The Cowboy Chronicles
William A. Davis
Smashwords Edition
Copyright 2009 William A. Davis

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This ebook is licensed for your personal enjoyment only. This ebook may not be resold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each person you share it with. If you are reading this book and did not purchase it, or it was not purchased for your use only, then you should return to Smashwords and purchase your own personal copy. Thank you for respecting the hard work of this author

DISCLAIMER: This is not a work of fiction. The surreal wrongful conviction of Michael Toney actually happened. Some of the names in this story have been changed or disguised to protect the innocent, the guilty and actors who elected to not give the author permission to use their real names.

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To Hope and Christiane:
Michael, we hardly knew you.
-- Mr. Bill

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November 18, 2000: Letter to the editor of the Fort Worth Star Telegram

Nightmare on Bush Street

I had a bad dream about the future. Dubya had been elected El Presidente. During Dubya's four-year reign of “compassionate conservatism,” the following happened.

The rich got richer and the poor got poorer. Big corporations and inside traders reaped the benefit of the GOP's traditional incestuous love affair with big business. Wage slaves watched the gains reaped during the Clinton administration go down the toilet as their jobs were outsourced to Third World countries and as American wages stagnated.

Air standards were relaxed and ignored. The ozone hole over the North Pole spread to encompass the entire Northern Hemisphere and deaths from skin cancer increased exponentially. Manufacturers of portable air supplies and oxygen masks reaped obscene profits.

The national crime rate rose in spite of a record number of executions and increased prison population because the issues that produced the crime rate were not addressed by the “hang-'em-high compassionate conservatives.”

Welfare was completely eliminated because all the eligible recipients died from starvation or disease...

(My dream ended at this point because my wife woke me up after my screaming roused her from a sound sleep.)

William A. Davis
Azle

Mr. Bill: The Fort Worth Star-Telegram published my letter to the editor titled, “Nightmare on Bush Street.” In this letter I expressed my rage over Bush Junior's stolen presidential election and prophesied that he would screw up America's economy just like he screwed up the economy of Texas. My “humorous” diatribe attracted the interest of death row inmate #999314 at the Polunsky Unit in Livingston, Texas.

November 24, 2000: Mr. Bill: Received a letter from death row inmate #999314. This letter started a curious nine year long relationship between an electronics engineer-computer nerd and a death row con.

November 20, 2000: Letter from Michael Toney to Mr. Bill

Dear William,

I hope this letter finds you and your family having had a wonderful Thanksgiving. I'm as well as my situation will allow. I have seen better days but I'll get to that in a minute.

First I would like to congratulate you for your honesty and courage in writing “The Nightmare on Bush Street” that was written to be humorous but the fact is it’s the truth! By the time this letter reaches you, maybe the scandal will be over but I doubt it. The Florida Supreme Court's decision was great. I bet it caused Bush to mess his drawers and we know it caused a myocardial infarction for Cheney. I wouldn't wish a heart attack on anyone but this morning when I heard about Cheney I wasn't in the least surprised. In 1999 I said, “Bush is the Y2K problem!” Let's hope I was wrong!

I need to introduce myself and I hope you're not bothered by who I am and where I am. Please read what I say with an open mind. I assure you everything I say is the exact 100% honest to GOD truth! My name is Michael Toney and I'm on Texas death row. I was convicted and sentenced to death for the 1985 Lake Worth bombing in which 3 people were killed. I was convicted in 1999. I did not commit this horrible crime in fact I didn't even hear about it until June of 1997. I have never in my life even been to the place where it happened. I was convicted because my ex-wife and an old friend that I hadn't seen in 13 years lied. I was convicted because of nothing but a lie! I hope that you can see the above listed web pages so you can understand what I am saying and why I was convicted. I'm the first one to tell anyone that I'm not by any means of the word a perfect person. I haven't been a good person but I have never in my life even thought of taking someone’s life. I will also admit that I have been slow to learn from my mistakes. A situation like the one I'm in will open the eyes of even the hardest of hard heads.

I'm telling you all of this because its people like you that can correct the problems within our government by getting the right ones in office. Its corrupt people like Bush that caused me to be sentenced to death for a crime I knew nothing about. The officials in our State, Local and Federal governments refuse to admit to mistakes. They want everyone to believe that our government and justice system is perfect. They would rather murder an innocent person and allow the guilty to remain free than they would admit to mistakes. They do anything to cover up the mistakes.

By the way, I believe the person that made the bomb that killed the Blounts lives in Azle. If you would like to know who I believe it is you can contact my friend Denise Wallenhurst by e mailing her. You can tell her I said you could get information regarding the bomb maker in Azle. If you don't already know about this character you will find the information very interesting. I hope you are not bothered by getting a letter from me. My intentions are good.

Sincerely and respectfully,
Michael Toney

Mr. Bill: My initial “compassionate conservative” reaction to the return address on this unsolicited letter was not very favorable—I thought to myself, “Oh crap! What does this damn con want?” I am a sentient bleeding-heart liberal Democrat (by birth and nurture) so I came to a different conclusion after I read Michael's letter and I decided to be open and fair-minded and investigate his claims.

November 25, 2000: Michael's Story from defunct online web site

My full name is Michael Roy Toney. I'll be 35 years old or young whichever way you look at it on December 29, 2000. Everyone calls me Cowboy. I don't think that needs to be explained--the reason for the nickname is pretty obvious. I'm originally from Northern California but I've been here in Texas since about 1993. All of my family is still in California. I don't have any family here in Texas at all. I haven't been an upstanding citizen by any means. I've been in a lot of trouble, mostly for credit card abuse, burglary, bad checks and theft. I'm not a murderer. I'm completely innocent of the crime that I'm on death row waiting execution for. I'm sure you'll find the reason I became a suspect and was later convicted of this crime to be strange and interesting.

Mr. Bill: Michael is a master of understatement. As I read the trial transcript to check his claims, I thought that I was reading the script for a Twilight Zone TV episode!

It all started in June of 1997. I was in prison here in Texas serving a sentence for burglary and credit card abuse. I used to fence a lot of stolen property which is why I've been convicted of burglary many times. Here in Texas if a person gets caught with property taken from a burglary--he's charged with burglary. I was serving a 5 year sentence and was to get out on August 31, 1998.

On a Friday in June 1997 I received a notice that I was going to be transported to Weatherford, Texas to resolve an old burglary case that I had been trying to take care of for a number of years. When I received this notice I sat down and was talking to a man named Bennie Toole. I told him that I was going on a bench warrant to Weatherford and he started telling me to be careful out there because they are very strict and give a lot of time. He went on to tell me that he had gone on a bench warrant because he and his friends had been suspects in a bombing case that happened in Lake Worth. Lake Worth is a suburb of Fort Worth (which is where I live) so I was naturally curious about the bombing because I hadn't heard anything about it and it’s an unusual crime especially in Fort Worth, Texas. He went on to tell me that he and his friend (MFH) were suspects in a briefcase bombing. I asked him what it was all about and he said, “Someone put a briefcase on someone’s porch in Lake Worth and it exploded and killed the family.” He didn't tell me when this happened or exactly where. I assumed that it was recently because of the way he was talking. The following Monday a Parker County deputy sheriff came to pick me up and took me to the Parker County jail in Weatherford, Texas. I was there about three weeks when I got to know a man named Charles Ferris Jr. This detective would come to the jail almost every day to get Ferris. I asked Ferris why the detective always came to get him. Ferris said, “He keeps telling me that if I'll tell them anything about the Don Baker murder that he'll let me go.” I asked Ferris if he knew anything about it and he said “No.” I hadn't heard anything about it nor did I know any Don Baker. Charles was sick and was supposed to be getting daily injections of Interferon but the jail wasn't giving them to him. I asked Ferris if he knew anything he could tell the investigator so he could get out of jail before he died. He said, “No I don't know of anything.” I then asked him what he was there for and he told me he was arrested for having an explosive device. When he said that I automatically thought about what Toole told me. Lake Worth and Weatherford are pretty close together, so I asked Ferris if he heard anything about the bombing in Lake Worth. He said that he remembered hearing about it but didn't remember when it happened or any details other than the fact that it was a briefcase on someone’s porch and that it was rumored that the wrong people were killed. I then said “It’s too bad you don't know anything about that because I'm sure the information would get you out of here.”

