The Cowboy Chronicles by William Davis - HTML preview
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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.
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.
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
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,
P.S. I'm sending Denise a similar document but naming her as Secretary.
May 2:2001: Letter from Mr. Bill to 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!
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.
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 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, DD
has 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,
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,
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 him. I know he would understand but it doesn‘t change the fact that I should be there.
It will be a long time before my tears stop falling.
July 24, 2001: Letter from DD to Michael forwarded to Mr. Bill (Mr. Bill: Handwritten note from Michael scribbled at the top of DD's letter to him) Bill- This came tonight, I can't take anymore of this insanity. Why is this woman doing everything she can to hurt me? I told my mom the man that burned me said, ―That's for your mom and DD!‖ FP saw me yesterday and was supposed to email DD about all of this. Denise sent FP an email about this because I have proof of everything! Michael Michael,
In God's name how could you upset your mother like you did? What kind of enjoyment could you possibly be enjoying by doing all this lying?
Everything you have written to Denise and Edwin and anyone else is all lies. And you know what Mike I have hundreds of letters from you that I went through last night that say things about everyone else. I could do like you are doing and copy them and send them off. But I'm an adult...You are a spoiled child. I see now why you are where you are. You have this false picture of yourself that says everyone lies but Mike. It certainly has me wondering about all of it.
Michael, IF you were truly burned by an inmate, I know damn well he didn't say anything like what you are saying. Why would your mother or I have you burned and how could we? To start with I have my doubts about it being true at all but I can tell you this it wasn't anyone else that did it except the inmate that supposedly did it. And how in the hell could I start rumors that you killed your mother? The people there know why you are there. Michael, I talk to your mother every week. So how could she possibly be dead to you? Get a grip!!!! You are going way off the edge.
My husband has forbid me and my granddaughter from seeing you or writing you ever again. So we are out of you life. Please leave us out of your life too. Michael I have never done anything but try to help you and you are telling so many lies about me it makes me sick. I can tell you this I've had enough of your lies and will not take anymore of them. You go on with your life and forget you ever knew me or my granddaughter. You have hurt her so badly that I don't know if she will ever forgive. She is the child Michael. Not you. And you have hurt her. But you have made me angry. I see no reason for you acting like this and will not just sit by and let you continue to slander us with your lies. If you got burned I am very sorry but you telling people that me and your mother did it is totally crazy. No, it's very sick and I don't want to hear anymore about this sort of slander. There is no way that I would be part of anything that would hurt you no matter how mad I am at you. This has gone too far and I will not put up with it anymore. I gathered up all your letters and will see an attorney this morning to find out just what I can do to stop it all. I'm sorry for you Michael. You hurt me very badly but this is not right what you are doing. Do you understand that? This is all totally crazy. I want it stopped and will see to it that it is.
You are acting like a child like if you don't get your way then you will hurt me until you do.
Well, I cannot come back. My husband has read all your letters and he will not let us return there to see you. So please just give it up.
You're mother told me last night that she has seen you like this many times. That if you don't get your way then you strike out at everyone. She said that you completely change from good to evil in a matter of minutes. Denise has told me the same. I don't want any part of your insanity.
Please understand this and take it to heart. I'm sick of this crap. I will not put up with it. I don't have to. Maybe your mother and Denise can but I will not.
I owe you nothing. I only wanted to help you and you know that. The crap about me and your mother having something to do with you getting hurt is absolutely insane.
Mr. Bill: DD was true to her word and severed all contact with Michael. This sordid affair left a bad taste in my mouth. I continued to support Michael in his quest for freedom but this ―affaire du DD‖ gave birth to a lingering doubt in my mind that Michael may have been just a wee bit psychopathic and I had to keep this doubt banished to the farthest recesses of my mind to maintain my own sanity and sense of purpose for Michael's cause. The upside of Michael's mental condition is that he was behind bars and in no position to hurt me or my family--I was raised by a chronic paranoid schizophrenic step-mother who tried on numerous occasions to harm or kill me. Her violent behavior made me an expert on survival with psychopaths. Also, for another strange reason I became a magnet for mentally ill people--if there was a mentally ill person within 100 yards of me they would seek me out and latch on to me--perhaps I should have studied to be a psychologist or psychiatrist.
July 26, 2001: Letter from Mr. Bill to Michael
Howdy! Sorry it has been so long since I wrote you but I have been very busy with church activities and my online college course. Next week I start a five-week course in C++
programming which should tax me severely since I don't know beans about computer programming.
