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Although the forensic expert testified that the debris under the victims nails did NOT match Tim or anything else at the crime scene he was still convicted. All the evidence was purely circumstantial. Judge Morrison let an expert witness testify even though it was brought out during the trial that he lied about his credentials.
Morrison allowed sequestered witnesses to be coached by the state police right outside the court room as the trial was in progress.
Tim's conviction has since been over turned by the superior court of Pennsylvania. However, the same trial judge, who was cited by the supreme court for errors at trial, held Tim's bail hearing.
Even though his original bail was set at $150,000.00, Judge Morrison set his new bail at $500,000.00, which is in effect no bail at all. If anyone has any ideas on how we can raise $35,000.00 to get him released on bail so that he can now aid in his own defense for the second trial, we would be most grateful.
All the money we had went to pay for his attorney fees in the first trial. he has been incarcerated for over three years for something he didn't do. Will someone out there help us?
You can write:
Janet McEnany (mother)
270 Luxemburg Road
Elizabethville, PA 17023
Or send e-mail to firstname.lastname@example.org
I applied for the variance and certain neighbors got together and began circulating a petition in opposition of the fence and right in the petition they called us "Sanford and Son". In addition to this this these neighbors told terrible lies about us, such as "since we owned property in undesirable, you know the Black neighborhoods, we were getting these children from there and we were selling the kids on the Black Market and needed the fence to hide the illegal activities".
When I was made aware of the racial issue, I went to the city officials and informed them that the petition that was on its way was racially motivated. The city was put on notice at least five different times of the racial motivation and yet they still accepted the racially motivated petition and denied the variance, based at least in part on the petition. I asked the city and the board not to give any weight to a racially motivated petition but this request was ignored. I was told that the city would accept the petition and consider the opposition but that racism was not germane to the issue and that would not be considered. I tried to tell the city that the petition and racism were were one and the same and that the two could not be separated.
Some of the voting board members have admitted under oath that they did give consideration and some weight to opposition to the variance in making their decision. But they stated that they did not consider the Black child in their denial. The way the case law reads is if the city allows racial animus to utilize and use city powers to vent their racism then the city accepts the racism as their own and becomes a party to the conspiracy.
From that day on, the neighbors told me that I should take my Nigger and leave the neighborhood, since they had the city behind them I was going to lose. The neighbors have left notes for me to "get rid of Nigger baby or else", maced my dogs, punctured the tires on my car, came to my house with a loaded shotgun and paraded around out front wearing a White Robe or a White Sheet. I have been followed on at least four times and been told "bang bang boom boom you Bitch you're dead".
I was forced to file legal action in Federal District Court against the city and the neighbors. I Motioned the Court for an Injunction against the neighbors back in December 1995 and this Motion was never heard. On May 22, 1996 the Judge granted Summary Judgment to the City of Pompano Beach, dismissing them from the lawsuit and additionally ordered the other defendants to file a Motion To Dismiss after my amended complaint was filed. Since this order was issued the neighbors have gotten very bad again. I cannot go out the door without hearing racial slurs or being subjected to various obscene jestures.
It appears that the judge simply does not want to hear this case. The judge basically made himself the trier of fact instead of allowing a jury to do so. I have spoken with some top law professors and attorneys and have been told that this case certainly had issues of fact that should have been determined by a jury. So now I have to appeal this decision but can not do that until the case against the other defendants has been either tried and or dismissed.
Meanwhile the city still tries to force me to tear the fence down and I need it now more than ever to protect my family and property. Not to mention the fact that the city is still fining me $14.41 per Hour and placed a lien on my home that now exceeds $100,000.00.
In obvious retaliation for engaging in protected union activities and free speech, I was given a 14 day suspension for the pretextual reason of letting a postal employee, who had an appointment to meet with postal inspectors, into the postal facility. We have decided to sue.
One of the men slipped the boys money to buy gas and told them where to find the gas cans, another man told them he had a sprayer they could use.