Now for the stupidity on my part- I told Ferris to make something up and tell the detective so he could get out. He said, “But what can I say?” I said, “Go tell them you know who did the Lake Worth briefcase bombing.” Ferris replied, “But who can I say did it?” I said, “I don't know. Tell them I did it. I don't care. I don't know anything about it other than what Benny Toole told me. There is no way anything can come of it.” We then wrote out a request for him to see the detective. A few days later the detective came and got him. About an hour later Ferris came back and said, “It worked. They're going to make a trustee and let me go in a couple of days.” To make a long story shorter on December 4, 1997, I was indicted for Capital murder-multiple victims. I was indicted for the bombing. When the detectives served the indictment on me I told them the exact truth. I said, “I'm sorry but you've been had. Charles Ferris told you that to get out of jail.” I went on to tell them that I hadn't even heard about the bombing until Toole told me about it. When I said that it was obvious that they were upset I told them I would take a polygraph test. They never did allow me to take a polygraph. I read the indictment and saw that the bombing happened on Thanksgiving Day 11/28/1985. It had happened 12 years earlier. I had no idea that it happened that long ago. I also didn't know that the crime was the longest running investigation in the history of the BATF or that it had been featured on the television shows America's Most Wanted and Unsolved Mysteries. I didn't know anything other than what Toole told me.

About 18 months passed and they finally took me to trial. The whole time I'm thinking they would drop the charges against me because there can't be any evidence against me—I've never even been to the crime scene. When it came time for trial in May of 1999, my ex-wife and an old friend were the main witnesses. My ex-wife said that on Thanksgiving night 1985 we went fishing at the Lake Worth Nature Center. She said that she, I and my friend Chris Meeks rode in my truck to Lake Worth. When we got there I allegedly dropped off a briefcase and then went to the Nature Center where we allegedly “hung out” for about 3 hours until sometime after midnight. She said that sometime during this period there was a splashing in the water and “Chris and Mike got their 22 caliber rifles out of the truck and Mike shot a beaver. Then we went home.” She also said that she saw the briefcase in the bed of the truck underneath the tool box before I allegedly dropped it off. The following is what is wrong with her testimony:

1. I didn't own the truck on Thanksgiving 1985. It wasn't bought until December.
2. The toolbox that she said the briefcase was under wasn't bought until my birthday in December.
3. The two 22 caliber rifles weren't bought until December 18 and 19 of 1985.
4. According to the National Weather Service 11/28/1985 was the coldest day of November: 41 degrees was the high and the low was 31 degrees with wind to 15 mph. too cold to “hang out” outside a truck that didn't exist yet and to shoot a beaver with a gun that didn't exist yet. Kim said that when the agents first questioned her, she didn't know anything and I never told her anything about it. She then got curious and went to the library and read all the old news clippings about the bombing. She then called the ATF back and told them we went to Lake Worth on Thanksgiving night.

I think Kim's boyfriend put her up to lying for the reward. I also think they drove out to the crime scene and conjured up the story she told the ATF and what she testified to during the trial. The district attorney had to have someone to corroborate what my ex-wife was saying so they found my old friend, Chris Meeks, which I hadn't seen in over 12 years. I know for a fact that the investigator told Meeks what to say and made the statement for him. When he testified he couldn't answer a single question without looking at the statement to see what the answer was. He read from the statement as if it were a script. That's exactly what they were to him. I believe they coerced him to lie on the stand. I was convicted solely by the perjured testimony of an old friend that I hadn't seen in over 12 years and my ex-wife that I hadn't seen in 10 years.

During the trial the D. A. said that I bombed the wrong home. No motive was proven; they only had theories and no evidence to support their theories. Since the trial I and my family have received numerous letters from some men saying they know I'm innocent because they know who really did it and why. From these people I've not only learned who really did it but why. The real murderers will remain free to commit more murders unless the investigation is re-opened. The case may very well be closed but the crime is not solved. An innocent man may be put to death for a crime he did not commit and others lives could be in jeopardy because the real murderers are free.

I spent Thanksgiving Day 1985 at my friend Chris Meeks home in Keller, Texas. I had just met Kim about a month prior so I wasn't comfortable with going to be with her family. Kim and I later got married. She and I spent the entire night together at her apartment. Chris stayed at home with his parents. We didn't go fishing Thanksgiving night. We did go fishing at Lake Worth some night in late December. I know it was late December because I did shoot a beaver that I thought was a nutria rat. I know it had to be sometime after December 19 because that's when the rifle was bought that I shot the beaver with. At first I thought my ex-wife was just mistaken about the date but after reading her statement I realized that she knew was lying. I didn't even own a briefcase in 1985. She just flat out lied and the only reason I can come up with is the reward.

When I was accused of the bombing I thought it was ludicrous and defied common sense. The State of Texas and the BATF used me as a pawn to close the case. The case they couldn't solve. Their behavior reeks of lies and the desire to conceal their lying. My hands are clean and the ATF knows it. It seems, in the State of Texas there are a litany of issues that could put any of us in jail before breakfast. Given enough time and money, any overzealous prosecutor could indict anyone, because sooner or later that prosecutor will violate the law or make a mistake in the course of the investigation. I believe that you would get a general agreement, that there are occasions where the wrong person is jailed and are even executed and that every effort should be made to get them out; but that same acknowledgment is usually accompanied by the argument—where there is smoke there's fire. Correct?

It's no secret that the authorities first look to known trouble-makers and known felons when investigating a crime. What most people don't know is that they also look at people that have pissed them off. Their definition of a trouble-maker is anyone that any cop, prosecutor, politician or big shot wants taken out and silenced. The main objective of any law enforcement system is to solve the crime. Cops get promoted, Chiefs and prosecutors are made heroes and get appointments, and politicians get votes.

So the course that matters is to pin the crime on someone and if they can't easily find the guilty party they find someone they hate and try to get everyone else to hate him too. Usually that person is someone of low public standing, a poor person that doesn't have the resources to defend himself against prosecutors with unlimited resources.

Sincerely and respectfully,
Michael Toney
“An Innocent Man in Texas”

Mr. Bill: I was raised to have a healthy suspicion of government and to think critically instead of exhibiting the blind Pavlovian obeisance knee jerk submission to authority of the conservative element of America's populace. After I finished reading Michael's web page and cogitated on it, I came to the conclusion that his story was just bizarre enough to be true. I obtained the web page address for Michael's trial transcript and spent the next 5 days (after getting home from work) downloading 740 pages of trial transcript to my antique Packard Bell 486DX over an excruciatingly slow 49K dial up modem connection. After I downloaded the trial transcript and studied every line, I came to the following three major conclusions:

1. Michael Toney was the scapegoat of a BATF/Tarrant County DA kangaroo court.
2. There was no physical evidence that could directly connect Michael Toney to the bombing: None of the State's evidence (which consisted mainly of bomb fragments and debris) presented at the trial had Michael Toney's fingerprints or trace DNA.
3. The State's star witnesses, the vengeful ex-wife Kim Toney and the lying backstabbing weasel Chris Meeks were coerced to give perjured-prosecutor-prepared testimony against Michael Toney. The State's frame job was not successful because each star witness's testimony not only contradicted itself but also contradicted the testimony of the other star witness. The star witness performance was so pathetic that it was patently obvious even to a blind, retarded chimpanzee.

November 27, 2000:0600: Email from Mr. Bill to Denise Wallenhurst

Denise:

I recently received a letter from Michael Toney that he wrote to me in response to a letter to the editor that I wrote to the Fort Worth Star-Telegram. In Michael's letter to me he wrote that if I would like to know who he thinks made the bomb that killed the Blounts then I could send you a message. Michael also said that the bomb maker lives in Azle. I would very much like to know the name of this man because I may know the man since I have lived in Azle for 20 years. Interesting sideline, my wife knew a man in Azle that ran a second-hand junk shop and made bombs in the back room. This person got busted by the ATF about 15 years ago.

Mr. Bill

November 27, 2000:1200: Email from Denise to Mr. Bill

Mr. Davis,

The man Michael is referring to is Douglas Raymond Brown. He (Brown) sold a bomb he made to an undercover ATF agent, the same kind that killed the Blounts.

Denise

Mr. Bill: Denise's short answer to my question produced an OMG reaction in me because my wife knew Mr. D. R. Brown—she was a frequent customer in his second-hand junk store located on Main Street in Azle, Texas!