Sorry to hear about your Grandfather and I will be praying for his recovery. I forwarded your heartfelt message about your hero to RC, SA and DD's news group. (By the way, DD has not been saying anything about you in the news group but she has removed any mention of you from her webpage and her granddaughter's webpage.)
I am sorry to hear about your problems with DD and we can only hope that she will just fade away and stop being a pain in your butt. In the meantime, Little Brother, you must hang tough.
Don't give up hope. Be patient. No more talk about taking the easy way out and for God's sake-DO NOT DROP YOUR APPEAL! Keep fighting to the bitter end Bro.
Our attempts to gain your freedom will take time and you must be patient and not give up because the mills of Justice grind exceedingly fine. The mills of Justice also grind exceedingly SLOW.
PS: Do not forget to take your anti-depression medication Bubba! Believe it or not, but yours truly also takes anti-depression medicine (Zoloft, 100mg daily). I have been taking it for 11 years now and I know how important it is for me take it as prescribed.
July 26, 2001: Letter from Michael to Mr. Bill
Dear Mister Bill,
I hope and pray this letter reaches you and your family having a GREAT day.
I'm doing a bit better now that I know I'm not 'insane.' I'm still in serious pain because of this burn on my face. All of it has healed except my cheek, jaw and upper neck.
I was paid a visit by the ―Inspector General‖ on Monday and I expect them to be back today. The inspector general is from the attorney general's investigative division and TDCJ (Texas Department of Criminal Justice) internal affairs. I was read my rights and told I was a suspect in a criminal investigation then thank GOD I was told that I had already been cleared by the mail room personnel. Someone has been sending threatening letters to people and putting my name and number on them. We know who is doing this and it is the same people involved in burning me and sending letters to DD.
****Mr. Bill: Perhaps I owe Michael a very belated apology for doubting his role in this sordid affair and then again maybe I don't owe Michael an apology. (I will never know for sure until I run into him in heaven--trying to be 100% positive about any of Michael's actions is about as difficult as wrestling with a greased pig or herding cats.) I am not deleting my thought processes in his letter to me dated July 27, 2001 because I want to show the gentle reader that I did not just blindly believe everything that Michael told me. I adopted the attitude of the ―Show Me State‖ and took everything he told me with a grain of salt mindful of the fact that his propensity to spin yarns and play games with the screws and the man enabled his appointment with the executioner. If he had just kept his big pie hole shut then I would not be sitting here pounding away on my computer keyboard relating his misadventures.
****The way the mail works here is we put it in our cell door and it is picked up at night. It is unsealed so that it can be inspected and read by the mail room ladies. CT AKA ―CK‖ and his amigos are doing everything they can to hurt me. He also corresponds with DD. I have proof that he is doing this!! The letters have not been coming from me and I thought I was going insane because everyone is mad at me and threatening people and saying things that I know nothing about. It was a relief to find out what's going on. I just hope DD and I can resolve an unnecessary dispute. I thought she was CRAZY and that I was CRAZY! There is a big investigation going on now and I have been moved for my safe keeping.
I'm also concerned that CT may have sent a letter to Gabrielle Crist at the Fort Worth Star-Telegram. She was supposed to begin a story about my innocence on July 11th but I haven't heard from her. CT knows Gabrielle is my friend and he has written her before. I have saved all the threatening letters he has sent to me via the underground mule. He sends them that way so he doesn't have to use postage and because they're confidential that way. The inspector general will be contacting DD. I hope soon!
A letter was even sent to the warden. It was addressed to ―WARDEN ASSHOLE‖ and called him all sorts of names and mentioned DD. It's all completely ridiculous but a lot of sick games are played by people in this place especially when they are jealous of someone having a chance at freedom because they are innocent. Mister Bill, I just wanted to let you know what is going on. I've written DD but I don't know if she opens my letters. I have still heard no word about my Grandpa.
Your brother in Christ,
P.S. Would you please pass this news on? I hope DD will put the webpage back up now. Also email FP. He knows the story and has seen me so he knows my condition. He will be gone to Florida for a week. Thank you.
July 31, 2001: Letter from Michael to Mr. Bill
Dear Mister Bill,
First of all, please forgive me for letting all this CRAZY stuff get to me and then for me putting it on you and the others that care about me. I hate to admit it but I am a bit ―fragile‖ and anyone that's in my situation that isn't is off their rocker. I try to be strong but I've had so many people turn on me like rabid skunks that it hurts me something terrible when it happens. I guess it's just something that is going to happen in this world until Jesus comes back. I just wish he'd hurry!
