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Wednesday, October 11, 2006

October 8, 2006

Dear Sis~

I'm glad that you are finally settled in in your new home in your new state, the Commonwealth of Virginia! As you are already learning, Virginia is the heart of the old Confederacy, and while the culture is different from say, Mississippi or Georgia, there still exists an element of the plantation mentality, at least in the minds of the power structure (including the court system). This is still the deep south, culturally, if not geographically...

It's interesting to watch this latest Washington DC sex scandal play out as the Republican leadership scrambles to contain the fallout. A lot of these guys were the same smug, self-righteous crew who campaigned so vigorously to impeach Bill Clinton, and now they are being hoisted on their own petard. I think the voter disillusionment now reflected in the polls is a reflection of not just this scandal, but a belated recognition by the people of the imcompetence and arrogance of this administration and the Republican leadership in general. In their hearts, most Americans sense that this nation is heading in the wrong direction on a lot of fronts. I think this latest scandal is just the tipping point. Today I saw that the latest poll has President Bush's approval rating at a record low of 33%, and I'm wondering how it's even that high. Who the Hell are those 33%? Anyway, now there's at least a reasonable chance that the Democrats can recapture the House and/or the Senate. If they do, it won't be because the Democrats have put forth any great and grand alternative policies, nor do they have any real telegenic or personable leaders, not anyone I'd be willing to charge the hill with, so to speak. It's amazing how the Democrats can be so singularly successful at failing to find and put forth sound, strong, sensible candidates who can inspire confidence in the electorate. These people exist, they just never rise to the top, through the filter of the political machine. Sometimes I feel like saying "a pox on both of your houses". I'd really like to see the Democrats come up with a Democratic version of Senator John McCain, but I don't see that on the horizon...
Alright, Sis, enough pontificating from my soap box. Give the dogs a belly rub for me and I'll see you soon!
Love & Peace,
Bill

Monday, October 09, 2006

BILL HAS A NEW WEBSITE!

To the many readers who have asked about Bill's website being down, please visit his new website at www.geocities.com/vladd77/VANPOYCK_AUTHOR.html . I have been unable to get his original website transferred to a new provider and when I saw his new website, designed and developed by a close friend of Bill's, I was thrilled to see how beautiful it is. It gives you all the info with links to other stories about Bill and is much better than his original website.

I visited Bill last Saturday and he is always so happy when we meet...I am mailing him the pages from his new website as he doesn't know about it yet. Bill also told me he will send me a blog entry soon so he can continue this Death Row Diary. Thanks for all your patience and may God Bless you in all you do.
Lisa Van Poyck, Bill's sister.

Friday, October 06, 2006

We're back!

To all our readers:
I have moved from Las Vegas, NV to Virginia to be closer to my brother, Bill, who is the writer of this blog. I post the letters he sends me, but was unable to do so during and shortly after my move to Virginia. I am visiting him at Sussex I State Prison almost every weekend and Bill will now begin sending letters again for me to post. I'm sorry for the confusion this lapse in letters may have caused. Please know that Bill is in good spirits and I'll be posting his next letter as soon as I receive it. Thanks to everyone who reads Bill's blog. God Bless you. Lisa Van Poyck. Oct. 6, 2006.

Tuesday, July 18, 2006

June 12, 2006 - PERCY COMES BACK!

Dear Sis~
Here's a belated entry about a sliver of good news that occurred last week. Percy (aka Crazy Horse) was scheduled to be executed last Thursday night, June 8th, and I has assumed it was a done deal, that his death was inevitable because he'd exhausted all legal remedies and avenues. But, at the last moment, our new governor, Tim Kaine, stayed the execution for 180 days to give psychiatrists a chance to examine Percy to see if he's insane. Under prevailing constitutional law a person has to be sane in order to be executed. (Isn't this a little bizarre? I understand the principle behind this, which simply stated is that "society wants you to know that you are being executed and why you are being executed." But when you pause to really consider this you see that the basics for such a rule is not grounded in decency or concepts of civility, but rather are based upon revenge and mean spiritedness. They're saying it's fine to kill people but we have to make sure they are aware of their impending death! When you mull this over, you see the true rationale - we want you to know (and thus suffer) that we are about to take your life. If you are not aware of your impending death, well, you don't suffer enough!)
Anyway, I was very pleased that Gov. Kaine had the political courage to do this (and in bloodthirsty Virginia it does take political courage to stop any execution). I was really upset and depressed about Percy's, then imminent, execution because to me, it was so barbaric and so representative of what is wrong with the whole capital punishment trip in America. You gotta understand that I've been around Percy for 6 1/2 years and he is absolutely insane, 24/7. Everyone here (prisoners, guards, staff, doctors) knows Percy is crazy, and yet the State has relentlessly sought his execution, pulling out all stops and employing all manner of dirty tricks to kill this guy. As the clock ticked towards his 9:00 execution that Thursday night (I was unaware that he had gotten that last-minute stay) I was profoundly sad and morose; my sadness was more about our society, about what this action says about us as a people, than it was about Percy himself, who remained blissfully ignorant of what was about to happen to him. They brought Percy back about 10:30 that night and I watched him, out through my little back window, as he shuffled up the sidewalk, chained & shackled, with the same crazy gait and expression he had when he left, totally unaware of how close he'd come to death, or why these unforeseen forces are so determined to extinguish his life. Percy lives a sad, miserable, solitary life in his bare, filthy cell, totally alone in his own befuddled mind, and yet the State is absolutely determined to take even that away from him. It was a sad spectacle to watch, but Governor Kaine's humane decision brought a narrow ray of hope to this dark corner of the world.
Love & Peace, Bill

Sunday, July 16, 2006

June 29th, 2006

Dear Sis ~
It's a beautiful day outside, with a bright sun in a cloudless blue sky, and the birds flittering outside my cell. I'm waiting to go out to "yard" and get my daily stroll on, feeding the birds and perhaps enjoying a game of chess with Mike. As I've told you before, Mike has an execution date of July 27th, which means they'll take him to Greensville around July 17 - 18th (lately, they've been getting guys 8 - 10 days prior to their execution; it used to be 4 days). It is almost a certainty that Mike will die on the 27th, barring some unexpected and astounding legal occurrence, and Mike is fully aware of this, harboring no illusions or false hopes. He is resigned to his fate and fortunately, he is well-grounded and mature, possessing a substantial spiritual/metaphysical depth of character and nature. Still, when death is imminent, when it has gone from an abstract concept to a concrete reality, from the general to the very specific and personal... well, it isn't easy. As his good friend it is also hard, and awkward, for me as I count down his final days with him. We have a lot of good, deep conversations and yet in the background is that constant awareness that the minutes, hours and days are slipping past and the end is rearing up its ugly head, rushing forward to swallow him up. For all of my 18 years on the row, this is the first time I've had to go through this, on a daily basis, with someone who is a real friend, someone I like, respect and care about. Mike is on the row for killing a fellow prisoner - a convicted murderer who was a violent bully in another prison, a fact that Mike's jury was prevented from knowing - in a typical prison beef where one must choose to kill or be killed. I see a lot of myself in Mike. Like me, he was an inherently rebellious kid and ended up in a series of youth halls, reformatories and eventually prisons, with his crimes being either drug possession or burglary (trying to get money for drugs). At heart, he is a good guy with a strong character and solid values, not at all what the average citizen envisions when imagining a "typical" death row prisoner. Like me, he is totally self-educated, having spent many prison years questing for knowledge (academic, philosophical, spiritual, metaphysical). Society will not benefit one iota by executing Mike, and in my eyes will suffer a collective loss, although your "average citizen" cannot see that. Notwithstanding his seemingly dismal, dead end existence Mike has, through self discipline and will power, grown and matured remarkably and is far advanced on the spiritual plane, much, much more so than those who have judged him and deemed him worthy only of death. The shame is on them and their trivilization of death and life. Mike's execution caters to our society's desire for simplistic solutions (it's too hard to think about such things!) and our nation's ineluctable impulse, grounded in Puritanical moral certitude, to blindly inflict maximum punishment, to relentlessly seek revenge and retribution as the "answer" to all problems. This is why we, alone in the world, are always at war with someone, somewhere, over something. We are a violent people and we enjoy killing - it's as simple as that- though we refuse to recognize that inescapable fact (Americans love to declare that we are a "peace loving nation" which is a joke in the face of historical record). As a nation, we reap what we sow - blood for blood, eye for eye, tooth for tooth. It's the definition of a vicious cycle...
Anyway, it sounds like a cliche (Hell, it is a cliche) but Mike will be going to a better place, and he's a better man than most of those he leaves behind.
Love & Peace, Bill