November 28, 2000:0600: Email from Mr. Bill to Denise

Denise:

I think that my wife knows this man. He used to own a junk shop in Azle and built bombs in the back. Last I heard he got busted by the ATF and went to prison. I wonder if he is still in prison or maybe he cut a deal with the ATF and is in the Witness Protection Program.

Mr. Bill

November 28, 2000:1200: Email from Mr. Bill to Denise

Denise:

I just did a check on Mr. Brown's criminal record using PublicData.com and guess what—he is not listed! This could be due to 3 factors:

1. He has no record. (Highly unlikely)
2. PublicData's database is not accurate. (Highly probable)
3. If Mr. Brown is on the Witness Protection Program then his criminal record would have been expunged.

I guess you will have to call the Texas Dept. of Criminal Justice and see if he is incarcerated in a Texas prison. This just gets curiouser and curiouser, doesn't it?

Mr. Bill Davis

P.S: I mentioned Cowboy to one of my neighbors and she says that she knows MH and allowed that if anyone committed the crime then it would have been him. (Her exact words were: 'MH was one mean son of a b***h that would not have any compunction at all about killing someone.')

PPS: My wife told me to mention a man named Barry Sheck that does pro bono for men on death row. I do not have an address or anything on this man but he has been featured on several TV news shows like 20/20, etc.

November 28, 2000:1230: Email from Mr. Bill to Denise

Denise:

There is another possibility that my wife brought to my attention concerning Doug Brown: the guy might be dead because my wife says that in 1985 he was in his late 50s.

Mr. Bill

November 28, 2000:1245: Email from Denise to Mr. Bill

Well I guess I'll just have to check on that. I'll call to see if in fact he is in prison. Thanks for the lead.

Denise

November 28, 2000:1800: Email from Denise to Mr. Bill

That is strange!!!! I'm sure that Michael will be very interested in hearing this. Thanks for checking. I called Texas Board of Pardons and Parole and they do not show anyone with his name or age ever been in TDC.

Denise

November 30, 2000:0700: Email from Denise to Mr. Bill

From the information I have he was in his 40's but your right he might be dead. Sorry I didn't reply sooner. I was off work yesterday and drove down to see Michael. He said He was surprised you answered so fast. He was glad you did though. I'll call the health dept today to see if he passed away.

Denise

November 30, 2000:1200: Email from Mr. Bill to Denise

Denise:

I will be praying for Cowboy. From what I have seen so far I would have to conclude that he has been framed by the ATF in their quest for a solution to a 12 year old murder case. I would not be surprised if Mr. Brown turned state's evidence after he was busted for making bombs and made a deal with the Feds to pin this on Cowboy and let him (Brown) go into the Witness Protection Program. Who knows, he may also be a deep cover ATF agent that infiltrates these right wing terrorist groups that make bombs and blow up Federal buildings!)

Mr. Bill Davis

PS: President Clinton is reviewing cases that he might grant pardons or commute death sentences to life. Since the Feds were involved in Cowboy's conviction it might be worthwhile to flood the President with letters asking for mercy for the Cowboy.

November 30, 2000:1215: Email from Denise to Mr. Bill

Not a bad idea! How does someone write to Clinton? I could probably type up a form and just scan it to the internet and have everyone e-mailed so they could fill it out and send it in.

Denise

November 30, 2000:1230: Email from Mr. Bill to Denise

Denise:

You write to the President just like you would any other person:

President William Clinton
1600 Pennsylvania Ave. NW
Washington, D.C. 2003

You might post a model letter to the President on Cowboy's web page and urge people to write individual letters to the President about him reviewing Cowboy's case before he leaves office. Tell letter writers to not copy the model letter word for word but to phrase it in their own words. Also, don't send electronic petitions—these are generally ignored and filed in the recycle bin without being read.

Mr. Bill Davis

December 1, 2000: Letter from Michael to Mr. Bill

Dear Mr. Davis,

I hope this letter finds you having a good day. I'm as well as my situation and this place will allow. Today is not a very good day because the Supreme Court arguments were depressing. I fear they will rule in Bush's favor. I'm afraid we've been “bushwhacked!!”

Denise sent me copies of your e mails. Now I have to tell you what I think. Keep in mind this is just what I think. I don't know but everything seems to point in this direction.

First of all Brown was sentenced to 4 years in Federal prison. I think he is living on ... road in Azle. I don't know any of these people but I've done a lot of investigative work since I was convicted. It’s a very difficult thing to do from here. All I can do is write letters. (Mr. Bill: Michael could write letters. I have a file of his letters to me that weighs nine pounds.)

Here's what I think. I believe Brown made the bomb but I believe a man named Tommy Earl Davis (Tommy Earl Davis is not related to Mr. Bill!) picked MH up at Lynn's bar and drove him to Hilltop. I think H put it (the bomb) on the porch. I think Davis was supplying H with drugs. A man named Tortella says that he was seeing a married woman in Azle. Her husband was acquainted with Davis and Brown. Tortella says that the bomb was put on the wrong porch because the married woman would park her car at the Blounts when she would visit Tortella. Tortella says that this woman took a contract out on him through Davis. Tortella also says that just before the explosion he saw an 'old style' ice cream truck drive through Hilltop. Tortella said it caught his eye because it was so cold; it was unusual to see an ice cream truck. I don't know what he means by 'old style' ice cream truck but he says that Davis has this truck on some property he has in Brock, Texas. Tortella was in prison when he wrote me and told me all this. He was released months ago and hasn't had any contact with me since. I had a lawyer contact him but he refused to talk to him. You can see letters he wrote me on one of the web pages. Denise can tell you how to access trial transcripts so you can see how everyone was saying H did it. I just don't know anything for sure. I have such a bad record that it was easy for them to convict me of something I didn't do. It was really strange! I felt like I was observing someone else' trial. I have NEVER in my life been to that mobile home park! I didn't know any of those people that testified other than my ex-wife and the idiot Chris Meeks.

I've contacted Barry Sheck in New York but they only take cases where there is DNA evidence. I was convicted by the lies of two people saying two different things but NO evidence! I'm to the point where I just don't know what to do. I wish that I could talk to the Blounts. I've written her (Susan) but I know the prosecution told her and everyone else not to contact me. In the November 2000 issue of Playboy magazine there is a story called the great biker trial. It’s about the Hell's Angels. When I read the story the names seemed very familiar to me. I went back through all the legal documents I have from the trial. I found a paper that says Joe Blount and his brother rode with Sonny Barger who was the leader of the Hell's Angels. The strange thing is they were making bombs. I just don't know!!! It just doesn't make any sense. None of it!!

I'm glad I wrote the right William Davis. I had Denise copy the pages in the phone book in which the Davis surnames were listed. I was trying to locate Tommy Davis. I wrote all the Thomas and Tommy Davises but no one responded. I'm enclosing a copy of news clippings concerning Brown. I would appreciate it if you could return them to me. Please ask Denise how to access the trial transcripts. Maybe you will see something that points me in right direction. I would greatly appreciate any information that may help.

Michael

Mr. Bill: Michael wasted no time replying to his new friend on the outside of the gray bar hotel. Time was something that the Cowboy had plenty of as he slowly wasted away on death row awaiting his turn to be “legally and humanely murdered” for a crime that he did not commit.

December 2, 2000: Letter from Michael to Mr. Bill

Dear Mr. & Mrs. Davis,

I hope this letter finds you having a good day. I know I just wrote you a day or two ago but something has been on my mind. Do either one of you know if MH knew Doug Brown? What about Tommy Earl Davis, do you know who he is or if he knew Brown?

In my previous letter I relayed to you what I believe happened. I mentioned Tim Tortella and the married woman. I went over my notes and found that her name was Jeanie and the last name was something like.... She worked at ... on the Jacksboro Highway and her husband's name was Mike or Mark. Does any of this ring a bell with you? If I could somehow connect these people with each other it may save my life and solve the mystery.

