Anti-capital punishment organizations are not very popular in the ―United‖ States of America.
April 27, 2001: Constitution and Bylaws of the Michael Toney Legal Defense Fund I. NAME
The name of this unincorporated non-profit organization shall be known as ―The Michael Toney Legal Defense Fund‖ (hereinafter referred to as the Defense Fund) located in the state of Texas in the United States of America.
II. STATEMENT OF PURPOSE
The purpose of this organization is as follows:
1. To accept contributions for the legal defense of Michael Roy Toney, Prisoner# 999314 on the Texas Death Row and other persons selected by the Defense Fund that have been wrongfully convicted of capital crimes.
2. To contribute donations received by the Defense Fund to pay for Michael Toney's legal representation and associated costs such as investigations, court fees, etc. and other persons selected by the Defense Fund that have been wrongfully convicted of capital crimes.
3. To defray the expenses of day to day living in prison for Michael Toney and other prisoners selected by the Defense Fund that have been wrongfully convicted of capital crimes.
4. To solicit contributions to the Michael Toney Legal Defense Fund.
5. To educate and advertise to the public Michael Toney's case and other people selected by the Defense Fund that have been wrongfully convicted of capital crimes.
6. The Defense Fund is a non-profit organization without capital stock, and no part of its net earnings shall inure to the benefit of, or be distributed to, its officers, members, or other private persons, except that the Defense Fund shall authorized and empowered to pay reasonable compensation for services rendered. Defense Fund office expenses and to make payments and distributions in furtherance of the purposes set forth in this Constitution and Bylaws.
BYLAWS
I. MEMBERSHIP
Section A: Member Requirements
The membership of this Defense Fund shall be limited to members selected by the Chairman of the Defense Fund Board, Michael Toney, or his named, designated successor in a handwritten, dated, signed or (or notarized) letter.
Section B: Voting Rights of Members
Every member in good standing of the Michael Toney Legal Defense Fund is entitled to vote in all elections and on all questions submitted to the Michael Toney Legal Defense Fund board. A member in good standing shall be defined as a member of the Michael Toney Legal Defense Fund that has not been barred from membership by the Defense Fund Chairman, Michael Toney, or removed by a majority vote of the Defense Fund board members.
II. DEFENSE FUND BOARD OFFICERS
Section A: General
1. Any member applicant of the Michael Toney Legal Defense Fund shall be 21 years of age or older and selected by the Defense Fund Chairman, Michael Toney, or selected by a majority vote of the Defense Fund board members.
2. The Defense Fund may add, alter, or remove officers from the board by action of the Chairman Michael Toney, or by a majority vote of the Defense Fund board members.
3. The officers of this Defense Board and its board are Chairman, President, Secretary, Treasurer and three (3) Trustees.
4. No officer shall hold more than one (1) Defense Fund board office.
5. The initial Defense Fund board members will be named in a handwritten, dated, signed (or notarized) letter from the Defense Fund Chairman, Michael Toney and mailed to the Defense Fund Secretary Designate: Denise Wallenhurst.
Section B: President
The President is responsible to the Defense Fund and to Michael Toney to lead the organization to fulfill its goals. The President's duties are as follow: 1. Moderate Defense Fund board meetings in behalf of the Defense Fund Chairman.
2. The President is an authorized co-signer of checks disbursed by the Defense Fund.
Section C: Secretary
The Secretary's duties are as follows‖
1. Record and preserve the Defense Fund's Board Meeting Minutes.
2. Send Defense Fund Meeting notices to the Defense Fund board officers and members.
3. Maintain correspondence with Defense Fund members, the public, and people working on Michael Toney's case.
4. The Secretary is an authorized co-signer of checks disbursed by the Defense Fund.
Section D: Treasurer
The Treasurer is the chief financial officer of the Defense Fund. All monies received and disbursed by the Defense Fund shall pass through the Treasurer's hands. The Treasurer's duties are as follows:
1. The Treasurer shall maintain accurate records of all funds received and disbursed by the Defense Fund.
2. The Treasurer shall submit financial reports to the Defense Fund Board as requested or needed.
3. The Treasurer is an authorized co-signer of checks disbursed by the Defense Fund and shall ensure that all checks disbursed by the Defense Fund shall bear the signatures of at least two (2) of the following authorized co-signers: President, Secretary, and Treasurer.