June 1, 2006

Dear Sis~
This evening they brought John Muhammad, aka "The Washington DC Sniper", back here from Maryland where he was just convicted of six counts of first-degree murder and sentenced to six consecutive life sentences. He's already under a death sentence here in Virginia for one of his other murders. He was eligible for the death penalty in Maryland, under Maryland law, but according to the Maryland prosecutor they declined to seek the capital sentences because the Virginia prosecutors has somehow screwed up some evidence (apparently through mishandling the chain of custody) and thereby made any death sentence vulnerable to legal attack. From a legal perspective, that doesn't make any sense, but that was their story. If you're wondering why Maryland even bothered to prosecute him, given his Virginia death sentence, the Maryland prosecutor said it was for "insurance" in case Mohammad ever beat his death sentence here. Anyway, he's back here in cell #1, which they've set aside for him from the beginning. They won't even let anyone live in cell #2, next to him, nor in the two cells directly above him. They also don't let him go to recreation with the rest of us, (he must go to rec all by himself), and when he showers, a sergeant and two officers have to come in to escort him (in chains) to and from the shower, which is 30 feet away. They act like he's some kind of ultra-high security threat, capable of superhuman feats when, in reality, he's simply notorious. Florida used to do the same thing with guys who had very high profile cases and, in fact, they did it to me when I first went to F.S.P., treating me like Hannibal Lector. But, eventually they tire of the drama and begin treating you like any other prisoner. The truth is prison authorities like that kind of drama, at least for awhile, and they play it up. I guess it breaks the boredom nd makes their pedestrian lives feel important...
June 2nd
They just came in and chained up Percy Walton, aka "Crazy Horse" and took him to Greensville for his June 8th execution. It was a sad spectacle. Percy is genuinely and thoroughly insane, by any definition (legal or medical) and has been for the 6 1/2 years I've known him. He's oblivious to what is about to happen to him. Everyone - us, the State, the guards - knows he's crazy, but they're going to kill him anyway. It was depressing to see the State fight so hard in the courts to execute Percy, despite his mental illness, and the contemptible tactics they employed. You have to wonder about a State, and its society, which is so desperately determined to kill a man who has been so unequivocally insane for most of his life. (A couple of years ago, when Percy was also very close to execution, one of his attorneys confided in me that she was probably going to resign if the State put him to death, because she just couldn't take it anymore. This is a lawyer who has seen many of her clients executed already, but to her, Percy's case represented all that was wrong with the system. She did get Percy a stay of execution, but now the State has prevailed in its efforts to execute him).
As you know, Vince was executed a few weeks ago and we have two more executions scheduled for July. That will make 4 executions in 2 1/2 months, or 20% of our DR population here. I've gotta tell you, Sis, that after all these years, watching so many guys get put to death, it's becoming increasingly depressing to be witness to this spectacle, to be at the point of the spear in society's macabre battle to kill its own citizens...
Alright, I've gotta get back to work (legal work, that is) as I prepare my next battle plan in my own effort to avoid the executioner's sword. Give yourself a big hug for me & know that you are loved!
Love & Peace, Bill

Monday, April 24, 2006

April 16, 2006 Easter Sunday

Dear Sis~
Here it is, Easter Sunday, and we've got 2 executions coming up. One guy, Vince, is scheduled to be put to death in less than two weeks, on April 27th. The other guy, Bo, does not yet have an official execution date (to my knowledge) but it will be set very soon since his appeal has been denied by the Fourth Circuit Court of Appeals (Federal appeals court), and the Commonwealth of Virginia always moves to set your execution date as soon as you lose your appeal in the 4th Circuit. The State doesn't even wait for (or care about) you to file your certiorari petition in the US Supreme Court. Virginia just assumes (and with justifiable confidence) that the Supreme Court is not going to grant anyone any relief. Anyway, I find the dichotomy interesting, in this ostensibly "Christian" nation, Easter Sunday (with all of its spiritual implications) on the one hand, and the State machinery relentlessly & inexorably putting men to death on the other hand. What's wrong with this picture?

Alright, Sis, this will be a short one. Everything is fine here for me (other than the fact that I'm on death row!) and I'm in good health & spirits. Tonight is my "kick back and relax" night, so the lawbooks get put away and I just spend the evening puttering around and goofing off. Tomorrow I'll be back at work!
Love & Peace ... Bill :}

Sunday, April 16, 2006

March 26, 2006

Dear Sis~
Last week the US Supreme Court declined to accept and hear my case. While it wasn't totally unexpected (the Supreme Court rejects over 99% of all petitions filed before it) it was disappointing. I'm not going to sugar coat this development, Sis. This was a substantial blow to me; this was my last really potent legal claim, the last one I could generate any real enthusiasm and confidence about.
Now, I still have two (2) other legal avenues to explore, but to be honest, they are marginal claims (both substantially and procedurally) and I can't get excited about them. This decision by the Supreme Court brings me closer to the day when I'll be executed. While I'm in no danger of being executed real soon, given the current de facto moratorium on death warrants in Florida, I can definitely feel the walls pressing in on me. Now, you know I'm a fighter and I'm not about to throw in the towel, but I'm also a realist. I'll be working hard to pull a legal rabbit out of the hat and perhaps something totally unexpected will occur in the interim - some major new decision by the US or Florida Supreme Court which will open a new door for me. Anything is possible and I'm an optimist by nature. In any event, what will be will be and I can live (or die) with whatever fate holds in store for me. Now, I've gotta get back to work, sis. I've got a big stack of cases to read and analyze as I chart my next legal course.
Love & Peace,
Bill

Saturday, April 15, 2006

March 20, 2006

Dear Sis~
Today is the Vernal Equinox, the first day of Spring, and coincidentally, we just went on quarterly lockdown. For the next 2-3 weeks the entire prison will be locked down while the shakedown crew roams from cellblock to cellblock, searching everybody's cell. This exercise in futility occurs every 90 days and is a monumental waste of time that does nothing to improve security. From a prison security perspective, there's nothing more stupid than to announce, ahead of time, that you're going to conduct a shakedown on a certain date(s). About as effective as drying ice with a towel. All it does is give prisoners time to securely stash, or discard, their contraband until the storm blows over. Luckily for this administration, though, this is a very low-key joint. There's nothing really going on here - no killings, no gang activity, no real drug activity - and the only real "contraband" is nickel & dime stuff that wouldn't even constitute contraband in most prisons. I've been in my share of hard core, old school gladiator prisons where everyone is strapped down (carrying a knife) and violence is a daily occurrence, where wine and dope is rampant and contraband means a gun, hacksaw blade, bolt cutters, machete or heroin. Places like that are a slice of the devil's pie. This joint is soft as cotton candy in comparison to say, Florida State Prison, or the Rock (Raiford). But, there's something to be said for living in a joint where you don't have to sleep with a shank under your pillow, and where they're not carrying bloody bodies down to the clinic every day...
Did I tell you that we got a new warden a couple of weeks ago? This warden is a female, and the consistent response, when I ask the guards what she is like, is "she's a real hard ass", or words to that effect (usually the description isn't that polite). Of course, that's from the guards' perspective which does not necessarily correlate to our perspective. The guards might resent her simply because she's making them actually do their jobs (she's demanding that the cellblocks be kept clean and spotless, for example) as well as the fact that she's a female. Corrections is historically a male-dominated industry with a lot of macho (and misogynistic) sensibilities. All I know is that, so far, she hasn't done anything to cause me any grief...
OK, Sis, I'm signing off. Give the doggies a big hug for me!
Love & Peace, Bill

Wednesday, March 22, 2006

March 5, 2006

Dear Sis~
I'm feeling very energized as I just came out of a very deep and powerful vibrational state - something that sometimes occurs when I'm meditating. Anyway, I got up for supper, which proved to be hot dogs (we get them a lot). I wrapped the 'dogs up and saved them for the crows. There's the one, huge male crow that waits for me; he hangs around along the edge of the woods until I go out to the yard (the dog runs). As soon as I call him (Caw! Caw! Caw!) he flys over and I throw the hot dogs out on the grass. His mate, a smaller female, hangs back. She won't come that close. Instead, she lands in the grass near the perimeter fences, about 100 feet away. The male will land, eye me carefully, then hop over, grab a dog and fly away. He'll land by his mate, show her the dog, and she'll walk over to him and he'll share the dog with her. We've got a standard routine down now. The male always chooses a dog over, say, a sausage or some salami/bologna slices. Only when I have no dogs will he reluctantly grab the sliced lunch meat, and then he'll often caw at me as if he's disappointed or irritated. Yeah, he likes his dogs! He's a BIG crow, too, clearly the alfa-crow!
Anyway, sis, that's what passes for entertainment around here.
Did I tell you that I got a job a few weeks ago? Of the 22 guys here on the row, 8 or 10 of us have "jobs". Two of us are barbers (one white, one black) and the rest of us are "pod workers" (aka "housemen"). We get to come out of our cells (only one at a time) without handcuffs, but wearing leg irons, to sweep and mop the pod (the cellblock). Our pay is 20 cents an hour, which works out to about $18 or $20 per month, enough to keep you in stamps, envelopes, pens & paper, plus maybe some moon pies and potato chips. More importantly, for me, I get out of this damn cell and get to stretch my legs, and almost feel normal. After 18 years in a small cell, any degree of freedom is appreciated, even the most nominal...
You may already know about the bizarre case of California death row prisoner Michael Morales? A couple of weeks ago he was scheduled to be executed by lethal injection, but just hours before he was due to die, the two anesthesiologists (who were present persuant to a specific Federal court order) walked off, refusing to participate. This led to an unseemly last-minute scramble to find a doctor or dentist or nurse willing to conduct the execution; unable to locate a willing executioner the State had to cancel the execution. As far as I know, it's the first time in American history that an execution has been cancelled because nobody would kill the prisoner. That night, Morales' death warrant expired so he's not set to die anytime soon. But his case has ignited a legal controversy in California - the same legal debate going on in Florida and several other states -- regarding the constitutionality of the 3-drug cocktail used to execute prisoners. (The whole reason that Federal judge ordered that two anesthesiologists be present was to, obstensibly, ensure that Morales be put to death without undue suffering). If you pause and step back for a moment and really think about that Keystone Kops operation - the State desperately searching for someone, anyone, to kill a man - it should give any rational person cause to reconsider the whole concept of capital punishment. I mean, is this really what we, as a society, want to be stooping to? Doesn't this bring home the absurdity of it all? It's not just bizarre, or unseemly, or embarrassing, not just macabre, it's simply uncivilized. But, that's just my humble opinion.
Ok, Sis, I'll wrap this up and post it now. Keep your chin up and a smile in your heart!
Love & Peace, Bill

Friday, March 03, 2006

Sunday Feb 26, 2006

Dear Sis~
The closing ceremony of the Winter Olympics is coming on TV shortly and I'll probably check it out. Truthfully, I've watched little of these Olympics; I just don't get too excited over the winter sports in general, which is probably a function of being a native of Miami...
I spent a long time on the phone this morning talking with my attorney - he went into the office today even though it's Sunday, in order to catch my call - as we hammered out the details for our reply to the State's response to our petition for writ of certiorari. Tomorrow, which is Monday, our reply absolutely must be in the mail, on its way to the US Supreme Court, hence this last-minute scramble to wrap it up. His secretary ( who also came in) was typing away as we spoke and he wrote down my own thoughts and ideas re our reply. I have an extremely sharp attorney - actually, he's brilliant - and he's passionate about my case, so I'm confident that our reply will be the best possible. After tomorrow, it will be out of our hands and up to the US Supreme Court to give us a yes or a no. My best estimate is that this will happen in late March...
It's interesting to watch the big brouhaha that's been unfolding about the contract which the company from the United Arab Emirates has purchased to run all of those ports on the Eastern Seaboard (including Miami). The issue has been totally politicized, not surprisingly, with all of the talking heads and elected officials yapping away, producing much political heat, while shedding very little rational light. The security implications are being way overblown, but there is one interesting question that ought to be answered, but which nobody has yet to ask: Why is President Bush so heavily invested in this particular company, above any and all other companies, receiving the contract? Why must it be this company? There's something odd about Bush's intransigence, about how he immediately dug his heels in - even before, or so now he claims, he was even advised of the decision (talk about revisionism!) - and declared that there is no way in the world that he will consider any other option. Bush has repeatedly declared that he is "totally convinced that this is absolutely the right decision." Why? Why couldn't some other domestic company do the job just as well? Why must it absolutely be this company? I've yet to hear that fundamental question be asked, or answered. But, I'm just a convict sitting in a cell; what the Hell do I know?