Something else I wanted to ask you about has to do with your computer skills. I don't know anything about computers but it seems you can access a lot of information. I have been desperately trying to find some records that would prove I'm innocent. My ex-wife said that we drove to Lake Worth in my 79 Chevrolet Silverado 1/2 ton P/U and that the bomb was under the toolbox in the bed. All of this is a lie! I didn't even own the truck in November. I bought it in December. I got it at a tote the note lot on N.E. 28th (Fort Worth, Texas) at Bill Patterson Motor Company. He's still in business out in ... but he destroyed all of his (old) records. I found the tag number to that truck in an old police report. The Texas Department of Transportation says they can't do a title history search without the VIN. The tag was either PG-2165 or PGZ-165. The writing is hard to read. I'm not sure if it's a 2 or a Z. We ran both of these tags. PG-2165 came back to an 87 Ford P/U. PGZ-165 doesn't come back to anything. I don't know if PG-2165 could have been reassigned to the Ford or what. If we could find that VIN, Austin could do a complete title history which would prove my ex-wife lied. Do you know of any way to locate this information? It could save my life. I know I'm asking a lot of someone I don't know but from what you wrote to the editor of the Star-Telegram I believe you to be the kind of person that tries to do what is right. If you could help me with this I would forever be in your debt.

Sincerely and Respectfully,
Michael Toney

Mr. Bill: I did not know if MH knew Doug Brown and I did not know Tommy Earl Davis or if he knew Doug Brown. Also, I am not related to Tommy Earl Davis. I tried several permutations of the plate number that Michael gave me on PublicData with no success.

December 4, 2000: Letter from Michael to Mr. Bill

Dear Bill,

Yesterday, I received a letter from Denise in which she told me you were searching for info on Brown. I'm sending you 63 pages of documents I've obtained. I don't know if you know this or not but anyone can go to any police department etc. and obtain info on anyone under the freedom of info act. Please return these documents to me. They were difficult to obtain. You can make copies.

Something that bothers me about this whole deal is the fact that the Brown bombs and the one that killed the Blounts had an added incendiary (Gasoline).

The ATF reconstructed the Blount bomb. They said it had a common Victor mousetrap as a trigger. Look at the testimony of MH's stepfather, WC He testified that a Victor mousetrap and gun powder was missing from his home. I get a very strong feeling that H knew Brown. H did admit to making a bomb. If you'll notice, H denied knowing Angela Blount during his trial testimony but in the past he said him and her were boyfriend and girlfriend. The grand jury was trying to indict him (H) when they indicted me!!!

I'm hoping you can fish around out there and maybe turn something up. I've tried everything including talking to the Blounts. They think I did it! Susan Blount lives in.... Actually I'm not sure they think I did it or if the DA has told them not to talk to me.

Let me know what you think about all of this. PLEASE?

Michael

P.S. You'll also notice that Denise testified for the State but switched sides when she heard all the lies. Since then she has been threatened by the State. Ask her about it. (On September 9, 2009 my wife and I got a dose of “official oppression” when the Texas attorney general sent 2 goons from the Fugitive Apprehension Unit to my home looking for Michael. This visit was designed to intimidate since the goons had been following him around since he was released—they were encouraging Michael (at Susan Blount's behest) to leave Tarrant County and go far away.)

December 7, 2000:1200: Email from Denise to Mr. Bill

Mr. Davis,

Michael wanted me to ask you if by chance you would know if MH knew Doug Brown. Michael also wanted me to ask you if you have ever heard of Jeanie, Mike or Mark Colberson.

Denise

Mr. Bill: My answer is “No” to all of Denise's questions.

December 8, 2000:0600: Email from Denise to Mr. Bill

Mr. Davis,

Here's Douglas Ray Brown's personal info: DOB: 01/01/43, SSN: XXX-XX-1935

Denise

Mr. Bill: I have no idea how Michael and Denise got Brown's SSN and I don't want to know.

December 9, 2000:1718: Email from Mr. Bill to Michael

Dear Michael:

Just wanted to let you know that I have been reading the material that you sent me and I am snooping as I get the time. I hope that you are not pinning all your hopes on me Cowboy because I am not a professional investigator—I am just a poor overworked computer geek that has very little time on his hands. I work a full-time day job and then go to college at night in addition to all my church activities which tie up my weekends.

I just finished reading the first six pages of your trial transcript and some red flags have already been raised such as:

1. Tim Tortella lived in Hilltop Mobile Home Park.
2. Elton Walls thought Tortella was a jewelry dealer?
3. Why did no one question Elton Walls until 3 weeks before your trial started? You would think that the cops would have talked to him in 1985!
4. Susan Blount was a Commercial Insurance Writer. If she was dirty, she might have had contacts with arsonists and the like. One of these “fine” folks might have had it in for her.

I am trying to read your transcript with no preconceptions in mind so that it will not influence any thoughts that might come to mind. I hope this will enable me to spot any contradictions in witness testimony and the chain of evidence. Well, that is about all for now Cowboy.

Mr. Bill

Mr. Bill: How did I send emails to Michael? Not very easily since he did not have access to a computer on death row! To save on postage and attempting to avoid duplication of efforts, I would frequently send emails to an email account setup by Denise and administered by her. She would print out emails in Cowboy's account and mail them to him. Sometime later during our long distance friendship, I set up another account in Michael's behalf and gave a woman named MKH access to help me administer this account. MKH did a great job administering Michael's email account. She printed out Michael's routine emails and mailed them to him and would call him if he got an urgent email.

December 13, 2000:1911: Email from Mr. Bill to Michael

Mike:

Just wanted to let you know that while I was off work today due to icy roads I sent appeal letters in your behalf to Janet Reno, Tim Curry and President Clinton.

Mr. Bill

December 13, 2000: Letter from Mr. Bill to US Attorney Janet Reno

Dear Attorney General:

I am sending you this letter to appeal to you to urge the BATF to re-open the investigation regarding the November 28, 1985 Lake Worth, Texas bombing. A man named Michael Roy Toney was convicted of this crime in May of 1999 in the 297th Judicial District Court of Tarrant County, Texas.

There is evidence to support the fact that the conviction and subsequent death sentence was wrongful and a terrible miscarriage of justice. The conviction was obtained by perjured testimony.

There is new evidence that points to the real murderers. This evidence was not acquired until after Mr. Toney's trial. If this investigation is not re-opened, these people will remain free to commit more murders. I'm sure that is something you would do everything in your power to prevent. I make this appeal in the name of justice, community safety and human decency.

Thank you for attention regarding this most urgent matter.

Sincerely,
William A. Davis

Mr. Bill: The “Honorable” Janet Reno never replied to my appeal letter.

December 13, 2000: Letter from Mr. Bill to President Bill Clinton

Dear President Clinton:

I am writing you this letter to appeal to you to grant a pardon or to commute the death sentence of Michael Toney to life. Michael Toney was convicted in the 1985 Lake Worth Bombing which took the lives of three people. Mr. Toney was convicted of this crime in May of 1999. There is evidence to support the fact that his conviction was wrongful and a terrible miscarriage of justice. Mr. Toney's conviction and subsequent death sentence was obtained by perjured testimony. There is evidence that points to the real murderers. This evidence was not acquired until after Mr. Toney's trial. I make this appeal in the name of justice and human decency. (For more information about Mr. Toney go to this URL: http://www.geocities.com/savemichael)

Thank you for your attention regarding this most urgent matter.

Sincerely,
William A. Davis

Mr. Bill: Slick Willie never replied to this appeal letter.

December 13, 2000: Letter from Mr. Bill to Tarrant County District Attorney Tim Curry

Dear Mr. Curry:

I'm writing this letter to appeal to you to re-open the investigation regarding the 1985 Lake Worth Bombing and to urge the BATF to re-open their investigation regarding this matter.

A man by the name of Michael Roy Toney was convicted of this crime in May of 1999 in the 297th Judicial District Court of Tarrant County. There is evidence to support the fact that this conviction was wrongful and is a terrible miscarriage of justice. This conviction and subsequent death sentence was obtained by perjured testimony.

There is evidence that points to the real murderers. This evidence was not acquired until after Mr. Toney's trial. If this investigation is not re-opened, these people will remain free to commit more murders. That is something I'm sure you would do everything within your means to prevent. I make this appeal in the name of community safety and in the name of human decency.

Sincerely,
William A. Davis

Mr. Bill: Needless to say, Mr. Curry never replied to this letter and the reason he didn't was because he would have to admit that his employee, Chief Prosecutor Mike Parrish was as crooked as a dog's hind leg and had withheld 13 file boxes of exculpatory evidence from Michael's defense lawyers that would have proven him innocent of this heinous crime!

