help my heart could--will suddenly give out.
CD will put up to half a million in cash for my bond but we need that account to transfer the money. An individual cannot do it because of the taxes. Would you please call H and explain to her what needs to be done to open another account. Please?
I will call you when I get to Fort Worth so you can bring some money up there (Tarrant County Jail). Thank you very much.
Yours in Christ,
Michael
P.S. The defense fund or my daughter has to be the one to actually make the bond. A foreigner can‘t make the bond because that would make me a flight risk in their eyes. Please make sure that CD and H know this.
Mr. Bill: Michael didn‘t waste any time getting the ball rolling to get the hell out of jail--and who can blame him? I would be anxious to get out of jail too if I had spent the last 10 years of my life on death row for a crime that I did not commit. I didn‘t call H because I don‘t do good phone but I did send her the following email which more than adequately explained Michael‘s plight.
January 7, 2009: Email to H from Mr. Bill
Subject: Bond For Dad?
H:
I got a letter from your Dad today and he requested that I offer you assistance in obtaining a non-profit organization bank account to which donors could wire money to for a bond to get your Dad out of jail if he goes on trial in Tarrant County.
On May 11, 2001the Michael Toney Legal Defense Fund began operation as a unincorporated non-profit organization. Michael was the chairman, Denise Wallenhurst was the Secretary and I was the Treasurer. Since the account was closed, the bank in which the account was held has changed ownership twice and the EIN (Employer's Identification Number) has been rendered null and void.
It will be necessary to start a new legal defense fund non-profit organization. (One question though: why can't Michael get his attorney to guarantee his bond or find a bail bondsman that will guarantee the bond?)
Here are the steps involved in Texas to start the fund (they are probably the same in Missouri): 1. Go to your County seat and obtain a DBA form for a Certificate of Ownership For A Unincorporated Business or Profession (Check the non-profit organization box).
2. The non-profit organization must have at least 4 officers: President, Secretary, Treasurer and a chairman, Michael Toney.
3. The organization must have a boiler plate Constitution and Bylaws which it can present to the Secretary of State, Bank Officers and the IRS (if you elect to become a non-profit tax exempt). I will send you a boiler plate Constitution and Bylaws in a separate email message.
4. After the DBA has been obtained, then you need to send in a Form SS-4 Application for Employer Identification Number to the IRS. You can download this form at www.irs.gov
5. After the EIN has been obtained then you can apply to your Secretary of State for a non-profit franchise. Also, at this point you can go to the bank with one other officer and all of your paper work and open a bank account.
6. After the Secretary of State gives you your franchise papers then you can apply to the IRS to obtain 501(c)3 status Form 1023/1024. You can download this form at the IRS website and also Publication 557, Tax Exempt Status For Your Organization.
I hope this helps you H. Do not hesitate to call me or email me if you have more questions.
Sincerely,
Mr. Bill Davis
Phone: XXX-XXX-XXXX
Email: XXXXXXXXXXX
January 8, 2009: Email from Mr. Bill to Michael forwarded via MKH
Michael:
Received your letter written 1-2-2009. I emailed your daughter and told her to re-start the defense fund. Hang in there brother-- you are getting closer to the finish line!
Sincerely,
Mr. Bill
Mr. Bill: Unfortunately, H was unable to start a new defense fund due to time and distance factors.
January 30, 2009: Mr. Bill- I made the first of many trips to the Tarrant County Jail to personally deposit cash into Michael‘s Tarrant County Jail Inmate Account. I did not see Michael at this time because I was not on his approved visitor list.
February 3, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
Thank you very much for your continued help with everything. It has been a long difficult fight but we‘re finally coming into the home stretch. I sure don‘t like the situation with E. Surely she knows all she has to do is face me and apologize but ‗shame‘ seems to be standing in the way. I was sure looking forward to seeing her.
Mister Bill, would you order Daniel Manville‘s book Prisoner’s Self Help Litigation Manual by Oceana Press? I have one but they (Mr. Bill: ―They‖ is the Polunsky Book Gestapo) wouldn‘t let me bring it from D.R. I need it for something I‘m working on. I also need a paperback dictionary and thesaurus. Mine are hardback and not allowed here. (Mr. Bill: I suppose the Tarrant County Jail Gestapo were afraid that Michael might bludgeon himself to death or attack his fellow inmates with hardback books--the man and his screws are so afraid of literate people.) The dictionary and thesaurus can be ordered from Amazon, Barnes & Noble, etc. and sent directly to me. I‘ll have CD reimburse you. (Mr. Bill: I complied with Michael‘s request to buy these books that helped him prove to the man and the screws that the pen is mightier than the sword.) BTW, are you retired or unemployed? I noticed you said ―unemployed‖ on MySpace which surprised me. (Mr. Bill: My ex-supervisor, the father of executed murderer Jeff Dillingham, at the behest of his evil corporate overlords laid me off--ostensibly due to program budget cuts but it was actually a case of cleverly disguised age discrimination and managerial hatred. I thumbed my nose at the bastards and retired in lieu of their damned layoff.) Could you do some research on attorney Tim Evans and send me what you find? (Mr. Bill: I Googled Mr. Evans and mailed Michael the information.) He has joined my defense team but I don‘t know anything other than what I have read in the paper. O‘Melveny & Myers will continue to lead the way but I‘m glad some Texas lawyers are jumping on board. (Mr. Bill: Tim Evans is not a legal lightweight and his addition to Michael‘s defense team was significant.) As always--thank you! I‘m glad I have at least one local person I can count on. Thanks Bro.