4. The Treasurer's reports and records may be audited annually by the Defense Fund Board Trustees or by an independent outside auditing organization that has been engaged by the Defense Fund Board Trustees. The cost of an independent outside audit shall be borne by the Defense Fund.
Section E: Trustees
The Defense Fund shall elect from its membership three (3) members to serve as Trustees. The Trustees shall serve as a Board of Oversight. The trustees may audit annually the Defense Fund's Financial Records or engage the services of an independent outside auditing organization. The expenses of an independent outside auditing organization shall be borne by the Defense Fund.
Section F: Chairman
The Chairman of the Michael Toney Legal Defense Fund is Michael Roy Toney. The Chairman shall select the initial Defense Fund board officers and post his selections in a handwritten, dated, signed (or notarized) letter to the Defense Fund Secretary designate, Denise Wallenhurst.
In addition to selecting the initial Defense Fund board officers, the Chairman, Michael Toney, shall indicate his acceptance of this Constitution and bylaws via a handwritten, dated, signed (or notarized) letter to the Defense Fund Secretary designate.
III. DISSOLUTION
In the event Michael Toney is executed or released, the Treasurer shall, after making provision for the payment of all liabilities of the Defense Fund, dispose of the Defense Fund's assets by contributing the remainder to a qualified Prisoner Defense Fund designated by Michael Roy Toney in a handwritten, dated, signed (or notarized) letter received by the Defense Fund prior to his execution or release.
Mr. Bill: It should be obvious to even the most casual observer that the bylaws of the Defense Fund bore within it the seeds of its own ultimate demise. Don't be pointing the finger of blame at Mr. Bill for this crappy document--Michael wanted it this way and I gave Sir Michael what he wanted. I tried and failed to convince Michael that these bylaws sucked but he would not be deterred from having his way or the highway.
April 29, 2001: Letter from Michael to Mr. Bill
Bill,
I hope the enclosed document (a notarized statement from Michael naming Mr. Bill as treasurer of the Michael Toney Legal Defense Fund) will suffice. It's difficult to do anything from here.
I'm not feeling very well tonight and I'm a little depressed about things, so I won't write much.
I'll have DD email you when I see her.
Your brother in Christ,
Michael
P.S. I'm sending Denise a similar document but naming her as Secretary.
May 2:2001: Letter from Mr. Bill to Michael
Michael:
Received your letter today and I am sorry to hear that you are not feeling well and that your spirits are low. I will pray for you. My next off Friday will be on May 11 so I will try to get together with Denise and see if we can set up a bank account either in Azle or in a bank that is close to where she lives.
Keep the faith Bro!
Mr. Bill
PS: Did you decide on naming someone to be President of the Defense Fund?
Mr. Bill: I met Denise at the State National Bank of West Texas in Azle. We learned that in order to set up an account for a non-profit organization that we would need a doing business as (dba) document, bylaws, organizational meeting minutes and an EIN. Denise and I parted ways after we made a date to meet again June 8 to tie up the loose ends. I went to the Parker County Courthouse and got the dba document (Certificate of Ownership for Unincorporated Business or Profession- Assumed Name Record) and downloaded an EIN application form from the IRS web site, filled it out and mailed it in. After we amassed all the required paperwork, we met again in Azle on June 8 and opened the bank account for the Michael Toney Legal Defense Fund.
June 16, 2001: Mr. Bill: Mailed a letter to Texas Governor ―Good Hair‖ Rick Perry requesting him to pardon Michael Toney. I also mailed a letter to US AG John Ashcroft asking him to re-open the investigation on the 1985 Lake Worth, Texas bombing. Governor Good Hair played true to form and ignored my request. US AG Ashcroft replied that his office could not get involved.