****

Mr. Bill: The following exchange of emails from me to Michael Toney indicates that I may have missed my calling. I enjoyed studying Michael's trial transcripts looking for holes, lies and inconsistencies. One thing that made Michael's transcripts especially enjoyable was the manufactured, conflicting, perjured testimony of his vengeful ex-wife, Kim Toney and the lying, backstabbing weasel Chris Meeks.

December 15, 2000: Email from Mr. Bill to Michael

Subject: Analysis of Susan Blount's Testimony

Mike:

I have pored over Susan Blount's testimony (pages 21 to 36) and have the following questions and observations:

1. Pg 21, line 9: Criminal record? I searched her on PublicData and it shows nothing. (The answer to this is “No.”)
2. Pg 21, line 17: Where did Susan work in November 1985?
3. Pg 21, line 20: If Susan was an insurance commercial rater in 1985- does she have any links to arsonists, bombers or angry customers? Does she have any known enemies? Owe money to loan sharks? Does she have any gambling debts?
4. Pg 24, line 1: Does Susan's nephew, Michael Columbus, have a criminal record? Known enemies?
5. Pg 27, line 24: What time did Susan hear a knock on the door as she was trying to sleep in her bedroom? (Elton Walls says he heard a boom at 930 PM)
6. Pg 31, lines 14-19: Susan states that the first time she saw her son Robert after the bomb exploded he was in the MedStar ambulance. Was Robert in the house when the bomb exploded? (Subsequent testimony clarified this question- Robert was in the house when the bomb exploded.)
7. Does Robert Blount have a criminal record? (PublicData gave Robert a clean slate.)

If you have any answers to these questions then please reply.

Later Dude!
Mr. Bill

Mr. Bill: Between December 17, 2000 and December 21, 2000 I sent letters and emails to the following media outlets requesting that they do a story about Michael Toney's wrongful conviction and his impending appointment with death: 20/20, 20/20 Downtown, Prime Time Thursday, 48 Hours, 60 Minutes, 60 Minutes II, Dateline NDD, Front Line, Texas Monthly, D Magazine, Time Magazine, Newsweek Magazine, US News & World Report Magazine, CNN, Fox News, Bob Ray Sanders (Fort Worth Star-Telegram), and The Dallas Morning News. D Magazine and Time Magazine were the only two media outlets that deigned to respond to my appeal for them to do a story about Michael.

December 17, 2000: Email from Mr. Bill to Michael

Subject: Elton Walls

Howdy Pardner!

Hope this message finds you well and in good spirits. I just finished poring over Elton Walls testimony and two questions have popped up:

1. Why did no law enforcement authorities question Mr. Walls until 3 weeks before your trial? I find it hard to believe Mr. Walls was not questioned in 1985!
2. Why did the Judge excuse Mr. Walls and let him go deliver his load?

Well, that is about all for now Cowboy. I have to get ready to go to church.

TTYL
Mr. Bill

PS: Jesus told His disciples, “You shall know the truth and the truth shall set you free.” Speaking of disciples, are you a Christian Mike? If your answer is “No” then I would be delighted to tell you how to be free in Christ!

Mr. Bill: Michael wrote December 27, 2000- “With the business out of the way I'll get to you most important question. Yes, I do know Jesus Christ. Unfortunately I didn't meet him until Jan 1997. I am a Christian. Jesus has held me together for the last 3 years.” Call me gullible if you so desire, but I believe Michael's conversion is genuine--he is not a phoney baloney jailhouse Christian.

December 18, 2000: Email from Mr. Bill to Michael

Subject: Déjà Vu

Your case is causing the hairs on the back of my neck to stand on end! I was browsing through all the pages of your trial transcript trolling for names and I came upon the names of 6 people that I know! Their names are as follows:

1. TEA- He testified as a defense witness at your trial. He hung around with MH. He is currently living on the same street that I do about a block down the road. I have known TRA since 1980. He is a real scumbag. He runs around and cheats on his wife (and beats her just like his dear old step-daddy used to beat TEA's mother.) He is a small time drug dealer too. Has a bad temper and gets in lots of fights.
2. RLA- TEA's pothead wife. She works as a mortician in Azle.
3. LWC- He lives across the pond from me. I have known this sucker since 1985. He is a professional bull- shitter and ladies man. He has been married 7 times that I know of.
4. MTC- One of LWC's many wives.
5. MFH- LWC's step-son and neighborhood punk.
6. RC- LWC's son. Bought my wife's pickup about a year ago!

Just goes to show you that it's a small world. By the way, what is your connection with any of the aforementioned people? Was your attorney trying to pin the crime on MFH and that is why these folks were called in to testify?

Later,
Mr. Bill

December 19, 2000: Email from Mr. Bill to Denise

Subject: Emails to Michael

Denise:

I have been sending Michael a bunch of emails lately and I was wondering if he was getting them? Does he have a computer in his cell? If not, then how does he get the email messages?

Mr. Bill

PS: I sent a letter to Dateline and Sixty Minutes yesterday requesting them to do a story on Michael's situation.

PPS: I was scanning through the trial transcript yesterday and came across the names of five people that I know!

1. TEA: I have known this worthless scumbag since 1980. He lives down the street from me with his wife RLA.
2. RLA: She is a pothead and mortician at an Azle funeral home.
3. LWC: Professional bull-shitter and ladies man. He has been married 7 times that I know of.
4. RC: He bought my wife's pickup last year.
5. MTC: One of Larry's many wives.

It's a small world, isn't it Denise?

William A. Davis, MCSE
“Nam et ipsa scienta potestas est.”

December 20, 2000: Email from Denise to Mr. Bill

Re: Emails to Michael

Bill,

Michael receives his emails daily from me. I am the only person who has access to his email and then I mail them to him everyday. You are right about the déjà vu stuff. I do think it is strange though. Thank you for sending the letters to all those shows. Maybe with a second letter to 60 Minutes they will look into talking to him.

Thanks,
Denise

December 20, 2000: Email from Mr. Bill to Denise

Denise:

I am not through sending letters. I am going to send letters to various and sundry magazines and newspapers and other TV news magazine shows. I will keep you all informed.

Mr. Bill

PS: I am still studying Michael's Trial Transcript. I have gotten through Richard Averyt's testimony. It is slow going but I am trying to spot holes in witness testimony and contradictions. If we can document enough discrepancies then perhaps we can get a lawyer that will be willing to see if he can get Michael a retrial.

PPS: Also, if we continue to try to keep this matter in the public eye then this case will not be forgotten.

December 20, 2000: Email from Denise to Mr. Bill

You are doing an excellent job. Too bad you are not an attorney. Maybe if there was an attorney as dedicated as you are, then Michael would have been out a long time ago. I wish I could spend more time working on this for Michael but the following reasons prevent me from doing so:

1. I work 70 hours a week.
2. I have 6 kids at home.
3. I don't have a computer or typewriter at home.

4. Finances prevent me from doing some of the things for Michael.

So as you can see, my time and money are restricting me from helping as much as I would like to. But I really appreciate all you are doing and I know Michael does as well.

Thanks,
Denise

December 20, 2000: Email from Mr. Bill to Denise

Denise:

You are doing a lot for Michael as it is. Keeping him in touch with the outside world is a lot in more ways than one.

Bless you!
Mr. Bill

December 21, 2000: Email from Jeff Bowden (D Magazine reporter) to Mr. Bill

Mr. Davis,

I don't generally write about murders by bombing or otherwise. I will, however, forward your email to Glenna Whitley, a Senior Editor with the magazine. Mrs. Whitley is an award-winning investigative journalist. She is better positioned to evaluate the merits of your proposal.

Best Wishes and Happy Holidays,
Jeff Bowden

Mr. Bill: Mrs. Whitely never found time in her busy schedule of writing fluff pieces about the great and near great Yuppies of Dallas to write a story about my wrongfully convicted “alleged” bomber friend, Michael Toney. Her loss, my gain--she could have won a Pulitzer for her article about Michael Toney. C'est la vie!

December 23, 2000: Email from Mr. Bill to Michael

Subject: James McCall

Mike:

Just got through reading Special ATF Agent McCall's testimony and I can summarize it in one word: BULLSHIT. That guy just got up on the stand and lied out his ass and got away with it! (Remember he was the man that said he could not recall anything about the investigation.) I am starting to go through Special ATF Agent JL's testimony and I would dearly love to catch this sucker in a lie because he is the nephew of my next door neighbor. Mike, I think that it was God's will for me to get involved with you because of all these little coincidences that keep turning up.