Your brother in Christ,
Mike
February 6, 2009: Letter from Mr. Bill to Michael
Michael:
Greetings Bro! It is hard to believe but you may really be in the home stretch. I am hoping and praying that the Texas AG realizes that you were convicted on the basis of perjured testimony and cuts his losses and cuts you loose. It could happen since the country is going through hard times and the State might not be willing to waste millions of bucks on a new trial.
I ordered the books that you requested and I am apologizing in advance for the used hardcover Litigation manual. That particular book is out of print and a new edition is coming out in August.
I figured you needed that book now so I ordered the used book. (Mr. Bill: The Tarrant County Jail Mailroom Gestapo held the dangerous hardcover Litigation Manual and did not deliver it to Michael--another chickenshit screw rule.)
Yes, I am unemployed. I was forced to retire in lieu of a layoff caused by program budget cuts. I am looking for a job but the pickings are mighty slim. I have sent out 150 resumes since I was laid off in April 2008.
Later Dude,
Mr. Bill
March 6, 2009: Mr. Bill- Deposited $106.14 to Michael‘s inmate account.
March 17, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
Money for the books, etc. will be sent to you soon. For some reason they (M‘AIM) thought E
gave you 200.00 of the 700.00 she ―borrowed.‖ The French are easily confused because they know so much more than us lowly Americans. I‘m very grateful for your help. Thank you!
Your brother in Christ,
Michael
March 21, 2009: Mr. Bill- Received $800.00 Western Union money transfer from CD in France.
I deposited $500.00 to Michael‘s inmate account and reimbursed myself $300.00 for the books that purchased for Michael.
April 6, 2009: Notice of Intent-Civil Rights Violations filed by Michael and mailed by Mr. Bill Tarrant County Sheriff, Dee Anderson
Tarrant County Jail, Chief Knowles
Tarrant County Jail, Captain Simon,
Tarrant County Jail, Captain Gravitt
Tarrant County Jail, et al
Dear Sirs:
This letter should serve as an attempt to informally resolve grievances and in the event an informal resolution cannot be reached as ―notice of intent‖ to file a Civil Rights Complaint/Lawsuit pursuant to 42USC § 1983.
As I compose this letter, I have been bleeding from my penis for several hours and am suffering tremendous pain in my urethra and kidneys. Due to post-traumatic neuropathy, I have a neurogenic bladder. In layman‘s terms: the nerves that would normally allow me to void my bladder are disconnected. Therefore, to urinate I have to insert a catheter into my penis to my bladder each and every time I have to void my bladder (usually 6 to 10 times daily depending on fluid intake, but due to persistent infection and infection protocol I am supposed to increase fluid intake). This procedure is supposed to be surgically sterile as I am inserting a foreign object sixteen inches into my body. Under ideal circumstances I would do this as a truly surgical procedure. I would wear sterile gloves and use a new/sterile catheter each time. However, here I am forced to use the same catheter for seven days! I am given inadequate antiseptic (when I can get it at all), no gloves and no container/tub in which to clean/re-sterilize the infected catheter.
(Note: The catheters are clearly marked ―Single Use‖.) Because of all of this and the undeniable fact that jails are notoriously unsanitary environments, I am terribly infected – again. (I am housed with/around mentally ill inmates, who often flood their cells and the cells of others with raw sewage. It‘s also common for them to smear excrement on themselves and the floors, doors, etc.) It is just a matter of time before I am internally infected with something worse than e-coli (i.e. staphylococcus or worse MSRA). I am very susceptible to infection due to having to insert a foreign object into my body and the trauma caused by the catheter itself (internal lesions). I have not had these problems while confined at this facility in the past. Even while sentenced to death and here on appeal. I have never been placed in a ―red jumpsuit‖ and housed with ―mentally ill inmates.‖ The latter of which Captain Gravitt denies!