(SMILE) Yeah, I am trying to smile!
I received your letter tonight along with one from F and SA and each one of them gave me strength that I very much needed. It's nice to be able to cry happy tears rather than the tears of sadness. I thank God for having each of you as friends. I have cut my ties with HER and I have forgiven her but that is the end of it.
I know you are a very busy man in fact I don't know how you do it. Here I am putting more work on you. I was going to send the enclosed 3 pages from my Journal to F and have her transmit them to SA to be translated but I just learned that F is going to take a week vacation. I know it's a lot of typing but hopefully your typing is better or at least faster than mine. Would you please email it to SA along with the message I will put at the end of this letter? Please! I'd like for her to give it to RC before she leaves to come over here (Mr. Bill: The item in question was Michael's out of body experience dated June 19, 2001).
I hope you don't think I'm completely INSANE because of what I wrote. It doesn't change my Christianity at all. I have been exploring this type of meditation for a long time now. It's the same thing our Indian ancestors did and still do but without the sweat lodge and without the Peyote and other drugs. I'm not CrAzY...it's real! I will find the answers to all the unanswered questions. I'll let you know!
Thanks for being YOU, thanks for being a friend.
Your brother in Christ,
July 31, 2001: Email from Michael to SA in France forwarded by Mr. Bill Hello SA,
Tonight I received a letter from you, F and Mister Bill and I am feeling much better. I cried happy tears rather than the sad ones that have been flowing lately. I was going to send this long entry from my journal to F but I see she is taking a well deserved break.
So I'm sending it to the very over worked Mister Bill. I'll tell you just like I told him. Please don't think I'm CrAzY! It's very real but it makes this place even more unbearable. I don't know if ―Iti‖
readers (Mr. Bill: Iti refers to a publication by that wild and crazy French guy, RC.) will have any interest in this or if they will think I've completely lost my mind. About the money, today was our day but I still didn't have any but I was able to borrow about 15.00 worth of food and a few stamps from PM and last week I borrowed 11.00 from him. I've already paid the others back so that's all I owe. Right now!
Things are better now that I have been moved. In fact some of the guys over here were actually happy to see me. PM definitely was! Even though I've become a liability! (SMILE) I'm very anxious to see you and to hear something from T. Don't worry I'm all right!
Love and Kisses,
P.S. I've cut my ties with that WIERD/CRAZY woman and feel much better since.
August 10, 2001: Michael Toney Journal Entry
From bad to worse! I was just taken to the office and told that my grandfather had died and that I could make a phone call. I have been trying to prepare for this day but there is no way to prepare for losing someone you love.
My Mother was crying when she answered the phone. She said, ―I want you to come home, I can't stop crying.‖ My Grandpa is gone but my heart won't let my mind believe it. The pain in my heart is terrible but I know it is nothing compared to the pain my mother is feeling. My mother's pain is nothing compared to the pain my Grandmother is feeling. I am so ashamed of being here and not being able to be there for my mother and Grandma.
A lot of tears have fallen since Grandpa had the stroke on July 14th but today, I know a river of tears are falling from the eyes of all who loved my Grandpa.
It's hard to imagine life without him. Even though I've been away all these years, he has always been in my heart. I always knew I could pick up the phone and hear his voice. I knew I could go home and he would be there to welcome me. The last time I saw him was January 1996, when I drove out there for a visit. When I pulled into the drive he was working on his pickup. He was always working on something. It had been years since we had last seen one another but when he looked up and saw me his eyes lit up and that familiar and comforting smile came to his face. He took me by the arm and said ―Come on but don't say anything.‖ He took me in the house and there was my Grandmother sitting there knitting. He said, ―Juanita, this stranger is asking for directions.‖ I was surprised when my Grandmother looked up and recognized me right away.
As I was writing this someone said, ―Look out the window. What's going on?‖ Now I know my Grandpa is alright. There are many little birds flying all over outside my window. There must be hundreds of swallows congregated outside my window flying all around doing their little aerobatics. There is something mystical about the birds. A few months back I was sitting outside in the sunshine alone hoping it would relieve some of the depression when two little birds flew over the high walls and landed at my feet. They were within arms length and chattering away. I don't know what they were saying but obviously their message got across because they made me smile. When I went back inside I wrote to a friend and told her about the little birds. A few days later my mother phoned my friend and told her about two little birds that flew in her kitchen door, landed on the table and were chattering away. One of them even landed on her finger before flying back out the door and away. My friend could hardly believe what she was hearing.