Hang in there dude!
Mr. Bill

Mr. Bill: I am giving advance warning to the gentle reader that the word “bullshit” will appear quite frequently whenever I am referring to testimony given by State witnesses. Whenever I read the State witness testimony for extended periods I would feel dirty from their damn lies and have to take a shower to wash the stench and the filth off.

December 27, 2000: Letter from Michael to Mr. Bill

Dear Bill,

I hope this letter finds you doing well. I received copies of your latest emails tonight. I'll answer your questions and then relay some very strange news to you.

I don't believe Susan Blount has a record. As far as the rest of the questions...I don't know. Oh yeah, according to the testimony Robert was inside when the explosion occurred. He was blown out the door. He was burned and is scarred now. I believe he works for Boeing in Seattle. He was just a kid in 1985 so I don't think he had a drug habit or anything.

In the discovery documents I found where Michael Columbus was seeing a married woman but other than that I don't know. He was only 18 years old.

Something that's interesting is the fact that Joe Blount rode with the Hells Angels and Sonny Barger. In a recent issue of Playboy magazine (the one with Chyna the wrestler on the cover) there's a story called “Biker Wars” or something like that. It is about some trials etc. They were doing a lot of bombings.

Now to the interesting thing that happened here. On Christmas night another inmate (not on death row) delivered a message to me. I won't say any names for obvious reasons but I will tell you how to find out who sent this message. The inmate told me that he has been trying to find me for a month. He said so and so told me to tell you that “he is going to get you off of death row because he knows you are innocent because he knows all the truth.” This inmate made it sound like the one that sent the message is the one that did it or was there. I don't know that but it's how he made it sound. Keep in mind that I don't know any of these people but this man testified at the trial. Now he says he didn't tell the truth. He is from Azle and he's here on the Terrell Unit in general population. His initials are J.G.O. You can find out who he is by looking at the transcript Volume 27. I don't know but I'm willing to bet he knows Doug Brown. (Mr. Bill: As of November 17, 2009 the mysterious J.G.O. is a resident at Michael's old alma mater, the Polunsky Unit in Livingston, Texas. His projected release date is 12-11-2012.)

With the business out of the way I'll get to your most important question. Yes, I do know Jesus Christ. Unfortunately, I didn't meet him until January 1997. I am a Christian. Jesus has held me together for the last 3 years.

While we're on the subject of Christianity I would like to introduce you to a very dear friend of mine. I'm enclosing a note I received from him so that you have his email address, etc. His name is Edwin Smith and he's my best friend after Jesus! Please send him an email and let him know you are trying to help me. He would be very happy to hear from you.

Now I can tell you how relieved I am to know that you are a Christian. You should have seen the smile on my face when I read “I would be delighted to tell you how to be free in Christ.” I'm freer now than I have ever been in my life. It's a shame that it took something so drastic to wake me up. I know now that God loves us more than we could ever comprehend. I wasn't only hurting myself but God as well.

I could go on and on about that! It's getting late so I will close this letter and get it in the mail. I can't thank you enough for your help. Don't worry; I know you're not an investigator. I don't get my hopes up about anything but I do remain confident that a break will appear somewhere and the TRUTH will come out. You are appreciated very much!!!

Your brother in Christ,
Cowboy

December 27, 2000: “Note” attached to Letter from Michael to Mr. Bill

Dear Michael,

Well, I suppose you have heard the latest by now. On my last visit to Terrell I made the mistake of leaving the visitation room and going over to the chaplain's office to inquire about the welfare of one of your friends. I was immediately confronted by Major Lester and another guard who took me to the warden's office. Warden Massey told me because I had left the visitation room he was taking me off all lists and that I would not be allowed back on prison property. So there you have it. I broke a rule I didn't know existed and for that got zapped. No surprise there my friend. I am sure he was more than a little ticked off by the article in USA Today.

Don't worry, I plan to continue to speak out and do any interview I get the opportunity to do. I have also spoken to the ACLU as his action violated Texas Penal Code statute 39.03 regarding my visitation rights. It may take a while but I feel that I will be reinstated. In the meantime, please help me to let everyone know what is going on in the soap opera.

I have sent some photos of my trip to Paris last month. There are some names on the back of a couple of them so you can put faces with names that you know. (Edwin was in Paris speaking to Michael's French supporters and anti death penalty people.)

Stay in touch with me by mail and we will ride this out as we have the other little bumps in the road. Apparently I have hit a few raw nerves there and they are punishing me for it. It's a real shame the state chaplains are so strong death penalty that they can't minister like they should. I have men writing all the time that they ask to see a chaplain and it takes months to get a visit.

Anyway, I hope you have a good holiday. Keep your chin up and I will see you as soon as possible.

Your friend,
Edwin Smith
Executive Director
Dove Prison Ministry International

Mr. Bill: Michael's most ardent supporters were a group of French men and women that formed an organization named Association M'AIM (Michael- An Innocent Man). Towards the end of Michael's life he feigned to be a Republican to get along with the contemptible conservatives but he still continued to accept the support of the “hated” French. Michael did what he had to do to secure his freedom but I will go to my grave condemning the GOP to hell and loudly proclaiming vive le France! (Will Rogers never met George Bush Jr. or any of his contemptible neo-con tools!)

December 27, 2000:18:48- Email from Mr. Bill to Michael

Subject: Missing Pages

Michael:

I am going through your ex-wife's testimony and I noticed that pages 29 through 32 of the official court transcript is missing! (That would be page 8 of Kim's webpage copy- page 7 has been duplicated and stuck where page 8 should be.) Is there something on pages 29 through 32 that could make or break your case?

Mr. Bill

Mr. Bill: Michael's reply to this query, “No.”

December 27, 2000:2000- Email from Mr. Bill to Michael

Subject: Briefcase Latches

Michael:

In her testimony, Kim said that your briefcase had combination locks on the latches but Robert Blount said in his testimony that Angela just sat on the couch and flipped the latches open...Does it make sense to you that the briefcase in question on Thanksgiving Day 1985 would have locking latches? I can only conclude from Robert Blount's (sworn) testimony the briefcase that he saw on that fateful day did not have locking latches (therefore, it was not your briefcase.)

Mr. Bill

Mr. Bill: This reinforces the old saying, “the devil is in the details.” I do not profess to be a hit man but it stands to reason that a bomb that is designed to detonate when the briefcase is opened would not be placed in a locked briefcase. Michael's briefcase had combination locks and there is no way in hell that it could have been the briefcase that took out the Blount family.

December 25, 2000: Michael Toney's Journal

Today, the loneliness and despair are so thick I can almost see it. It's so very quiet. What's going through the minds of the condemned?

Yesterday, the radio news reported, “Christmas is just another day for the men and women on Texas death row.” They're wrong, as usual. It's not just another day, it's Christmas. Christmas is a time to rejoice and celebrate with family and friends. Christmas is a time to give gifts. Maybe the radio news is partly correct. It is not just another day but it is another day of precious life. For many on death row this will be their last “living” Christmas.

Everyone must keep in mind what Christmas really is. The One that was born on this day so long ago offers all of us a gift: The gift of eternal life. His offer extends to everyone, even the men and women that are condemned to death.

I can't help but ask myself these questions. Has everyone forgotten what Christmas really is? Today is the birthday of Jesus Christ, the One that gave His life to pay for our sins and to give us eternal life. To accept His gift of eternal life we must ask His forgiveness for our sins and accept Jesus Christ as our Savior.

Today I seem to have more questions than I do answers. How can a society that is supposed to be based on Christian faith judge and condemn others to death? If a person sitting on a jury finds a person to be guilty and decides that this person should be sentenced to death, isn't that the same as murder? What if that jury is wrong and they sentence an innocent person to death, isn't that murder?

I ask these questions because I am an innocent person that has been sentenced to death. I have forgiven the jurors that were wrong in convicting me and sentencing me to death. I have asked God to forgive them but it’s not me that must ask God, it is them that must ask God to forgive them. I also forgive the people that lied to the jury and caused them to come to the wrong conclusions, but once again it’s not me that must ask. If the jurors and the people that lied under oath ask God to forgive them today and I am put to death tomorrow does God forgive them in advance or do they have to do something to correct what they have done? If my life is taken because someone lied under oath, isn't that the same as murder?