I was returned to the Tarrant County Jail after The Texas Court of Criminal Appeals
―overturned‖ my wrongful conviction after the Tarrant County District Attorney‘s Office admitted to violating my Constitutional Rights and thereby causing a wrongful conviction. It seems the violating of constitutional rights is not isolated to the TCDA‘s Office, but is a rampant problem within Tarrant County itself. (In the short time I‘ve been confined at this facility, I‘ve witnessed and documented constant blatant Constitutional Violations). Subsequent to the TCDA‘s admissions and request that the Court overturn the wrongful conviction, they have recused themselves from any involvement in the case. Yet it seems the Tarrant County Sheriff‘s Department/Jail feels obliged to retaliate against me, because their counterpart, Prosecutor Michael Parrish, got caught trampling the U.S. Constitution and attempting to murder an innocent man.
I no longer have a TDCJ-ID commitment and the TDC ―Hold‖ placed on the jail paperwork is based on lack of information and misconceptions regarding my unique – unprecedented situation. I attempted to have a dialog with Captain Gravitt regarding all of this, but was told,
―You are not classified as an ―escape risk‖ or ―assaultive,‖ but you are ―high profile‖ and the escape risk and assaultive classifications fell under the ―high profile‖ category. He also stated:
―You will be treated as a death row inmate.‖ I find it peculiar that I wasn‘t treated as classified in this unnecessary manner while actually being death sentenced. This unusual treatment did not begin until Tarrant County was caught trying to murder an innocent man. These facts support my allegation of ―retaliation.‖
I also informed Captain Gravitt that when I push the ―emergency intercom button‖ and request the supplies necessary to void my bladder, I‘m usually ignored because I‘m with mentally ill inmates. Captain Gravitt had the audacity to state: ―They‘re not mentally ill.‖ Perhaps Captain Gravitt‘s judgment of normalcy has been adversely affected by his constant interaction with and abuse of the mentally ill. Normal human beings do not do the things I witness on a daily basis and that applies to the staff as well. It‘s not ―normal‖ or ―Constitutional‖ to deprive human beings of basic necessities such as a blanket, mattress, shower, etc. for weeks at a time.
Because of my unnecessary ―red jumpsuit classification,‖ I cannot possess the items required to care for my special medical needs. Because I am housed with ―mentally ill inmates,‖ I cannot be given medication (i.e. antibiotics) unless they are crushed and placed in a little cup and have some unknown colored liquid concoction poured into it. I cannot be expected to ingest some unknown concoction that is being given to me by an employee of the very county that has been trying with all their might to murder me for 12 years! Furthermore, this ―crushing‖ of pills is contrary to the manufacturer‘s instructions. Pills have coatings and bonding agents for medical reasons.
Now I am informed that according to Captain Simon I cannot use a safety razor to shave unless I am one week away from a court date. This is absurd! I‘m not only being denied fundamentally necessary items to care for my medical problem, but now I‘m being denied even basic hygiene items.
Furthermore, I have a hearing deficit and normally use a TTY telephone, but again because of the unnecessary ―red suit‖ classification, I am being denied something contrary to the American Disabilities Act. Because of this, I am forced to have one sided phone conversations in which my entire15 minute /$15 (long distance) call is wasted trying to hear what is being said.
And finally, I was booked into the jail before I ever arrived here. The information in the computer and on the jail paperwork is outdated, including emergency contact information.
I request a face to face dialog to resolve these issues.
Sincerely,
Michael Toney
Mr. Bill: Michael was a gifted jailhouse lawyer and he had a certificate from Blackstone Law School to prove it.
April 7, 2009: Letter from Michael to Mr. Bill
Dear Mister Bill,
I hope this reaches you and your family having a good day. I‘m sorry for bothering you with this but MKH is swamped and really doesn‘t have very good computer skills. I really need your help.
Could you use Google translator and translate the enclosed letter into French, print it and return it to me as soon as possible? Google isn‘t perfect but it will suffice. You can take any liberty to reword anything I‘m not clear on. Again, I‘m sorry for being a bother but you and MKH are the only ones I can count on.
Your brother in Christ,
Michael
Letter to M‘AIM that was translated into French and mailed back to Michael for distribution April 8, 2009
Dear Friends,
Please forgive the very poor French language writing but I am becoming despondent and desperate and must try. Some of the (very few) letters I have been receiving are revealing that many of you, (including the contemporary President and the Treasurer of Association M'AIM) do not have a clear understanding of the precariousness and urgency of the current legal situation. Many misconceptions exist and I fear they jeopardize our chances of obtaining a true verdict- justice. I am not criticizing anyone because of the misconceptions. I know it is confusing and it doesn't help that our American justice system is very different from the French system. I have tried- diligently to explain how our system works for nearly a decade but I'm afraid it's not possible for a non-American, socialist minded person to comprehend. (Mr. Bill: Michael could be as tactful as a blunt ax in his correspondence with