Love & Peace
Bill

Saturday, February 18, 2006

Feb 10, 2006

Dear Sis~
The weatherman claims we'll be getting snow tomorrow, so I won't be going to the yard for awhile. We don't get any kind of cold weather clothing here, so when it gets below 40 degrees or so, I stay inside. It's no fun to go out in those pajama-like uniforms (think medical scrubs and you've got the idea) to shiver in the sleet and snow...

Earlier today I was sitting on my bunk thumbing through my latest Architectural Digest when the wing officer came around and told us that we'd all be moving tomorrow. This is the only joint I've ever seen that does this: every 90 days (in reality it's about every 4-5 months) everybody on death row is randomly moved to a new cell. Supposedly there is a "security" justification for this. But I've never been able to discern how moving us around to new cells increases security. Maybe they think we're digging through the walls and they'll move us in mid-tunnel, thus thwarting an escape. Who knows? Anyway, it's a pain in the ass. I've gotta pack up all my stuff (and after 18 years I've got a lot of stuff!)and move into a new cell. Invariably, it will be dirty, sometimes absolutely filthy, so my first task is to scrub it down, washing the floor, and the walls as far as I can reach up (when I move into a cell that was occupied by a smoker the walls are covered in a yellowish grime). I scrub the sink & toilet, and hope that everything works (toilet, lights, electrical outlets). Then I put all my stuff away. It's a major project. The other things is I end up with new neighbors. We've got a couple of certified crazy guys here; they yell & bang & flood out all the time, so needless to say, I don't want to be around them. And I don't want to move into their empty cells, either (nobody does); one of the crazy guys occasionally rubs shit and/or food on his walls and floor and his cell stinks like a sewer. I've refused to move into his cell in the past (everyone refuses to follow after him) and even the guards don't press that issue 'cuz they know how bad he smells. Anyway, that's on my agenda tomorrow...
Recently I got a big packet of letters, all from a classroom of 16-year-old students at a school in Ireland. The instructor read some story about me on the Internet (I have not read the article but I understand it was run in Europe) and he had his students, as a class project, come up with a bunch of questions for me. So, each kid wrote me a short note, telling me his name (they're all male students) and asking me a few questions (e.g., "What is life on death row like?", or "Why did you try to free your friend from the prison van?", etc...). I sat down and answered all of their questions, finding it interesting that their teacher would even propose such a project. I cannot imagine an American teacher suggesting that his class write to someone on death row. These kids are very bright and they have a refreshing and different perspective on things, especially on capital punishment, very different than your typical American response which seems to accept the idea of killing (executing) people without questioning the underlying premise. In contrast, most Europeans are baffled by the concept of the State killing its own citizens. These kids, in particular, cannot understand how I remain sentenced to death even after the State conceded and the courts have held that I did not kill anyone and did not intend for anyone to die. Well, it puzzles me, too!
Okay, sis, it's way past midnight so I'm gonna hit the hay. I'll call you tomorrow if I can get hold of a phone.

Love & Peace,
Bill

Friday, January 13, 2006

January 7, 2006

Hey Sis~

I'm sitting here on my bunk watching my new little 5" TV; it's a real cheap, toy-like model, but it's the only one sold in the canteen so I've gotta go with what I've got. My old 5" Phillips Magnavox lasted 6 years before it finally gave up the ghost. It was an old, cathode-ray tube type TV, but the picture quality was excellent, much better than the new flimsy flat screen I've got now.

Anyway, I'm watching the Discovery Channel, which is showing The Blue Planet series (on the world's oceans), narrated by David Attenborough. It's a great series, very educational and guaranteed to fill a viewer with awe at the majesty of this planet and the elegant workings of Mother Nature. I've always had a deep fascination for the oceans and all of its creatures; as a teenager one of my career ambitions was to be a marine biologist. Of course, since we lived in Miami that wasn't very surprising, especially considering how much time you and I spent swimming in the ocean and playing on the beaches as kids. Actually, I think it was that early 1960's TV show Flipper (remember how we eagerly watched that program every week?) that first got me thinking about marine biology as a possible career choice. Of course, all that fell by the wayside due to my juvenile delinquency, my lack of vision & self discipline, Hell, my lack of good walking around sense...

Governor Warner, the out-going governor of Virginia here, finally (after 4 years of procrastination) signed an executive order to have the DNA tested in the Gary Coleman case. Coleman was executed here about 12 years ago, for the rape/murder of his sister-in-law. At the time, there were substantial doubts about his guilt, and in the interim, advances in DNA testing technology have created the opportunity for definitive testing of the evidence. The Commonwealth has, for many years, vigorously fought to have all the DNA evidence destroyed; they do not want these tests to proceed. The anti-death penalty people have, in turn, been fighting for years to have the testing done in the hope of establishing Coleman's innocence. The authorities actually succeeded in detroying the DNA evidence in Virginia but, to their chagrin, a sample exists in a private California lab, and that lab refused to send the DNA to the Virginia state crime lab for destruction. For 4 years Gov. Warner has dithered & equivocated about ordering the tests but now, on his way out the door, he's done so. If the tests do exonerate Coleman, Warner will have to answer for why he waited so long, and whether the true killer murdered any more people in the interim. And, of course, such an exoneration would certainly undermine confidence in the administration of the death penalty in Virginia, perhaps even leading to a moratorium (which is why pro-death penalty forces have so fiercely fought against this testing). We'll know in about 6 weeks ...

That's it for now, Sis!

Love & Peace, Bill

Tuesday, January 03, 2006

December 18, 2005

Dear Sis~
It's hard to believe that 2005 is already completing its trajectory and another Christmas is again upon us, even harder to accept that it's my 18th one on the row. My own perspective is animated by the competing tensions of being weary of so many dreary years inhabiting a cage, weighed against the appreciation of just being alive. In the end, life and hope wins out. Speaking of hope, I received my copy of my certiorari petition, which was filed in the US Supreme Court on December 5th. We're raising two (2) issues/questions regarding the constitutionality and propriety of the Florida Supreme Court's last decision in my case. My lawyers have done and excellent job in putting this petition together and if I don't get any relief it won't be for lack of effort by my long-suffering pro bono Milwaukee attorneys. Although my trial and direct appeal lawyers were incompetent bums (my direct appeal attorney, you may recall, was a mentally ill crack addict who, after being convicted of possession of crack cocaine, and being repeatedly committed to the mental hospital, was suspended from practicing law by the Florida Supreme Court. It was during that time that he botched my direct appeal). My post conviction Wisconsin lawyers have been excellent, fighting tooth and nail to save my life. In this respect I've been blessed because so many death row prisoners have no lawyers at all during their final years, or are saddled with inexperienced and/or incompetent attorneys. Anyway, I should know something by February or March, as to whether or not the supreme Court will agree to review my case.

Well, the quarterly lockdown officially ends tomorrow morning. On Friday, the flying goon squad rolled into our cellblock and tore up all of our cells. Some shakedowns are worse than others, depending upon the particular guards who happen to be in your cell. On Friday I had a bad crew; they dumped all of my property out on the floor in big heaps, pawing through it all, confiscating everything they could get away with taking. But that's just one of the realities of prison life. You learn to bear it and move on. At least here in Virginia, in this particular joint anyway, the guards are reasonably professional and they aren't mean spirited or cruel. At Florida State Prison it's a different story. There, the guards are positively gleeful as they throw your property onto he floor, stomping all over it, deliberately breaking stuff, ripping up photos or legal property, stealing your valuables. They act like their entire purpose in life is to be as sadistic as possible. The difference between here and there is like day and night. Anyway, tomorrow I can once again get out into the "yard" (i.e., fenced-in dog runs) to pace for a couple of hours, and feed the birds (after two weeks of no bread they're probably pretty damn hungry. It's been very cold, and wet, which makes their foraging difficult). I've got a stack of stale bread for the sparrows and two hotdogs for the crows (they love those hot dogs!).

That's it for now, Sis. Enjoy the holidays and give the doggies a hug for me.

Love & Peace,
Bill

Wednesday, December 21, 2005

December 7, 2005 - Pearl Harbor Day

Dear Sis~

Pearl Harbor Day has rolled around again, except nowadays it's an amicable invasion of Hondas & Toyotas, Sonys & Mitsubishis, Panasonics & Nissans. Ford and General Motors are lurching toward bankruptcy, fatally wounded by a decades-long lack of corporate vision and leadership at the top, combined with onerous, myopic union intransigence from below. Bad combination! The Japanese simply offer better products at better prices, and as Adam Smith would say, the power of the free marketplace does the rest. Corporate Darwinism in action ...

We went on "quarterly lockdown" on Monday, where we will remain for the next two-three weeks. The entire prison is confined to their cells while roving groups of guards, accompanied by the K-9 drug-sniffing units, go from cellblock to cellblock (or from pod to pod; in the "new school" prison system they are called "pods" instead of cellblocks) searching (tearing up) our cells looking for "contraband" and/or any other "excess property." This is really an opportunity for al the guards to earn lots of overtime pay; just in time to pay for all the Christmas stuff they'll be buying. We always have a lockdown in early December, just before Christmas...