What is the purpose of a death sentence? Is it punishment or vengeance? Doesn't the Bible say that vengeance is wrong? When a person takes the life of another and the decedents loved ones seek vengeance and want the murderer put to death, isn't that murder? To have murder in your heart isn't that sin?

I don't believe anyone ever has the right to take the life of another. I don't believe anyone has the right to judge whether or not another human being has the right to live. We are human. We are not perfect. We are not God.

Sometimes when I ask others about this they quote what the Bible says about an “eye for an eye.” But didn't Jesus Christ change all of that law?

As I ask myself these questions I can't help but think about the jurors that decided I have no right to live. I can't help but think about the people that lied to those jurors and caused them to come to the wrongful decision in convicting me and sentencing me to death. What does God think of them? As far as the jury goes, I'm reminded of what Jesus said while he was being crucified. He said, “Father, forgive them, for they know not what they do.” This still leaves many unanswered questions. I am innocent of the crime I was convicted of. God knows I have never taken the life of another or even considered taking the life of another but none of us are really innocent. Jesus was the only innocent person to walk the face of the earth. Jesus was wrongfully executed. What about the fact that those jurors want me put to death? What about the victims loved ones that want my life to be extinguished? What about the people that lied under oath so that the jury would come to the wrong conclusion? Does God forgive them? I don't know but all of this sounds like people asking God to forgive them for what they do tomorrow.

I think the simple answer to all of these questions is that no one ever has the right to take the life of another or to decide who has the right to live or die.

We are only human. “To be human is to err.”

By Michael Toney
“An innocent man condemned by lies”
A la poursuite de vérité et justice...nous rester!!!

December 29, 2000:1318- Email from Mr. Bill to Michael

Mike:

After reading Chris Meeks' testimony I can summarize it in one word: BULLSHIT. How in God's name could a jury of your peers believe this lying, backstabbing weasel's testimony? I categorically reject Meeks' testimony for the following reasons:

1. His testimony was inconsistent and contradictory--he contradicted himself and he contradicted Kim's testimony. (e.g.: orange juice bottle lid, briefcase latches, times, dates, etc.)
2. He had been granted liar's immunity and admitted that he had lied to the Grand Jury on two separate occasions.
3. He had been granted immunity from prosecution by the Feds.
4. He was giving his testimony from a prepared script that he had in his lap while he was on the stand.

Was the jury in a coma while he was up there lying through his teeth or were they bought and paid for too?

My two cents worth,
Mr. Bill

Mr. Bill: The preceding email indicates that Michael Toney consistently referred to Chris Meeks as the “idiot Chris Meeks.” I preferred to refer to Mr. Meeks as the “lying, backstabbing weasel Chris Meeks.”

December 30, 2000:2328- Email from Mr. Bill to Rev. Edwin Smith

Subject: Cowboy Toney

Dear Reverend Smith:

A brother in Christ and new friend named Michael “Cowboy” Toney asked me to drop you a line to let you know how I am trying to help free him. I have been bombarding various and sundry public officials with letters urging them to re-open the investigation of Michael's case and retry him. I have also been bombarding various and sundry TV news magazine programs, newspapers and magazines urging them to do a story on Michael. (I have also been scrutinizing Michael's transcripts noting the blatant contradictions and lies and investigating the backgrounds on some of the witnesses.)

Michael and I made each other's acquaintance through the 2000 Presidential election: I wrote an angry letter to the Fort Worth Star-Telegram which made a tongue-in-cheek prophecy about the future under a George Bush Jr. administration. Michael happened to read the paper that day and my letter struck a chord with him. He also noticed that I live in Azle where we believe that the real murderer lives. (I also have the misfortune of living in the Shangrila Estates community where such “worthies” as MFH, TEA, RLA, MB, RC, LWC, MTC, etc. live and I also know these people!) I think that it was God's will for Michael and me to get hooked up because there are just too many “little coincidences” that fell into place to affect our meeting.

Well, that is about all for now. I will be praying for you and your ministry. If you would like to know a little bit more about me then visit my page: http://web2.airmail.net/Mr. Bill (Mr. Bill: This site is now defunct).

Yours in Christ,
Mr. Bill

January 3, 2001: Letter from Michael to Mr. Bill

Hello Mister Bill,

I hope this letter reaches you having a blessed day. I pray you and your family had a very merry Christmas and the new year is blessed. I'm doing alright except for the fact that I'm freezing! This prison was put on a yearly 'lockdown' status yesterday and for some peculiar reason the heating is off. The walls are like blocks of ice. Oh well, its prison!

Today I received copies of your emails so I will answer your questions as well as I can.

About Kim's testimony I wasn't aware of the missing pages on the web site. I do have copies of the entire transcript. Denise has asked the owner of that web site to correct the problem. If he doesn't I will send you her entire testimony. It's not easy for me to say this because she is the mother of my daughter but she lied through her teeth. She said some things that were calculated by the prosecution to make that jury hate me and want me dead.

I didn't even own a briefcase in 1985. I didn't use one until 1988 or so. The briefcase she mentioned is one that I used when I worked for the Tarrant County Adjustors in 88-89. The ATF found pieces of the briefcase that allegedly contained the bomb and actually reconstructed the bomb in a similar briefcase for the trial. The briefcase I had in 88 was brown and had gold-colored combo locks. It was a cheap briefcase.

I AGREE!!!! The Meeks testimony is BULLSHIT but so is KIM'S! Meeks didn't have any idea what he was saying. He couldn't even answer the questions without looking at the script. He would say, “I don't remember, let me see.” And then he would look for the answer. Not only did he have--LIAR'S immunity he had transactional immunity...meaning he couldn't be prosecuted for the crime itself. The really odd part is the jury knew he was lying. If you'll notice when Kim was testifying, she was asked if Meeks was an honest person. Her answer was, “Yes.” When she answered “Yes” the jury and the judge laughed.

Here's something you'll find very interesting and Denise can give you a copy of this. An old man named Finis Blankenship was in the (Parker County) jail with me while I was waiting to go to trial. He was always asking me questions about the case but I didn't know anything to tell him. It was obvious the man was trying to get information from to bargain with prosecution on his own case. In the opening statement the prosecution says “...and then you will hear admissions by the defendant.” They were referring to the testimony of the old man (Finis Blankenship). He was the entire basis for the State's theory. He told them that I said, I was hired to kill someone by a man named R. Brown and that it was over 4 kilos of heroin. He said that I was to be paid 5000.00 but received only 2500.00 because the wrong people were murdered. This is all a lie. He made it up to get a 'deal' on his CHILD MOLESTATION charges which he had reduced to a misdemeanor. Don't worry, he's in prison because the parole board revoked his parole on a prior 50 year sentence. Now for the good part- he was supposed to testify in the first phase of the trial but he refused because they wouldn't release him before hand. He did testify in the punishment part of the trial. He was the entire basis for the State's theory of “transferred intent.” Meaning he meant to kill someone else but killed these people by mistake. Because of his BULLSHIT theory they were able to convict me. The indictment said, “Knowingly and intentionally killed Joseph Blount, Angie Blount and Michael Columbus.” But there is no evidence of that so they used the old LIAR'S theory and were able to convict me of transferred intent. The State has to prove every element of the indictment beyond a reasonable doubt but because of the old man's theory they didn't have to do that. Now for the interesting part- the State is obligated by law to reveal any deals they have with their witnesses. They didn't do this. They denied all deals. After the trial the old liar filed a lawsuit in Federal court naming the D.A., Michael Parrish, The ATF and Judge Drago as defendants. In the lawsuit he says that he had a deal with them but they didn't uphold their end of the bargain. Denise has a copy of the lawsuit.

About Meeks, I've been trying to get his police records from Roswell, N.M. but the police chief wrote me and said the record is very thick and quoted an outrageous price for making copies. I'm still working on that. I did get some Texas records on him that prove he lied and showed the tag number for the truck. Denise was supposed to send the records to you. I also got his military record which doesn't say anything other than he got an HONORABLE discharge which really surprised me. You should have seen this character. He looked like a railroad bum. He had hair down to his backside and looked like he had been sleeping under a bridge. He was shaking and stuttering like he was scared to death but the State made it sound like he was afraid of me. He was afraid because he was lying through his TEETH. The man said, I drank “screwdrivers.” I've never drank hard liquor. The whole purpose of that lie was to bring in ORANGE JUICE. My lawyer asked him about concentrated orange juice because he said, “Mike never drank concentrate.” He didn't even know what concentrate is!