June 19, 2001: Michael Toney's Journal
For the last year or so I have been doing a lot of meditating and self-evaluation. I meditate as a way of escaping the pressure and negativity of this environment and to remove myself from the pain of my body. My ultimate goal was for my spirit to exit my physical body, not permanently as in death, but just temporarily to adventure into other realms: realms that I have always believed to exist.
A few months ago I mastered the ability to slow my breathing and heart rate to where they are just enough to sustain life. I mastered the ability to remain perfectly still, even in my mind. I focus my mind inward rather than outward. I don't allow anything in this negative environment to enter into my mind. I seek complete silence which is something that never occurs here. There is always some negative noise contaminating our being, both consciously and sub-consciously. I have now successfully trained my mind to turn off all the negative emotions and to tune out all the negative sounds, thus tuning in to all of the positive energy of my own mind. I've mastered the ability to turn physical pain off.
Finally, today, after hours of meditation, I successfully left my body. I observed my body sleeping as if in a coma-like state. My facial muscles were completely relaxed, as the rest of my body appeared to be.
Seeing myself sleeping or doing what appeared to be sleeping was very strange and even scary. I could feel my body gently pulling at my spirit as if by magnetic force. The further I went from my body the less I felt the pull but I could always feel it as if my spirit was drawn to my body.
My spirit exited my body from the very top of my head. Once I was completely free I no longer had any control of my body and I didn't know how to maneuver my spirit, but, I quickly realized that all I had to do is will my spirit to move from one place to another. I could move without any effort at all. I felt completely free and gravity had no effect on me whatsoever. Doors, windows, and walls offered no resistance. I glided over the floor and through the air but even the air offered no resistance. The other spirits that I have always seen as mere shadows were clearly visible, even though they were just clear apparitions emanating a very soft light. There were many other spirits around me. They were everywhere! One of the spirits seemed to be angry and was moving around aggressively. I don't recall any voices but I do remember a silence that was almost musical. It was completely void of all the negative sounds that contaminate our daily lives. I could feel the ability to communicate with the other spirits and I could sense their thoughts and emotions and I'm certain they could feel mine. They surrounded me, but not in a harmful way. It was as if they were curious, but they were also guiding me back to my body--
they were almost pushing me back.
The spirit that seemed angry was very near my body and I could sense something was wrong. I could even see something different about the spirit. Its illumination was not as bright as the others were and it appeared the other spirits were trying to comfort it. As I neared my body I understood that the different spirit was trying to enter my body and the other spirits were pushing it back. As I began to descend back into my body it was somehow communicated to me that the angry spirit did not want to leave its body which was destroyed by an accident. The spirit had recently lost its body and was trying to take my body for its own.
I entered back into my body through the top of my head as if being poured through a funnel. As I entered my body, I began to feel the force of gravity and the aches and pain that I normally feel. I began to feel trapped.
As I think about my very short adventure outside my body, I believe it is possible that it may not have been my first out of body experience, but it was without a doubt my first experience while completely conscious It is possible that we all leave our body when we are in deep sleep and dreaming.
I'm not sure how this experience affected my religious beliefs and I cannot describe my feelings completely. I believe it is possible for a spirit to leave its worn-out or destroyed body to enter into a new one. This explains why some people have memories of past lives. I also believe it is possible for more than one spirit to inhabit one body. Thus, explaining why some people are diagnosed with what is termed as multiple personality disorder. I cannot explain why I feel or believe that right now.
I will continue to practice leaving my body behind to wander in the spirit form and to learn as much as I possibly can. I have to somehow conquer the fear of being without my physical body and adjust to the shock of being able to observe my own body. At this point, I feel that the shock and fear are a hindrance just as I see my physical body as a hindrance.
For now, I am left with even more unanswered questions than I had prior to what I hope to be many more out of body experiences. The first question I would like to know the answer to is: Who are all the other spirits and why are they without a body? Are they the spirits of the recently deceased? They seem to be everywhere--infinite spirits! If they are the spirits of the recently deceased, why are they here? Why aren't they in Heaven or hell as Protestant Christians believe or in purgatory as Catholics believe? Is it possible for a spirit to inhabit an inanimate object? Is it possible for a human spirit to inhabit an animal or is there a difference between the human spirit and the animal spirit?