Outside we've got a light dusting of snow; earlier today I was looking out through my horizontal slit window (5' wide and 4 feet long), watching the crows strut around on the ground, occasionally pecking at the snow. They're probably pissed that I haven't been showing p in the yard to feed them their hot dogs, sausages and Bologna. For the next few weeks, they're on their own ...

I read and enjoyed the notes posted to my blog from one of the "dcdramagrrls" (I love their little visual icon, the picture of that saucy red-headed gal sliding seductively down the fireman's pole. That woman had some serious curves!) I'm glad they were fighting to help Rob Lovitt. Speaking of Rob, they brought him back from Greensville and put him in the cellblock next door, in administrative confinement, with the other non-death row prisoners, pending his classification to his permanent prison. On my last day out in the yard, last Sunday, I got to holler at him. His new cell looks down on the yards, the same yards he'd been pacing in for the last 5 years. Now he's on the "other side", among the "living" (i.e., non-death row prisoners) looking out at us. Talk about a dramatic turnaround! That's what each one of us hopes for in our own cases ... that someday, somehow, fate, luck and circumstances will converge to kick us off death row and into general population where we can exhale and try to live a normal life (normal by chain gang standards, anyway). Unfortunately in Virginia, very, very few of us will actually realize that dream. The mortality rate for this state's death row is, by far, the highest in the nation. If you come to the row in Virginia, you willl be executed ...

On that somber note I'll close this up and post it.
Love & Peace
Bill

Sunday, December 04, 2005

November 29, 2005

Dear Sis~
Just moments ago the local evening newscaster reported that our out-going governor, Mark Warner, just granted clemency for Rob Lovitt, who was scheduled to die tomorrow. This is the first clemency granted here in Virginia in my 6+ years here, and I think there's only been one other in the last 20 years or so. Governor Warner based his clemency decision, he said, upon the fact that the clerk had destroyed all of the evidence (including possibly exculpatory DNA evidence) immediately following Rob's trial, in violation of a state law which specifically mandates the continued preservation of all evidence in all capitol cases, until the death sentence is carried out. I was surprised Warner actually had the fortitude to do this. This year, 2005, will now prove to be the first full calendar year in Virginia in which no execution took place, in decades. Usually Virginia executes 5-12 people per year. So this is a milestone (it is now too late to sign a death warrant and get an execution date before 2005 ends). Hopefully, this is a good omen. But, the reality is that out of the 22 guys here on the row, about 6 of them are very close to exhausting their legal remedies and will probably be executed in 2006. I know these six guys very well (one of them is crazy as a bed bug; another is borderline retarded), and it will be depressing and discouraging for me to watch them get chained up and hustled off to Greensville where they'll be put down like unwanted stray dogs. It's not just discouraging because I'm watching people I know be executed, but also because, in this day and age, our society still views the killing of its citizens as a viable and acceptable solution. We've become so inured to killing that few people even question the underlying premise, instead accepting it as the natural order of things. Every time I watch a guy get escorted from here to Greenville it represents another failure in the imagination (not to mention the compassion) of our society. Really, shouldn't we be better than this?

The seagulls have arrived for the winter and they're chasing of all the other birds. If I throw bread out there to the little birds the seagulls, always swooping overhead, zoom in and snatch the bread. Then they all fight each other for it. In every prison I've ever been in, swarms of seagulls arrive each Winter and stay until Spring. They feed at the prison dump and from handouts from prisoners. Come Spring they disappear, presumably back to the seashore. They come and go like clockwork every year. Now, I leave the bread inside our fenced cages and the sparrows eat it after we leave. They gulls can't get into the cages so the sparrows can eat in safety.

Well, I've got a backlog of legal reading and work to knock out so this will be short, Sis. Keep your chin up, and give the puppy a hug for me.

Love & peace, Bill

Thursday, December 01, 2005

November 22, 2005 - 42 years ago today....

Dear Sis

I awoke this morning and instantly recalled that today is the anniversary (the 42nd) of President Kennedy's assassination in Dallas. Like anyone else who is old enough to recall that day I can, with vivid clarity, remember where I was (elementary school) and what I was doing (talking with a cute little pigtail wearing girl whom I had a crush on) when I heard the news. Still, it's strange that the date is always on my mind. Each year, as that date approaches, I become increasingly aware of it, until I wake up, on the 22nd, with it on my mind. The only other date that strikes me in that same manner is December 7th, Pearl Harbor Day. For some reason it is indelibly etched into my memory and consciousness (probably the result of too many years spent reading history books in too many cells).

Rob Lovitt, who is scheduled to be executed on November 30th, has a clemency petition pending before Gov. Warner. Warner leaves office in January, and he had higher political ambitions (he's made no secret of his desire to run for President). Anyway, Rob has a lot of people in his corner, including politicians and members of the legal community from both sides of the political aisle. It's occurred to me that Warner cannot get much grief from the Republican right if he grants clemency inasmuch as Kenneth Starr, a hero of the right, is Rob's attorney and is pushing for clemency. Having Starr in the picture gives Warner the political cover he needs (or thinks he needs) to grant clemency. I mean, if Starr is for clemency, how can anyone else complain too loudly? Still, Warner has not granted anyone clemency in the four years he's been governor, so I have no real reason to believe he'll start now. He's a political animal and any clemency decision he makes will be based upon raw political considerations. It's an ugly thing to see a man's life depend upon how the political winds are blowing. A man's life - and his death - should be weighed against something more basic, more rudimentary, more honest than mere politics, don't you think?

Tomorrow is a regular yard day; we only go out to yard 4 days a week now. (Yard is a misnomer, it's just a series of individual, one-man dog runs, like a kennel, each one about the size of our cells). I'll go out with my 6 or 8 slices of stale bread, along with the occasional pancake or chunk of cornbread, and feed the birds. There's a big crew of boisterous sparrows who wait on me (sometimes rather impatiently). But, off in the woods, there's a murder of crows who also wait on me. For the last month or two I've been tossing out hot dogs, and slices of that really nasty sliced meat (spoiled Bologna or rotten turkey ham) we get for lunch each day. There's one huge crow, presumably the head honcho male, and about 5 smaller ones (probably females or young males). The big guy is bold; when he lands by our cages he struts around (the sparrows hide, of course), and cocks his head to inspect us and the ground, littered with bread. When I first go out there, if I've got some meat, I'll call the crows from the woods. They recognize my CAW! CAW! CAW! and they fly over. When the male sees the hot dog he'll swoop in and snatch it up in his beak, then fly off, beating his wings as he struggles with the weight and size of that hot dog. He's got incredible vision - he can spot the hotdog in the grass from 300 yards away - and he swoops in like a ghost. Occasionally he'll land, inspect the hot dog, than caw at me, like he's thanking me for the meal. One thing I know, he recognizes my calls and knows it means "chow time!" Then he flys off and shares the meat with some of the other crows.

Today I watched Pres Bush pardon two Thanksgiving Day turkeys, as every president traditionally does each year. The irony was thick; while governor of Texas he executed more people than any governor in history, and clemency was the farthest thing from his mind. So, it's kill the humans! But save the turkeys! What's wrong with this picture? (Speaking of which, when was the last time you heard Bush use that oxymoronic phrase "compassionate conservativism" that he used to get elected? The "compassion" is gone with the wind).

Time to go, Sis. Give the doggies a hug for me, and keep your mind in positive gear!

Love and Peace, Bill

Sunday, November 20, 2005

November 15, 2005

Dear Sis ~

Well, the gubernatorial election is over here in Virginia. The Democrat (and Lt. Governor) Tim Kaine defeated the Republican (and attorney general) Jerry Kilgore, which was a little surprising inasmuch as Virginia is solidly conservative and Republican. But Kilgore turned off the public with his relentlessly negative TV ads. All of his ads dealt with just one issue, the death penalty. Over and over and over all Kilgore spoke about was his promise to execute more people, and to do it faster. His vow to eliminate appeals and speed up executions was particularly pointless in view of the fact that Virginia already leads the nation, by a substantial margin, in the speed with which it carries out executions. The average death row stay here is about 4 1/2 years; the next fastest state is about 7 years, with most states averaging 10 years or more. Anyway, all Kilgore spoke about was him promise to expand the use of capital punishment, and his dire warnings that his opponent, Tim Kaine, "cannot be trusted to carry out executions." He based these statements on the fact that, in the past, Kaine suggested Virginia should consider a moratorium on the death penalty until certain legal problems can be straightened out (like the investigation into the state crime laboratory which has already uncovered fabricated DNA results). Kaine countered with a TV ad stating that while his Catholic faith leads him to consider all life to be sacred, and that he does not personally believe in capital punishment, he would do his duty as Governor and would not interfere with executions. Kaine, unlike Kilgore, also spoke about the real issues which the citizens were concerned with (taxes, education, roads and bridges, the environment, the budget). The fact that conservative Virginians voted in Kaine, despite his decidedly lukewarm support for executions, reflects an important shift in the voters' mentality, in my opinion. It sends a message to politicians that they don't have to be a mad dog killer to get elected (and that it takes more than just spouting pro-death penalty slogans to win over the voters), and that prospective politicians don't have to fear showing a little compassion and common sense. Like most folks, I don't have a very high opinion of most politicians, but Tim Kaine appears to be a genuinely decent guy, and I expect he will be an excellent Governor. And maybe, just maybe, he'll do something to correct and slow down the death penalty train in this state...

Love & Peace,
Bill

Wednesday, November 09, 2005

Nov 5, 2005 - Rob Lovitt's execution date reset.