So my nephew got in the truck with one of his friends, (both boys intoxicated), went around our small town telling teenage boys they were going to burn the game warden's house. They picked up another boy to help them. When they got to the empty house that was just at the "dry in" stage, one boy stayed in the truck, the one they picked up poured the gas and struck the match, my nephew ran.
When the boys were arrested the DA cut a deal with two of them, my nephew didn't want to "rat" on his friends, so he kept silent, but the other two boys blamed all of it on my nephew. They said it was all his idea, because the men involved had told them that if they brought their name into it they would kill them!
One of the men involved was married to the Sheriff's secretary. When the Texas Ranger's investigated, it was the Sheriff's nephew who was the Ranger who did the investigation. Anyway, the other (2) boys got probation, and 60 days in boot camp. My nephew got 12 years in prison! Now is that an injustice? I certainly think so. I think he took the rap for something that someone else should have been punished for, and believe me there are a whole lot of people in our little town who feel the same way.
Submitted by Janellsco@aol.com.
[By the way, in Coleman v. Thompson, 501 US 722 (1991), the US Supreme Court ruled that if an attorney misses a filing deadline, it is legal to preclude the client from ever having the justness or legality of his conviction reviewed by any state or federal court, even if it means the client will be executed. In other words, death or life imprisonment is the punishment for picking the wrong lawyer or, as in many cases, having the wrong lawyer appointed to you. Pursuant to this ruling, Roger Coleman, a man whom many people thought was innocent and the victim of an unfair trial, was put to death by the state of Virginia without ever having had an appellate court review the denial of his Virginia habeas corpus petition challenging the fairness and legality of his conviction. The lawyer who actually missed the filing deadline apparently has not been punished.
As the Supreme Court ruled in Coleman v. Thompson:
Applying the Carrier rule as stated, this case is at an end. There is no constitutional right to an attorney in state post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551 (1987); Murray v. Giarratano, 492 U.S. 1 (1989) (applying the rule to capital cases). Consequently, a petitioner cannot claim constitutionally ineffective assistance of counsel in such proceedings. See Wainwright v. Torna, 455 U.S. 586 (1982) (where there is no constitutional right to counsel, there can be no deprivation of effective assistance). Coleman contends that it was his attorney's error that led to the late filing of his state habeas appeal. This error cannot be constitutionally ineffective, therefore Coleman must "bear the risk of attorney error that results in a procedural default."]
On Saturday, May 30,1998, I entered Julio's Tavern alone. There were a number of patrons in the bar. I ordered a drink and went to play a game. I recognized a woman I had worked with at Gateway. As I was talking to her I was confronted by a hostile white young male in his twenties who advised me that she was his girlfriend. I did not want any trouble so I advised him that there was no problem and turned my back to him and started to leave.
At this time I was grabbed around the neck from behind. I pulled the white male around to the front of me. He then punched me in the mouth. Almost instantly I was jumped on by three or more white patrons and knocked to the floor. I was being kicked and punched all over my body. Every time I tried to get up I was put down again. From the start of this incident through the continued beatings they were saying things like "kick that niggers ass" and "get that nigger" I feared for my life.
I waited for someone to call the police or to help. I suffer from panic disorder and I thought I was going to die. While on the floor, I reached down and opened a curved pocket knife I used for work and began waving it around thinking that it would make them back up. Slowly one after another backed up and ran out the bar. I did not realize at the time that I had cut any of them. After they left the bar I got up to go and saw them outside. I then slipped out to go to my car and the police arrived.
I was eventually transported to DRMC where I was kept overnight for my injuries and observation. My glasses were broke. I had injuries to my mouth, ear, chest,stomach, back and arm. When I was taken to jail I found out that none of the white males had been arrested or charged. They were not even going to charge them until I had my attorney push it. I missed a lot of work and was being treated by a chiropractor and on pain medication for several weeks. My attorney told me to plea bargain because I would not get a fair trial because of my race and after that I should leave town for my own safety.