I am a Christian and this experience has not taken away from my beliefs, rather, I feel that some mystery has been revealed to me. This mystery is not a secret, yet it is so simple that the majority never experience it because they are looking too deep for the mystery and have a tendency to make it more difficult than it really is. It takes a completely open mind to unlock these mysteries.
I believe we all have the ability to be free of our body and free of the pain and limited abilities of our physical existence.
Many will think that I have lost my mind, but I have not lost my mind, I have gained control over my spiritual being. The spirit has unlimited abilities in comparison to the very limited abilities of our physical existence.
The most perplexing question that I have to find an answer to is: Why should I remain here now that I have mastered the ability to leave at will? Why should I wish to remain trapped in this body which is trapped in this prison? Maybe, I can leave my body until it is time to go home--in the spiritual world there is no sense of time.
Michael Toney
Mr. Bill: Periodically, Michael would go metaphysical on me and publish these off the wall musings. Maybe he did learn how to do astral projection. Who knows? I think this entry is Michael's eloquent way of thumbing his nose at the screws and the man--he is telling them by the only weapon at his disposal, the pen, that they may be able to confine his physical body but they cannot trap or control his human spirit and its desire to be free!
July 22, 2001: Distressing Letter from Michael to Mr. Bill Dear Mr. Bill,
I hope and pray this letter reaches you having a wonderful day.
I'm doing absolutely terrible. I pray to God you can help me figure out what is going on. I'm going to tell you this in complete confidence, O.K.? DD is not the person she leads people to believe. The woman is insane!! She's 60 years old but extremely jealous of Denise, SA, F and everyone else. All she does is talk bad about them and say things that are not true. I had to ask her to leave because she had me so upset that I was on the verge of a nervous breakdown. I am still upset and things are getting worse. She's writing to people here on death row telling them all kinds of CRAZY lies to get them all mad at me. For instance, she's telling them I was in prison for ―beating my mother to death‖ or ―shooting her with a shotgun.‖ This has caused me big problems. Last weekend another inmate called me over to the bars while I was walking in the day room and threw boiling water mixed with baby oil and some sort of hair remover. I have second degree burns over the entire right side of my face with the exception of just below my eye and neck where they are third degree. After he did it he said, ―That's for your mother and DD!‖
and ―That ain't shit! I'm going to really burn your ass up when I can get to you!‖
****
Mr. Bill: At this point, the gentle reader is probably impatiently waiting to have two simple questions answered: Who in the hell is DD? and why is DD causing Michael so much trouble? I cannot reveal DD's true identity for fear of legal repercussions because she is very much still alive and still actively ministering to the unfortunates on Texas death row and I could not with good conscience besmirch her reputation based solely on Michael's unsubstantiated allegations.(As the gentle reader may recall from a previous entry--Michael loved to play games and he also played fast and loose with the truth. It is entirely possible that his troubles with DD were a figment of his vivid imagination.)
To answer the second question, the possibilities are endless in regards to Michael's tempestuous relationships with women. Michael had only two relationships with women: they loved him madly or hated him with the heat of a thousand blazing suns. There was no in between with Michael and his relationships with the women in his life. Since I was not a fly on the wall during Michael and DD's relationship I can only theorize that their relationship followed the usual Michael Toney boy-girl relationship: Michael and DD began their one-sided relationship with DD only loving him madly. During the course of this relationship Michael said or did something which was very cruel and thoughtless. DD took umbrage at Michael's thoughtless remarks (or actions) and her love for Michael instantly transformed into a blazing hatred. This scenario was repeated over and over during the course of Michael's life.
****
Now, D is telling me something about my grandfather dying. After she accused me of threatening her life she wrote: ―P.S.: SORRY TO HEAR ABOUT YOUR GRANDFATHER
DYING!‖ That's exactly how she wrote it and I don't know if it's true or what. If it is true, they might as well take me and kill me now because I won't be able to take that. My grandpa is the only one in my whole family that ever gave a rat's ass about me. He's a great man. I haven't spoken to him in more than 3 years and I don't write him because I don't want him to worry about me.