Could it have been the same two little birds? Could they have traveled almost 2000 miles? All the sparrows flying outside my cell window must be a sign that Grandpa is alright. With tears rolling down my cheeks, I couldn't help but feel a sense of relief and even smile a little as I watched the sparrows.
Once again the message delivered by the sparrows was understood. Grandpa I will miss you but I know one day we will all be together again. I know you are in the presence of our Lord. I ask God to give us the strength to endure life without you, until we are all together again for eternity.
August 24, 2001: Letter from Michael to Mr. Bill
Hello Mister Bill,
I hope this reaches you having an exceptionally blessed day. Thank you for the words about my Grandpa. It's always difficult to lose someone we love but being here makes it even more difficult. I had stated that I wanted him to see me exonerated and free before he died but I wasn't thinking correctly because now he knows I am innocent because he is with God.
I visited with SA yesterday and today. We always have good visits but this time we had to work out the very strange problems that developed over the last couple of months and I'm HAPPY to say we have drawn some conclusion without being too judgmental and hopefully solved the dilemma. (smile) Now we have to get on with the task at hand.
We're going to have to find someone to put together another web page since DD removed the one that was beginning to get the most attention. I know you're too busy (Mr. Bill: I was working full time, going to school online at night and maintaining a church web page. I guess you could say that my plate was full and I was too busy.) but maybe F can do it and then translate it into French too. She doesn't know the case very well though. There is something you can do that won't take up a lot of your time though. We need to get the attention of Erin Moriarity of 48
Hours. I can write letters until my fingers bleed and it won't do any good but maybe a letter from you with the information about what the investigators have uncovered will get their attention.
(Mr. Bill: I wrote Ms. Moriarity and she never replied to my letter.) A man by the name of Raymond B. Lech has written me about writing a book about my situation and he may contact you because you have studied the trial transcript. (Mr. Bill: Mr. Lech never contacted me.) He has written two books: All The Drowned Sailors: The Sinking of the USS
Indianapolis and Broken Soldiers.
I finally heard from Denise and the $ problem has been resolved. It was just some more confusion. She has been having serious medical problems since her knee surgery. I'm sure you will know more than I before you receive this letter so I won't bother with details.
Well Mister Bill, THANK YOU again for everything. You are a priceless brother. Thanks again for the stamps. It was a miracle! (SMILE)
Your brother in Christ,
October 21, 2001: Letter from Denise to Mr. Bill with attached copy of a letter from Attorney Jack Strickland to Michael Toney
I have memory loss--I couldn't remember if I sent this letter already with a copy of Strickland's letter to Michael. So I've sent it again. (Mr. Bill: Denise forgot. This was the first time I saw this letter from Strickland to Michael.)
Hope all is well with you and yours. I found out yesterday (Sat.) that DD sent a video interview of Michael to my home address. (Mr. Bill: Denise's husband was not aware that she was helping Michael!) Why she didn't send it to the PO Box--I don't know! It was sent to my home a month ago and I still haven't gotten it. What's bad is that my husband has been getting the mail before I do. He hasn't mentioned it and I'm not about to ask. I'm hoping it was sent back to DD so she can send it to the box.
Well gotta go for now. I'm at work today.
Letter from Attorney Jack Strickland to Michael dated August 30, 2001
RE: Trial Court No. 0676220D, Michael Roy Toney Applicant, vs. Gary Johnson, Respondent Dear Mr. Toney:
I have received your recent undated letter. Please allow me a brief response.
First, let me explain what I will not respond to. I will make no further efforts regarding Richard Wayne Jones or anything he might or might not have said. Secondly, I could care less about Susan Solar, Raymond Lech, or Alan Dershowitz. I do not represent them, I have never heard of the first two, and have no reason to believe that either of them have any legal expertise.
In regard to amending your application. First, the State has not yet filed its response. Secondly, I have received no document from Ms. Francis or anyone else reflecting that anyone has said anything under oath which bears on your case. That means there is no new evidence at the present time. Third, I cannot just file an amended/supplemental application. I must file for leave of court to do so. The court may/may not grant leave. Lastly, before I file anything with the Texas Court of Criminal Appeals I will have to be comfortable with the veracity of the witness and the credibility of the information. You ask me rhetorically whether I care about my professional record. The answer is of course I do, which is precisely why I will not adopt anything that appears to be demonstrably false, inaccurate, or the ranting of a nut or sociopath.