Dear Sis~
A death warrant has been signed for Rob Lovitt; his execution date is set for November 30th. You may recall that about 4 months ago, a few hours before his execution, Rob received a last minute stay of execution from the US Supreme Court. The Court had just gone into its regular 3-month summer recess and a single Justice granted Rob a temporary stay until the Court reconvened in October. At that time the Court would decide whether to actually hear his case (this is the case where the clerk of the court deliberately destroyed all of the evidence right after Rob's trial). Well, when the Court reconvened last month they entered an order declining to hear his case and dissolving the stay of execution. So, right now there's nothing standing between Rob and the executiuoner, other than the exceptionally slim possibility that Governor Warner might grant him clemency. Warner has not granted anyone clemency during his four years in office, and there were several deserving cases during that time, so I have no reason to believe that he'll do anything different with Rob. Still, there's a gubernatorial election next Tuesday, and Warner, who by law cannot run again, is on his way out. He'll still technically be governor on november 30th, when Rob is scheduled to die, but the new governor will already be elected, though not sworn in. So, for Warner, there would be no political downside if he chose to grant clemency on his way out the door. On the other hand, it's well known that Warner has higher political ambitions, including the White House. So, I can't see him doing it, not in this day and age when it's political suicide (or so politicians think) to do anything that will allow a future opponent to label them as "soft on crime."

You know, the odd thing about clemency is that in the old days, back in the 1930's, 40's and 50's, governors commonly granted clemency. Democrats and Republicans both, even in the conservative deep south, were not afraid to exercise their executive clemency powers. When you go through the records you're surprised at how often clemency was granted, and by whom. The governors took their responsibility seriously, recognizing their role as the final check against injustice, and they were not cowed by a perceived public clamor for execution. The general public, in fact, was much less bloodthirsty, and considerably more understanding and compassionate than today's public. Nowadays everyone howls for blood, drowning out the few voices calling for compassion and mercy (Shakespeare declared that "mercy is nobility's true badge"). This nation was born in, and forged by, violence and blood, so I guess our proclivity for carnage, our yearning for bloodletting, should not surprise me.

Well, tonight I enjoyed watching the Miami Hurricanes (ranked #5 in the nation) defeat Virginia Tech (ranked #3) in Blacksburg, Virginia. All of the ESPN commentators had, up until the game, blithely assumed that Virginia Tech would win, and were loudly presuming that Virginia Tech would finish the season undefeated and possibly contend for the national title against USC. Well, the Hurricanes completely dominated Virginia Tech, handing them a first class ass whipping. When the new poll comes out on Monday, Miami will probably be ranked #3 and now they have a shot at the title game, if either USC or Texas loses one of their remaining games.

Alright, Sis, it's way past midnight and I'm gonna hit the hay. Give little Harley a pat on the head and a tummy rub! He's a great looking little puppy and you're lucky to have him!
Love & Peace,
Bill

*******************************
Comment from Bill's sister:
Tim Kaine, Democrat, was elected Governor of Commonwealth of Virginia yesterday.

Saturday, October 29, 2005

October 24, 2005 - Duly Inspected

Dear Sis

Well, I feel so much better now because I've been duly inspected! A large group of visitors (some politicians, some prosecutors and a handful of prison inspectors, escorted by a raft of high-ranking prison guards) just passed through our cellblock, touring the central dayroom, pausing to peek into our cells. Being on death row you quickly become acclimated to such tour groups coming through, but I never lose the feeling of being an animal in a cage, like the monkey house at the zoo, with curious visitors pointing at you, staring at you, whispering among themselves. In Florida, we'd get about two tours a week; often they were college kids from the nearby University of Florida at Gainsville, male and female, either criminal justice majors or law school students. Invariably, they just pour out onto the wing, without prior notice or warning, trooping by the cells while some escorting guard gives them a running commentary on who is in the cell, what he did to get on death row, etc... On more than one occasion I (as well as others) have been on the toilet, only to look up and see a tour group walking by, staring in at me on the toilet. Sometimes it's embarrassing, other times it's enraging. Normally I mind my own business and basically ignore the visitors, but I've been caught on the toilet before and been in a bad enough mood to hurl a few choice obscenities at them. Living in a cell is like existing in a fishbowl - you've got zero privacy.

For the last month or so I've been watching the media-induced hysteria over the avian (bird) flu and the possibility of a deadly pandemic sweeping the world and killing millions and millions. While I don't discount the theoretical danger of a pandemic popping up one day (it's happened repeatedly throughout history) it's important to separate fact from fiction. The fact is that this avian flu is in fact a deadly threat - to birds ! The disease is spread from bird to bird and only occasionally (and only following extended intimate contact) from bird to human. In order to become a pandemic the virus will have to mutate to a different form that can be spread from human to human. While this mutation is theoretically possible, the fact is that it has not happened yet. There isn't a single case of human to human transmission yet. As long as the virus remains a bird-to-bird virus, with only an occasional bird-to-human virus, there can be no pandemic. Everything else is hysteria, and the media is blindly fanning these flames. It's all part of the post-9/11 trend to encourage citizens to live in fear. Our government (aided by our sensationalism-driven media) relentlessly promotes fear in our society, convincing the gullible to live in a constant state of fear. Either fear of terrorism, or crime, or disease - whatever is convenient. Just be afraid! And once you choose to live in fear, you've ceded to the government the responsibility to take care of you. This is exactly what the government (this administration in particular) wants: "Be afraid! Live in fear! Only the government can protect you! Give up your civil rights and freedoms so the government can protect you from the evils of the world! "More and more, this country is becoming a nation of sheep, incapable of thinking on their own, a society of trembling cowards. It's discouraging to watch this transition occur before my eyes in the span of a handful of years...

Alright, Sis, I'm outta here. It's time for me to hit the hay. I'll call you soon. Meanwhile, give the puppy a tummy rub for me!

Love & Peace,
Bill

Tuesday, October 18, 2005

October 3rd 2005

Dear Sis

I was reading my USA Today as I do every evening, when I saw a little advertisement (for lack of a better word), or notice (a more appropriate term) from the National Center for Missing & Exploited Children. They run these every day/issue, in the back of the Life Section along with a photo of a missing child, listing the child's name, age, description and where they're missing from. I see these notices every day and they are always heartbreaking. I hate looking at them, 'cuz each one represents some lost kid, and you know that a certain number of them have been murdered. Occasionally I'll stare at one of the pictures, wondering what could have happened to the child, wondering if he or she is alive, or possibly being held somewhere, in some basement or a cage, under imaginable conditions. There are so many missing, and you wonder, where could they all be? It's a sad commentary on our society.

I'm sitting here on my bunk, half-watching the Monday Night Football game (Carolina is beating Green Bay pretty convincingly and another of those interminable drug commercials just went off the air. It's all part of the inexorable medicalization of America, with the huge, multi-billion dollar pharmaceutical companies bombarding us with slick commercials attempting to convince everyone that they are suffering from some sort of medical malady (real or imagined) and that the only solution is to ask your doctor for a prescription for the comany's miracle drug. When you watch these commercials and pay attention to what is being said (and implied) it is almost comical. But the results are a matter of record as more and more Americans march to their doctors, after self-diagnosing themselves based upon these ads, and demand to receive the prescription. It's all a very well organized and orchestrated game plan by the drug companies to convince us that drugs are the answer to all that ails us. I'm old enough to remember when drug companies were prohibited from advertising prescription drugs on TV, but the drug companies successfully lobbied congress and the FDA to repeal those prohibitions and now the drug copanies spend millions and millions on advertising. And there's a direct correlation between the increase in advertising and the increase in prescriptions, and the BIG increase in profits for the companies. The profit margin for the big pharmaceutical companies is staggering.

Alright, Sis, I'm gonna kick back and watch the rest of the game. (I think we're watching Brett Favre's swan song this year. He needs to seriously consider retiring, I think). Give the puppy a tummy rub for me!

Love & Peace,
Bill

Tuesday, October 04, 2005

Sept 25, 2005 - Hurricane Rita winding down...

Dear Sis~

Hurricane Rita has pretty much played itself out and from what I'm seeing on my little 5" TV, the damage was considerably less than anticipated. Still, if you are one of the victims who has lost all of his/her property, or the house, or a loved one, there is no consolation in the storm's reduced fury, nor any wisdom in the old adage that pain, disappointment and conflict are just the universe's conduit to life's reality... Stepping back to look at the bigger picture, with the increase in the number and severity of hurricanes in general, it is clear to me that global warming is definitely a contributing factor. Whether mankind's actions are behind global warming or whether it is just some sort of normal, cyclical thing may be debatable, (though in my mind the issue is settled; we are screwing this planet up!) but the reality of global warming is not debatable. We'd better get used to more hurricanes like Katrina, because they're coming.

Remember when we were kids in Miami and we rode out (and played outdoors in)hurricanes? I remember especially Hurricane Donna in 1960 and Betsy in 1965, because they were so powerful and they hit Miami squarely. Still, I played outdoors during both (yeah, I was always doing stupid stuff, wasn't I?) Now, can you imagine what the result will be when a Katrina-sized storm hits Miami Beach and Miami head on? It will be catastrophic, especially on Miami Beach, where no point of land is higher than 10 feet above sea level. Hurricane Andrew was bad, but lots of folks don't understand that the main brunt of Andrew hit Homestead and Florida City, 25 miles south of Miami. If it had hit 25-30 miles farther north, it would have been twice as worse. And one day, that will happen.

I'm not much of a TV watcher; usually I check out the news and Discovery Channel, and an ocassional movie. But being in a cell 24 hours a day, well, I watch more TV than I otherwise would. Anyway, I decided to check out some of the new TV drama series which are making their premiers and I was universally disappointed, even disgusted, at how so many of them were police/detective shows which involve the most despicable and outrageous criminals/ suspects conceivable. In particular, these shows feature female victims (usually kidnapped) who are horribly tortured and murdered. Then the graphic details are featured in the program. One new show is called Killer Instinct and it is representative. It features shallow, wooden characters mouthing lousy dialogue, plodding along through predictable plot scenarios. The common denominators are always unbelievably psychotic torturers/killers who dismember, rape and torture female victims. The unspoken (and none too subtle) message is that maniacs lurk everywhere, and that your typical criminal is a psychopathic murderer who must be hunted down and shot dead by the hero police who are handicapped by their scrupulous adherence to the criminals' constitutional rights and the "liberal judges" who seemingly live for nothing else except to release obviously guilty murderers on legal hyper-technicalities. And when the cops "bend the rules" by beating confessions out of suspects or fabricating evidence, the suspect is always obviously guilty so as to reinforce that the ends justify the means. I've yet to see one of these shows (like NYPD Blue or Law and Order) where they arrest the wrong guy and then beat a false confession out of him or fabricate false testimony, as happens in the real world. But besides that, what really bothers me about these new shows is their focus on graphically showing women being tortured and maimed and murdered, over and over and over. There's a real sickness to it, and I wonder who patronizes these brainless shows. It says something about us as a society when every night on every channel the 3 major networks feature such mind-dead tripe which caters only to our basest instincts. It's sad and disappointing.