****
Mr. Bill: Aha! Perhaps we have arrived at the real crux of this issue between Michael and DD.During the last year of Michael's life, his beloved cousin Julie Ann Toney took her own life.
Michael did not handle this tragic situation very well--he lashed out in his grief and anger at his adopted French mother and almost severed his relationship with her and M'AIM. In like manner, Michael did not handle the demise of his beloved grandfather very well and lashed out at the messenger, DD.
****
SA wrote me saying I'm being ―SHITTY.‖ But I haven't done anything! All I did was terminate a visit with DD because she kept telling me that SA, Denise and even F are not trustworthy and all sorts of bad stuff. To give you an idea of how DD really is, I'll give you an example. She asked me what color hair I like on a woman and I said hair doesn't really matter to me and she said―What about blondes?‖ I replied, ―Well, my ex-wife ruined that for me and I don't care for blondes anymore.‖ DD got madder than an old wet hen because her hair is bleached blonde.
Bill, I don't know what's going on or why she is trying to turn everyone against me but it's driving me crazy. She told me, ―If you try to hurt me with your friends, I will ruin you.‖ I don't what she is telling people but she even has Denise mad at me. Last night I received a note from Denise in which she said: ―Even though I see and hear all you do, I cannot hate you but I am hurt by it.‖ I have no earthly idea what she is talking about.
I can't stand anymore of these games. It has me welcoming death as a refuge. Bill, all I did was ask the woman to leave because I couldn't stand it anymore. All she does is talk bad about everyone, including her own husband. Here is a portion of a letter she sent me last month so you can see what kind of person she really is.
****
June 27, 2001: Extract of letter from DD to MichaelDearest Michael,
I have worried about you ever since I left that place. After all, all I brought you was bad news and more bad news. What a way to start the week, huh?
Monday evening after we got home, things got even worse. First off, my husband was drinking too much and my son came over and my husband started mouthing off. My son kicked his ass for him. He has been in bed for 2 days now. He got a black eye and a tooth knocked out. Me and my granddaughter came very close to leaving him for good. I was so mad. He had no real reason to mouth off to my son and it upset me the kids and upset me and made my son very mad. My son had brought 2 friends with him and they saw it all. I was so embarrassed. When my son was hitting my husband I went outside in my nightgown and started yelling: ―Just kill the SOB!‖
Now a tooth is embedded into my son's fist and we need to go get it out. He won't let me even try to dig for it. What a night. My granddaughter and grandson were both ready to get in the car and just go. My granddaughter was packed when I came back inside the house....
****
Mr. Bill: I am fairly certain that this letter came from DD because it was typed on a computer, on green paper and in Times New Roman font. Michael's typewriter used Courier font. Also, DDhas a distinctive writing style--I see no evidence of Michael's creativity in this letter.
****
DD wanted me to be impressed by her telling her son to kill her husband. She's always telling me her ―husband is just dead meat‖ and can't get an erection. Bill, I know you can figure out what's going on here without me having to spell it out.Have you heard anything about the investigator? I haven't heard anything at all since he was supposed to go to see Meeks again and go see my ex-wife. Please let SA know that she shouldn't tell DD anything about the legal situation. Bill, I'm seriously scared to death of the woman.
Thank you very much for getting that account opened up. SA is worried about Denise being on it but I'm not. I think the money has been raised but I'm not even sure about that. We need to know how to do wire transfers from there to here to save on exchange fees. That's the whole purpose of having the account. No one will mail money. Thank you very much for the money. It was very helpful. I thank God for our friendship. Hope to hear from you soon.