In concluding, let me tell you how very little I appreciate your continued assaults on my character. I include under that heading representations by you that I have said that everyone on death row belongs there; that I will not represent Pablo Melendez to the best of my ability; or, as you said in a recent letter to Judge Cooke, that your application was not put together until the night before it was due to be filed. In fact, I canceled a long-standing family vacation to work on your writ application. I will continue to represent you, but as usual, you persist in alienating and slandering the people who try hardest to assist you. I therefore suggest that in the future you limit your letters to me to legal issues. I also suggest, although I doubt you will pay any attention that you cease your endless stream of public pronouncements about having ―proved‖ that everyone perjured themselves and that you have ―proved‖ your innocence. At some point the State may well decide it wants to kill if for no other reason than it is tired of hearing you (Mr. Bill: Ouch!).
While I certainly do not subscribe to that view there may be those that do.
Jack V. Strickland
Mr. Bill: This letter from Michael's attorney elicited a monumental WTF from me. Michael did not keep me in the loop concerning his attorney-client relationships so this letter was quite an eye-opener! Needless to say, I had to write Mr. Toney a letter to pour oil on the troubled waters.
October 25, 2001: Letter from Mr. Bill to Michael re Jack Strickland Michael:
Greetings Bro! Hope this letter finds you well and in good spirits. I am writing you this letter on my 27th Wedding Anniversary. Denise mailed me a copy of a letter that Strickland sent you dated August 30, 2001. If I interpreted the lawyerese correctly then he told you that as of the letter‘s date that he had not received a response from the State concerning your appeal and motion for a new trial. Is this correct? He also stated that he had not received any evidence from Ms. Francis (Tena?) that would help your case.
I do not know what to make of this development Michael. Has the situation changed since August 30th? (I certainly hope so.) Have you been in contact with SA and her group? Have you and DD made peace with one another?
Sorry to bombard you with all these questions. I would like to conclude this letter with some well-intended advice Michael. I do not know what all has transpired between you and Strickland but from the tone of his letter to you I can see that you and he do not have a healthy working relationship. I am not taking sides in this issue but I hope that you will swallow your pride and write a letter of apology to Strickland and try to get along with him Michael. I realize that you are in a very frustrating situation but you are just going to have to cool your jets down and stop cutting off your nose to spite your face. Take care my young hot-headed friend and take a chill pill Will, OK?
Yours in Christ,
November 5, 2001: Letter from Michael to Mr. Bill
Hello Mister Bill:
I pray this letter reaches you and your family having a very good day. I'm as well as it's possible for the time being. About Strickland and your advice--I have apologized to him but he is no longer my lawyer. Right now I don't have a lawyer which is why we are desperately trying to raise the $. Strickland's job is done. The district court (trial) judge denied the request for a hearing. He said, ―I don't want those pathological liars (Meeks and Blankenship) in my courtroom again.‖
The court of appeals has not issued their opinion on the direct appeal yet but it will be soon.
Some that came a week before me have been decided as well as a few that came after me. We have to get lawyers to do the Federal appeal. I don't know what the problem is with the investigators. I haven't heard anything since July. They have also refused to send me 200.00 that was sent to them for me.
I asked Denise to talk to you about putting a plea for financial help together that can be emailed to my friends. (Mr. Bill: Pursuant to Michael's request, I slapped together a web site for the Michael Toney Legal Defense Fund which gave a PO Box where donations could be mailed.) She doesn't know how or have the ability to do it. It could say something about the state's witnesses admitting they lied and I have never been to the place (the bombing site) and am in no way connected to the crime. And of course what the judge said in regards to denying the hearing and that I no longer have a lawyer. I would like it to be set up to where it can be emailed with instructions for it to be forwarded if it‘s possible. (Mr. Bill: Michael could be a demanding sucker.)
How is everything going with you? I heard about the BIG contract Lockheed was granted. That's good! Well my friend, I'm going to close and send this on its way. I hope it don't become tainted on the way. (Mr. Bill: Till the day he died, Michael was afraid that his mail was censored and tampered with.) I think the anthrax is more serious than the government is letting on.
Always your brother in Christ,