OK, Sis, enough babbling for now...Keep your chin up and a smile on your face!

Love & Peace,
Bill

Saturday, September 10, 2005

Sept 4, 2005 Katrina's devestation

Dear Sis

I've been hip-deep in legal work and I've neglected to write. Now every TV station is broadcasting the heartbreaking scenes of devestation from New Orleans and the Mississippi coast caused by Hurricane Katrina, like postcard-style vignettes of life in Hell. There's a number of lessons to be taken away from this entire sad episode, not the least of which is how thin the veneer of civilization really is. When the shit really hits the fan and push comes to shove, the primal urge to survive becomes paramount and many people devolve to savagery. When the normal structure & control suddenly and utterly disappears (i.e., when there's no police, no recognized authority) there's a paradigm shift in people's mentality as they realize that all bets are off. You become acutely aware of the evanescence of civility as social organization is instantly replaced with chaos.

I experienced this in 1973 while at Sumter Correctional Institution when I was at the center (literally) of a race riot which, like a fingersnap, exploded all around me. In one instant, everything went from peace & order to total war (I was in the gym, which was packed with about 500 inmates, watching the weekly movie). The prison guards (all white) who normally stood around, representing authority and maintaining the boundaries with their mere presence, were suddenly being beaten to the ground by the black prisoners, and all of the blacks instantly turned and attacked all of the whites. It was well organized and choreographed, and a real surprise. It's hard to describe how such a sudden and massive change in the normal "order" of your life hits you like a shift in reality. For my own part, I immediately picked up the steel folding chair I was sitting in & began attacking those attacking me. I became a savage in a heartbeat (those who didn't think as fast, who hesitated or stood around in shock, got stomped & beaten to the ground). Anyway, I saw that same thing in New Orleans. You can believe that there are a lot of horror stories yet to be told about things that have happened in New Orleans during the last week (I'm referring to humans attacking humans, predators seeking out & killing and attacking innocent civilians). Which brings me to the second lesson to take away from this: When the shit really hits the fan, your survival depends upon yourself. Waiting for the government to come and save you is not a plan. It's up to you, your own wits, strength and intelligence. What you're seeing in New Orleans (as far as the social chaos) could happen in any American city if there is some sort of disaster (natural or man-made) which completely dislocates the social fabric. Most of us know this, but it doesn't really sink in until you see it in action, like in New Orleans. So, you don't have to be a paranoid "survivalist" to embrace the idea of being prepared for emergencies (extra food, water, fuel, etc...)

You can believe there'll be lots of finger-pointing and blaming when this is all over (it's already started). I was amazed to see numerous officials, including the FEMA Director, go on TV and claim that the magnitude of the destruction could not have been anticipated. Hell, scientists and environmentalists have been yelling about this for years. It's been predicted over & over & over. About 2 years ago I watched a program on the Discovery Channel where they used computer models & animation to show what a direct hit on New Orleans by a category 4 or 5 hurricane would do (it would flood and devestate the city). Everything thay showed came to pass with Katrina. The fact is that politicians chose to ignore those warnings, claiming it was just "paranoid tree-huggers" out to scare the public. Those politicians should now be held accountable (but, of course, they won't be). The citizens themselves must share the blame. This is a nation whose sole obsession appears to be cutting taxes to the bare-bones minimum. There's no money to build adequate dykes, levees and flood walls, or to help build up the buffering marshland through reclamation projects. The technology exists (and has long existed) to prevent this disaster (just ask the Dutch, masters at keeping the sea at bay), but the political will has been non-existent. Now the chickens have come home to roost. And, as usual, it is the poor and underprivileged and elderly who paid the price, with their lives in many cases...

Gotta go, Sis. It's time for yard.

Love & Peace,
Bill

Friday, September 02, 2005

August 21, 2005 Discovery Lands!

Dear Sis~

I just watched the space shuttle Discovery return to Cape Canaveral riding piggyback on a Boeing 747. I'm always amazed at that sight, a big old 747 flying with a space shuttle strapped to its back. Who would imagine that that combo would even fly? It took a ballsy engineer to propose that solution to the problem of transporting the shuttle fleet around the country. Can you picture that discussion...a group of areospace engineers sitting around a conference table, trading ideas, and one of them speaks up and says, "Hey, let's just strap that baby onto the back of a 747 and fly it from California to Florida!" And damned if it doesn't work!

A couple of weeks ago Justice John Paul Stevens, who sits on the US Supreme Court, gave a speech to the American Bar Association wherein he was very critical of the death penalty process in America. As a general rule, Supreme Court Justices are very careful and measured with their public statements (in fact, they don't often give speeches or make public statements) and they often use such statements to signal shifts in the Court's thinking. It's sort of like with Alan Greenspan, the chairman of the Federal Reserve Board, whose cryptic statements about the nation's financial health are scrutinized like tea leaves by everybody in the financial markets, as they try to discern the hidden meanings of his often enigmatic utterances. Justice O'Connor, for example, during the last several years, went out of her way to make public statements about the abysmal quality of attorneys in most capital cases. (In one speech she basically stated that she'd never seen competent trial counsel in any of the capital cases that had come before the Supreme Court during the 20+ years she was on the bench). Statements like that were significant coming from her because she was a conservative Justice. And, significantly, Justice O'Connor was a key voter in several recent important decisions regarding standards governing the competence of counsel. Anyway, it might be wishful thinking, but I'd like to believe that Justice Stevens' recent stinging criticisms of capital punishment herald some coming favorable decisions. Justice Stevens, by the way, is one of the best Justices on the bench; he's brilliant, fair, judicious and humane. At any rate, there are several capital cases now pending before the Supreme Court which will provide excellent vehicles for the Court to comment on the shortcomings of the death penalty process, if the Court chooses to do so. There's a powerful capital case out of Tennessee, House vs. Bell, involving the issue of "actual innocence", and of course, there is Rob's case (the guy upstairs). And, hopefully, there will also be my own case after October.

Alright, Sis, it's almost time for yard so I'm gonna wrap this up. I'll call you next weekend & you can tell me if you've adopted one of those little lab puppies!
Love & Peace,
Bill

Friday, August 19, 2005

August 13, 2005 Architectural monuments

Dear Sis~

I'm watching a program on the Discovery Channel about the building of an ultra-modern cable-stay bridge across the Charleston River in South Carolina. The bridge, now completed, is the longest cable-stay bridge in the United States, and it replaces and dwarfs two very old steel girder spans. Cable-stay bridges are the latest engineering rave; they're elegant, beautiful and very strong. Ever since I was a child I've been utterly fascinated with all types of very large construction projects (dams, bridges, skyscrapers, tunnels)and especially drawn to old stone block structures (cathedrals, castles, aqueducts, amphitheatres, bridges, buildings). Growing up, my dream was to be a civil engineer or architect because I so wanted to design and build immense structures. This desire, or interest, has always been innate and very powerful; it's just in my blood. I believe that in a past life or lives I built such structures. When I was in Italy in 1971 I used to walk the streets of Rome, Florence and other old cities (like Palermo, in Sicily) late at night, all by myself, marveling at the large and ancient structures. Rome, especially, drew me like a moth to a flame. Late at night I'd walk through the Coliseum (beautifully lit up at night) and I'd press myself against the large, cool stone blocks, as if I could go back and relive the construction. I always felt a strong urge to touch, feel and trace the contours of ancient stones and bricks. I was really at home in St. Peter's Cathedral (a basilica, actually) where you can overdose on the immense carved stonework, mostly highly polished marble, shiny as glass, and in surprising colors and hues. I was just as drawn to the engineering behind such beautiful buildings and structures, the nuts and bolts issues of how such structures were designed and built. The huge, ancient stone block aqueducts running from Rome to the water sources in the hills amazed me -a remarkable combination of form and function, and a very impressive engineering feat. The Roman-built aqueducts, some over 2,000 years old, still stretch hundreds of miles all across Europe and North Africa...Anyway, Sis, this new bridge at Charleston is a fine work of modern engineering. Still, if it lasts one-tenth as long as the Roman Coliseum, it will be surprising...

I've gotta get back to work, Sis (I'm deep into a stack of US Supreme Court decisions) so I'll mail this off with a hug. Just 34 days until our visit!

Love & Peace Bill

Tuesday, August 09, 2005

August 4, 2005

Dear Sis
I got a haircut this morning, certainly the worst in my life. Mine was the first hair that this guy - a fellow death row prisoner - had ever cut, and it shows! Rob, our regular barber, lost his barber job when they first signed his death warrant several months ago, and so they made this guy a barber. Anyway, I've got about six weeks until our visit which should be sufficient time for my hair to grow enough to eliminate the laugh factor.