Your brother in Christ,
Michael Toney
P.S. Did you know that there was another explosion at the Hilltop Mobile Home Park in January 1987? It was a mobile home on lot 16A and the victim's name was Murphy Ashworth. His ex-wife was suspected and questioned for the Blount bombing before the second explosion happened. Lot 16A is directly across from where the Blount home was. I just learned this from reading ATF reports from the Freedom of Information Act. I have all the ATF reports from November 28, 1985 on including lab reports, etc. I also confirmed that Joe Blount and his brother Carl were associated with the Hells Angels and the notorious Sonny Barger. Barger is the president of the Hells Angels and is currently touring the country promoting the book he wrote while in the Federal pen. Joe and Carl were also meth users. I don't think any of this is of any relevance to my case except maybe the Ashworth bombing but it's interesting anyway.
MFH was a suspect within a few days of the bombing. LWC and MFH's mother were interviewed by the ATF and gave them incriminating information. MFH failed the polygraph!
A couple of weeks ago my anti-depressant meds were stopped so this hit at a real bad time.
They're renewed now! Thank God.
Has DD sent any ―bad‖ messages to the news group? I hope not!
Can you find out what's going on with my Grandpa? I'll give you my mother's number. I hope he's all right. He is a very good man. If he's gone I'll lose my mind--I had things I needed to tell him.
July 23, 2001: Letter from Michael to Mr. Bill
Dear Mister Bill,
When it rains it pours! Since June 28th everything has gone wrong. I don't know how I can take much more. The tears are burning the burns on my face. I must have cried a gallon today. I'm enclosing something I wrote awhile ago. Will you please email it to RC? You can also email it to SA or the news group if you want to. Please. I'm sorry, but this letter will be short. I can barely see this paper.
Your brother in Christ,
Michael
P.S. Would you please tell SA that the last money I received was from you. DD is telling them I have money but it's not true.
July 23, 2001: Enclosure to Letter from Michael to Mr. Bill My hero, the second greatest man to ever walk the face of the earth is laying in a hospital bed fighting for his life. His wife, my grandmother, is at his side just as she has been for 65 years.
On July 14, 2001 my grandpa and grandma were at a lake in the northern California Mountains fishing when the massive stroke occurred as he was doing what he loved to do.
This morning I was permitted to telephone my mother. She had just returned from the hospital. I could hear and feel the pain in her voice even though she was trying to conceal it to comfort me.
I couldn‘t stop the tears, a man I love more than life is barely holding onto life and there is nothing I can do. I can‘t even tell him I love him. I feel so helpless and ashamed of being where I am. I‗ve been praying I would be free before something like this happened. The pain I feel in my heart is worse than any pain I have ever felt. It‘s actually a physical pain as if my heart is too heavy for my body to carry.
He‘s 60 years old but he has always been so active and youthful that he seemingly hasn‘t aged. I don‘t know where all the years have gone. It seems like it was just yesterday that he taught me to drive the tractor and plow the fields, feed the calves or since he gave me my first dip of Copenhagen snuff or my first nip of Apple Jack Whiskey. Both of which made me dizzy and sick to my stomach, but I did everything I could to hide it because I wanted to be like my grandpa.
In 1981, I was just 15 years old but I had moved to Texas. I had been in Midland for about a month when my grandpa came to my job. He drove almost 2000 miles just to make sure I was alright and to tell me that he was proud of me. I‘ll never forget the day he said he was proud of me. He was the only one to ever tell me that.
It seems like yesterday that my grandpa was cooking breakfast for me and my brother over an open fire when we were in the mountains hunting.
It seems like yesterday that we would sit in front of the television eating popcorn or scorched peanuts and watching, ―Hee Haw‖, ―Big Time Wrestling‖, or ―The Dukes of Hazzard‖.
I don‘t know that my grandpa is a Christian but I don‘t think it‘s possible for such a great man to not be. Besides, I don‘t think it‘s possible for anyone to live in the same house as my grandmother for 65 years and not know Jesus. My grandpa and grandma are exact opposites but you have to admire how they raised 9 children and endured 65 years together. No one could ever say that they don‘t love each other.
I feel like I‘m being selfish by not wanting him to go be with God but there are so many things I needed to tell him. I wanted him to see me free so he could be proud of me again and so that he wouldn‘t worry about me.
I know he is surrounded by many people that love him but I‘m so ashamed of not being there for