In my August 2nd USA Today there was a story about a guy who was freed form prison after 17 years, after new DNA testing showed that he was not guilty. This is an unexceptional story; I read similar stories about once a week & I've been reading them for many years. Then in tonight's USA Today there's a story about Luis Diaz, from Miami, freed after 26 years in prison following DNA tests proving that he was not the infamous "Bird Road Rapist." I know Luis (not real well, though) and I remember the case very well. In the late 70's the "Bird Road Rapist" was terrorizing Bird Road, in Miami/Coral Gables, and there was tremendous pressure on the police to arrest somebody. Being that Bird Road is in our old neighborhood I followed the case from my pre-death row cell. When they finally arrested Luis, they trumpeted the news and assured the public that they had the right man, even though they had no physical evidence against him. All of the cases were based upon "positive ID's" by victims, and those ID's were induced by/via hokey police procedures. Even back then, in 1979-80, I sensed that it was a very suspect case, but the railroad train was already barreling down the tracks. Diaz ended up with at least 7 life sentences (his sentencing judge, Judge Durant, famously told Diaz from the bench that "in all my years as a judge I have never seen such overwhelming evidence of guilt." That was an absurd statement at the time, but Judge Duran was playing to the audience). Years later, two of the victims recanted their identifications and those two convictions were subsequently reversed. But that left him with five life sentences. Finally, Barry Scheck and his Innocence Project got involved. The State vigorously fought any DNA testing, naturally. Now, after 26 years Diaz is finally free (they ran this story on ABC World News last night, too).

Anyway, I cut out both articles & mailed them to my lawyer, explaining that they are representative of articles I see almost daily. The central issue in my soon-to-be-filed certiorari petition involves DNA testing of the blood evidence. And, last month, the US Supreme Court agreed to hear a Tennessee death row case where the issue involves post-conviction DNA testing. It appears that the Supreme Court, in this Tennessee case, is prepared to make a major decision regarding the importance of post-conviction DNA testing. My case is right on its heels, so I want my attorney, in our cert petition, to use available statistics to back up and emphasize our point that such DNA exonerations are routine nowadays. I want to stress the usefulness and necessity for DNA testing, to counter the Florida Supreme Court's holding in my case that DNA evidence proving I was not the triggerman would not have made any difference to my jury and judge. In essence, I want our cert petition, at least in part, to be a referendum on the whole issue of post-conviction DNA testing. My cert is due on or around October 15th...

That's it for now, Sis. Give Keesha a pat on the head for me!

Love & peace,
Bill

Wednesday, August 03, 2005

July 28, 2005

Dear Sis

It's Thursday morning & canteen has just been passed out. Everyone is up and a faint buzz of excitement permeates the celllblock as each of us paws through our bags of goodies. Of course, the food items are mostly junk - moon pies, honey buns, cookies, candy bars - typical of jails and prisons everywhere. I indulge in the junk occasionally but my taste runs more toward the few nutritious items available: peanuts, tuna fish, sardines, beef jerky, chicken (comes in a plastic/vinyl bag).When your entire life is restricted to a cell and the things you can do or enjoy are compressed to a few meager activities (yard, showers, canteen, mail call and meals) and each thing takes on an over-sized importance and you find yourself anticipating each event with a disproportionate enthusiasm that would probably appear comical to an objective observer. That's how it is when your whole world is contained in a 6' x 8' box (actually, these Virginia D/R cells are about 7' x 12', which is very roomy by prison standards).

Tomorrow morning is one of our regular yard days (if it doesn't get cancelled for some reason or another, which often happens). I'll go out and pace for 2 hours, soaking up the sun and talking with my neighbor, Bill (the ex-U.S. Army Military Intelligence Colonel). He's a very sharp, astute guy and we have many extensive & fascinating conversations. He was stationed in Europe (mostly Germany) for many years, as well as in South Korea. Stateside he worked in the Pentagon and with security details from the U.S. Capitol Building (mostly the U.S. Senate) on electronic countermeasures (i.e., looking for bugs, his specialty). You may recall that I wrote to you about him & his case once before. I've been living next door to him for about 2 years & I'm privy to all his legal filings & his case in general, and I have to tell you that I'm about 90% certain that Bill is totally innocent, and that he was flat out framed. I don't say this lightly; in my 17 years on the row & 30+ years in prison doing legal work & working on guys' cases I've only encountered a few death row cases where I was convinced that the guy was totally innocent. Bill's case is one that deserves to be profiled on 20/20 or 24 hours because it's got everything: sex (a love triangle) crooked cops, crooked prosecutors, fabricated (and destroyed) evidence, all converging to put a well-respected military intelligence officer on death row. I believe the truth will come out (it already is coming out), mainly because he's fortunate enough to have a top-flight legal firm out of Seattle on his case (Bill Gates' father's law firm) and they're digging up all the dirt. There is insufficient space here (and this isn't the place, really) for me to spell out all the sordid details, but you mark my words, you'll be hearing about this case down the line, and if there's any justice a couple of detectives & prosecutors will go to jail (that's hoping for too much, though).

Anyway, tomorrow when I go to the yard I'll take about 10 slices of bread with me (I save it up) to feed the birds. I've got a flock of them that wait for me to show up. I whistle a certain tune and they all fly over (they know that whistle means FOOD!.) If I'm late to the yard they're often there waiting for me, chirping angrily as if to say "Where the Hell have you been with our food?!" Sometimes I feed them pancakes, waffles of French Toast, but they like the straight bread the most. They're mostly little sparrows, with an occasional odd bird, but when the local crows (there's 4 or 5 huge ones that hang around here) show up on the scene, the little birds haul ass. Those crows land on the ground and strut; they know they're the top dog in the yard. I like to caw at them, cuz' often they'll caw back at me (too bad I don't know what I'm saying in crow talk!)

Alright, Sis, lunch is here (probably baloney today) so I'm going to wrap this up. Keep your chin up! I'll be calling you this weekend.

Love & Peace,
Bill

Monday, July 25, 2005

July 21, 2005

Dear Sis

I'm sitting on my bunk with my little 5" TV, watching "Shark Week" on the Discovery Channel. They're showing the jumping Great Whites off of Seal Island, off the coast of South Africa. It's amazing to see such large, bulky animals move so fast & maneuver so quickly, turning around in mid-air as they chase those hapless little baby seals. I'm pleased that programs like this, and the whole "shark week" trip, have enlightened the public so much. I can remeber, as a kid in the 1960's, how sharks were universally feared and hated, and everyone thought that the best sharks were dead sharks. Now, more & nore people understand how important sharks are, ecologically speaking, and how they play an integral part in the balance of nature. And, we've learned that sharks are not mindless killers & that they don't hunt humans. When a shark bites a human it is most often accidental and/or incidental. What's really amazing, given the number of sharks and number of people in the waters, is how rare shark attacks are, which in itself tells you that sharks normally avoid people. One of the better programs, or episodes, in "shark week" is one where these divers intentionally go out and dive, withut a shark cage, with great white sharks. Some of the divers even "ride" an occasional great white by grabbing the dorsal fin. To see those immense sharks cruise by, within arm's reach of these divers, without being agitated or threatening, but just showing mild curiosity, is enough to dispel the common myth of sharks being relentless attackers. As for myself, I long ago changed my attitude about sharks, and I'm glad that I no longer operate from a place of ignorance. As a youth, like most people, I would not have thought twice about catching and killing sharks. (It's a cliche', but sadly true, that we -mankind- blindly kill and destroy whatever we fear or don't understand, and I was no different than the average person). Nowadays, if I was deep sea fishing I wouldn't even try to land a shark, even just to release it. I'd just admire it & salute it as it swam away. I'm glad that I've matured & learned, and glad that many, if not most, others have done likewise.

After two months of hard work, and miles of writing and rewriting, I've completed my cert petition & mailed it off to my lawyer. I'm pleased with the final draft, and much relieved to be done with it. It was a bear to write, much more so than a run-of-the-mill brief or petition, but I'm not complaining. My life hangs in the balance & this will almost certainly my last legal hurrah. Now it's up to the lawyers to edit it & fine tune it as they deem necessary; then it goes to the US Supreme Court, just in time for the brand new Justice (Roberts, once he's confirmed, which should be soon) to consider it along with the rest of the Court.

O.K., Sis, I'm gonna wrap this up & post it. Keep your chin up & keep smiling.

Love & Peace,
Bill

Friday, July 15, 2005

July 11, 2005 Monday evening

Dear Sis~
Just a quick note. It was 5:00p.m., just 4 hours before Rob's scheduled 9:00p.m. execution tonight when I heard on the news that the US Supreme Court had granted Rob a last-minute stay of execution. According to the newscaster, who was much less than clear (I don't think he knew very much)the Supreme Court granted the stay "without comment", ordering the stay to remain in effect until the Court's next term begins in October (the Court is out of session from July to early October; they always reconvene on the first Monday of October). Anyway, apparently the stay was based upon the current investigation of the Virginia Crime Lab (specifically the section dealing with DNA testing & analysis) which has been ordered by the Governor, after an earlier audit revealed false & fabricated DNA test results; at least one guy, Earl Washington, went to death row based upon such fabricated test results. Earl is now free, after some 18 years in prison (about 10+ years on the row) after being exonerated several years ago. You may recall that the State destroyed all of the evidence in Rob's case, which prevented him from challenging and/or testing the crime lab's results used against him at the trial. Until I speak with Rob, I won't know the precise reasons for the stay. But something is up with his case, and for now he's been given a new lease on life. They brought Rob back about an hour ago & I watched him shuffle up the long sidewalk leading to our cellblock, the same sidewalk I watched him shuffle down 4 days ago. Rob is now numbered among the very few who have ever returned from Greensville. I hope it's a good omen for him, and others.

I'm going to hit the hay, Sis, so I'll wrap this up and post it. Today has been a good day...(the Space Shuttle launches Wednesday! I've seen them launch in person; it's an awesome sight & experience).

Love & Peace
Bill

Monday, July 11, 2005

July 7, 2005

Dear Sis~

This morning a troop of guards came into the cellblock, chained up & shackled Rob Lovitt, then escorted him out, for the short drive to the death house at Greensville. (It's standard procedure for death row prisoners her to be taken to Greensville four days before execution). I hated watching him shuffle away, almost certainly the last time I'll ever see him on this earthly plane. I'm not privy to his current legal situation (i.e., whether his cert petition is still pending before the US Supreme Court, or whether he's been shot down) but I know he's got attorneys fighting hard on his behalf. On the other hand, every guy who gets dragged off to Greensville (other than a few volunteers) had lawyers fighting to save his life, and very, very few ever come back from Greensville. Still, right up until 9:00 p.m. on Monday, July 11th, I'll have some hope. By 9:10 Rob will be dead.

Speaking of the Supreme Court, everyone is in a tizzy about the unexpected retirement of Justice Sandra Day O'Connor. But in this case, with this Justice, all of the hoopla is justified. The entire balance of the Court is about to change. See, the Court is (was) split 5-4, with 5 conservatives and four moderates/liberals. Of the 5 conservatives, though, Sandra Day O'Connor was the least conservative, almost (but not quite) moderate. Consequently, she was often the swing vote, shifting over to join the four liberals/moderates on important votes. Many of the most crucial decisions of the last decade were 5-4 votes, with Justice O'Connor being the deciding vote (for example, the recent decision prohibiting the execution of juveniles was just such a 5-4 vote). President Bush is committed to appointing a hard core conservative to replace O'Connor, someone like Justice Scalia and/or Thomas, two Justices Bush has specifically identified as representing the type of Justice he admires & intends to appoint. When that happens, all those 5-4 votes of the past will become 5-4 the other way, in future cases. Of particular relevance to me is death penalty issues (and criminal law issues in general) which are (were) very often 5-4 decisions (Scalia, Thomas & Rhenquist have never seen a death sentence that they didn't like and approve of; Kennedy is a little better). The upshot will be that in the future you will see very few favorable death penalty decisions. This whole thing may, literally, cost me my life since my own cert petition will be hitting the Court in October, when the new Justice will be settled in.

Thanks for all the great pics of all the neat bikes; I saw a really good looking old panhead that I liked. And I immediately recognized Indian Larry's famous "chain frame" bike, the last one he built before he died. I watched him build it on the Discovery Channel. Indian Larry was a real craftsman; it's hard to believe that the chain frame is strong enough to ride, but there it is. I wish I could have known Larry, he was my kind of guy - down to earth and real, no pretensions...

O.K. Sis, I'm outta here for now. Give little Maggi a hug for me!

Friday, July 01, 2005

June 27, 2005

Dear Sis~

How's everything going out there in the High Desert? You guys got all the unseasonable rain, which produced the beautiful and bountiful crops of flowers and grasses, but now you're plagued with terrific wildfires. The weatherman's map showed fires all across the Southern California-Nevada-Arizona-Utah area, especially around Vegas. Just goes to show you that with nature, as with life, there's a price for everything, even the pristine beauty of carpets of colorful desert flowers.

Hey, I just learned that Bernie de Castro has officially announced his run for Governor of Florida. This should prove interesting...the reformed heroin addict/armed robber/ex-convict, turned successful businessman/minister/pillar of his community, now serving the Republican Party nomination. This is not an impulsive act or lame publicity stunt on Bernie's part. He's dead serious about running to win. Bernie's political positions are not easily pigeonholed; he's much more pragmatic than dogmatic, and seeks sensible, reasonable solutions to everyday problems. The biggest thing he has going for him, ironically, is his past record. See, you can't sling mud at Bernie 'cuz he's upfront with his record & who he was. He does not have to bite his tongue about what he believes in, out of fear that someone will dig up some dirt or say something bad about him. He acknowledges his past & uses it to demonstrate the power of change. Since he's not expected to win, he's got nothing to lose, which gives him the freedom to say what he believes and say what he means. (like his stance against the death penalty, which is political suicide in Florida & most southern states). He can move beyond the rhetoric & politically correct mumblings and propose real solutions & real change. Anyway, Bernie has a campaign staff, a website (www.bernieforgov.com) and a lot of volunteers willing to help, and he's committed to seeing the process through. The election is still 16 months off (November '06) but all of the other contenders have already declared, so I guess it's never too early in the political arena.

That's it for now, Sis. I'm super busy on my cert petition, lots of writing and lots of reading. I've got about 30 pages of notes so far & I've still got a stack of US Supreme Court cases to read & analyze.

Love & Peace
Bill

Any man's death diminishes me,
because I am involved in mankind.
- John Donne

Tuesday, June 28, 2005

June 22, 2005

Dear Sis~

I've been schlepping along, working my way through my first draft of my certiorari petition. I've written about half of it (I figure it'll end up being around 25 typed pages) but now I've had to pause to read a big stack of cases. These are mostly US Supreme Court cases, and all of them are capital cases. Some I've read before, years ago, but now I have to really analyze them, picking out and writing down the specific quotes & holdings & legal analysis that supports the particular points I'm arguing to the Court. It's tedious work but made easier by my recognition of what's at stake for me with this, my last legal hurrah...

Earlier today I was taking a break, just sort of daydreaming, when it occurred to me that your birthday is just a few weeks away. And, I'll be 51 two months after that. It's still hard for me to think of myself as 50 years old, 'cuz although I've lived/endured enough for 3 lifetimes, I just don't feel 50. I live by that well-worn cliche that age is just a number, and I remain young at heart. And thankfully I've been blessed with a healthy & strong body. Anyway, as I reflected on the passage of time, I had to smile as I recalled myself as a young man. At age 20, like most of us, I was full of myself, certain that I was wise, mature & smarter than your average bear...Then, when I hit 30, I realized just how little I'd really known about life. Still, at 30, I figured, "Well, now I'm pretty mature and worldly-wise"... Then I turned 40, and once again I realized how much I'd learned in the previous 10 years ... And, of course, when I hit the half-century mark I understand how far I'd come in the last 10 years. The bottom line is that each of us is a work in progress & we never stop growing, learning & evolving. The worst thing, in my opinion, is to become self-satisfied and complacent, thinking we've learned as much as we can, thinking we already know it all. I'm not the same person I was 10 years ago, and hopefully (assuming I haven't ditched my skin suit by then) I won't be the same person 10 years from now. In the interim I just try to squeeze the most out of every day (who among us isn't possessed of the nagging feeling that we daily live less fully than we are capable of? Certainly, being on death row, you feel that imperative pressing against you more acutely than the average person does).

Rob is still schdeuled to be executed on July 11th, just 19 days from now. And the moment he breathes his last breath & his spirit flys away, not a single citizen of the Commonwealth of Virginia will be any better off. Nothing will be gained, nothing improved, by this deliberate taking of a human life. Rather, in my opinion, everyone will be diminished; each execution is a denial of the potential for change & goodness in every soul, and becomes another black mark against us as a nation...

That's it for now, Sis. Keep smiling and give the dogs a hug for me.

Love & Peace,
Bill

Monday, June 20, 2005

June 16, 2005

Dear Sis

We are on full lockdown, and have been since four days ago. This is a regular "quarterly lockdown" which usually lasts 14-18 days, during which the entire prison is locked down while a large "shakedown crew" of 20-30 guards goes from building to building, cellblock to cellblock, to search every cell, every office, every shop, area and/or room. In my 30+ years in prison this is the only joint I've ever seen that has regular, consistent, easily-timed mass shakedowns. They come every 90 days, regular as clockwork, to utilize an overused cliche, so everyone knows they're coming. From a security standpoint this is very poorly thought out. I mean, you know when they're coming, so you can hide your contraband ahead of time. Then, when they're gone, you know you're good to go for another 90 days. Some bureaucrat thought up this brilliant plan, you can believe that...Anyway, with no "yard" to go to I have even more time to work on my certiorari petition. I'll have 90 days to file it in the US Supreme Court, once the Florida Supreme Court (predictably) denies my motion for rehearing. That will occur in another 4-5 weeks, which means the cert will be due roughly in mid October. I intend to have my draft written and in my lawyer's hands even before our rehearing is denied, which will give us that 90 day grace period to edit/polish it, and to run it by a couple of constitutional & death penalty expert attorneys we know...As I told you in an earlier letter, Robin Lovitt is scheduled to be executed July 11th and when you're scheduled to die in this state (commonwealth, actually), well you die. None of that TV or movie bullshit here, no dramatic last minute stays - not in Virginia. Once they take you to Greensville, where the execution chamber is, which occurs 4 days prior to execution, you don't come back. This state is dead serious about the business of killing! When I was at Florida State Prison it was relatively common for some court (either state or federal) to grant a stay of execution even up to just one or two hours prior to death. But in my almost 6 years here I've only seen 3 guys go to Greensville and then come back, and 2 of them were executed shortly thereafter. The other guy, who murdered six people, got off the row and is now in open population somewhere. And, the few times that guys do get stays of execution, the stay invariably comes from a federal court, never the Virginia Supreme Court. This Supreme Court seems to pride itself on never giving any death row prisoners any legal relief, no matter how meritorious their claims may be. Things (errors) that would get you a new trial (or resentencing) in every other state in the nation (even in Texas!) get the stamp of approval by the Virginia Supreme Court. At any rate, Rob's fate is up to the US Supreme Court, and they've got about 25 days to decide whether they'll let Rob live or die. To them, Rob is just a faceless case, a name; but when you've been around someone for 5 years, every day, all day, when you've laughed with them, played chess with them, talked with their visitors, when you've seen their essential humanity (notwithstanding the grievous nature of all of our offenses), you understand at the most rudimentary, primal level that the State is going to cold-bloodedly kill a living, breathing human being...Oh, Rob does have one other possible avenue of relief. The governor has ordered a review of the results of the Virginia Crime Lab's results from DNA testing in 150+ criminal cases because it's been established that the Lab fabricated DNA evidence against Earl Washington, an ex-death row prisoner who has since been totally exonerated (I briefly wrote about Earl's case in my essay titled My Turn). Rob's case is supposed to be at the top of the list, but the Commission has stated that they won't even begin reviewing cases until the end of next month, by which time Rob will be dead, absent some intervention. Moreover, as you know, all of the evidence in Rob's case has been destroyed, so it's unclear how this is going to play out. This (DNA testing) is not in the realm of the courts, so the only way Rob can or will get a stay based upon that is if the Governor intervenes. In Virginia, you don't want your life depending upon executive grace... OK Sis, I'm outta here; it's past midnight & I'm gonna hit the hay. I suspect the shakedown crew will be here in the morning, tearing up our cells.

Love & Peace,
Bill