Have you seen the site at http://Pcase.homestead.com/Michael_Cowboy_Toney~ns4.html (Mr. Bill: This site is now defunct)? I ask because it has some more information about my ex-wife and her boyfriend. I really think that he put her up to lying to get the reward. When they first questioned her she told the truth and said, “I don't know anything and Mike never said anything.” But then she said they went to the library and read all the old news clips about it. Then all of a sudden by some “miracle” she called them back with a new story. It's all completely crazy. I've NEVER been to the place!!

Bill, thank you for your help and believing in me. It means more to me than I could ever say. Excuse my terrible typing. When I write about this case, I get real anxious and make a lot of mistakes! I may be going to the hospital in Galveston some time soon. I don't know how long I will be there but Denise will let you know what's going on. I hope Edwin has responded to your email. He's a very good man. I'm sure you will like him.

Your brother in Christ,
Cowboy

January 13, 2001: Letter from Michael to Mr. Bill

Bonjour monsieur Bill,

I hope this note finds you having a blessed day. I want to give the enclosed book (The Prophet by Kahlil Gibran) to you as a gift. I'm hoping you haven't read him. I think you'll enjoy it and find it enlightening.

I knew you were born in Midland from your web page. I didn't know your mother is in Alaska. I seem to remember something about that mining scheme. I worked in Kodiak. The company I worked for built the school.

I'm of Native American heritage too. My father's mother was Cherokee. She was born on a reservation in Alabama (Mr. Bill: This reservation no longer exists.). She met my Bulgarian immigrant grandfather during “the Trail of Tears.” My grandfather had stowed away on a ship to escape communism. My grandmother died about 5 years ago when she was 107. My grandfather died the year I was born when he was 73 years old.

I'm registered to receive Indian benefits but I've never used it. For some strange reason I'm the only light complected, light-eyed (Mr. Bill: Michael's eyes were green.) one in my family.

Do you communicate with your mother? I'll bet she knows of a restaurant called “Gwennies” on Spenard. There was a gold mining outfit right up the road from there. I loved Alaska. It's very beautiful. That's where I started flying. I've had planes on the brain since.

Bill, I want you to know I'm very ashamed of the path I've taken through life. I have a lot of regrets.

Did you get the letter in which I mentioned Gaylen Oates? If you haven't read the enclosed Grand Jury testimony of Meeks you'll get a good laugh out of comparing all his lies. I tried to mark all the lies but I gave it up.

Your brother in Christ,
Michael

January 16, 2001: Letter from Mr. Bill to Michael

Michael:

I got your letter and book today. Thanks dude! (but you really didn’t have to do that) Your little nephew, Hunter is a fine looking little boy and I hope that someday soon he will be able to meet his uncle without those ugly cold steel bars blocking his way. Sorry that it has been awhile since you last heard from me. I am off Christmas break and going back to school. I am going to college over the Internet to get a BS in Information Technology at the advanced age of 49. (Who says you can’t teach an old dog new tricks?)

I got an email today from a lady named SA in France. She told me that she is working to get your legal representation straightened out. By the way, what’s with all the French? Are you part Frenchie or something? (I took a year of French in the ninth grade.)

I have a sister and two beautiful nieces that live in Florida. She called us last week to tell us that as she was coming back home with one of the girls that some punks threw a rock off of a freeway bridge that came right through the center of her windshield! I thank God for sparing them because that rock could have killed them.

My wife is suffering from empty nest syndrome- our 25 year-old boy and his girlfriend moved out on New Year’s Day. (C’est la vie!) We are hoping he will stay on the straight and narrow. He has had a few scrapes with the law: a pot bust and a DWI.

Speaking of the straight and narrow path, it is so easy to fall off that path. I realize that you have a lot of regrets about the mistakes that you have made in your life but you should stop beating yourself over the past and look toward the future. God has forgiven you, now forgive yourself my friend.

Later!
Mr. Bill

PS: I have kept a daily journal since 1994. I bet my life is boring in comparison with yours. I told my wife once that the only fear of death I had was that someone else’s life would pass before my eyes when I die!

February 3, 2001: Fax from Mr. Bill to Mr. Graczyk (CPIES)

Capital Punishment Investigations and Educational Services
3530 Forest Ln Suite 314
Dallas, TX 75234

Mr. Graczyk:

I am sending you this fax in behalf of DD. DD asked me to send you some information concerning Michael Toney. Michael Toney was wrongfully convicted for the 1985 Lake Worth bombing which resulted in the deaths of three people. Michael's conviction was based solely on the basis of perjured testimony provided by his ex-wife and former business associate. Both of these disreputable witnesses had been granted immunity from prosecution by the Justice Department in exchange for their testimony to close a case that had been unsolved for 12 years. (i.e.- the ATF wanted to clean some egg off their face.)

There is no direct physical evidence that can link Michael Toney in any shape, fashion, or form to these murders. Michael was convicted solely on the basis of perjured testimony. A cursory examination of the trial transcript of the two key state witnesses: Kim Toney and Chris Meeks reveals that these two characters are lying through their teeth. During the course of my examination of their testimony I found that not only did their testimony contradict each other's testimony but that they also contradicted their own individual testimonies! A copy of Michael's trial transcript can be obtained by going to www.outlawzzz.com (Mr. Bill: This is now a porn site)and entering “Toney” as the inmate database search term. When Michael's record appears click on his name. When you get to his page then use the drop down menu to go to the Law Library where you can access his trial transcript. Another good source of information concerning Michael Toney's case is at the following url: www.geocities.com/savemichael (Mr. Bill: This site is now defunct).

I could send you a list of discrepancies from the transcript but I do not want to influence you from forming your own opinion and drawing your own conclusions at this time: the discrepancies and contradictions in the witness testimony are glaringly obvious. After you have had time to study the transcripts and record the contradictions, then if you would like to compare my list of contradictions with your list then I would be happy to oblige.

Thanking you in advance for your help to free Michael Toney,
William A. Davis

Mr. Bill: As far as I know, CPIES cheerfully accepted M'AIM's hard-earned contributions and returned nothing of any real consequence. Michael's legal teams from 2008 and on cracked the case when they exposed Chief Prosecutor Michael Parrish's misconduct: he withheld 13 file boxes of exculpatory evidence that would have found him totally innocent of this heinous crime.

February 26, 2001: Letter from Undercover Informant BHH to Sheriff QS forwarded to CPIES

(Mr. Bill: Names, dates and places have been disguised to protect the identity of the letter writer. The writer of this letter alleges that he knows someone who knows the identity of the 1985 Lake Worth Bomber.)

April 17, 1999

Dear Sheriff QS:

I pray that my letter finds you doing well and in good spirits. The reason for this letter is so that I can relay some most important information to you in hopes that you will forward same to the person or persons that may be interested in what this letter contains.

Q, during the time of the UFE ordeal in 1985-1986, I was working undercover for Detective YD, of the XXX County Sheriff's Office, regarding the possible involvement of the UFE Clan in the briefcase bombing of a Lake Worth, Texas mobile home belonging to Joe and Susan Blount and in which Joe Blount, Angela Blount and a nephew Michael Columbus were killed. I did finally work my way within the UFE organization with the help of a EU who was incarcerated in the XXX County Jail but was released on my request to assist me in my infiltrating the UFE Clan Organization, but before I had the opportunity to find out whether they played any part in the crime, I was kidnapped by the UFE Clan and later made to manufacture amphetamines and meth, then at a later date made at gun point to dispose of the body of ZC, a crime which you later became involved in while you were a Texas Ranger.

Q, the other day while I was at the unit library going through the Fort Worth Star-Telegram, I ran across a brief story regarding a Michael Roy Toney, who is currently on trial for the bombing. The reason now for my concern is because I was never debriefed by anyone involved in the case, and second of all, I think that it is possible that Toney may be innocent. The reason I say this is because while I was at the XXX Unit in Texas, I befriended an inmate by the name of XK, a black man who was once involved with LE and K and BT who were at one time notorious for manufacturing amphetamines and meth as well as murder. During one of our many conversations, he made mention of the mobile home bombing and said he was in the vicinity at the time of the bombing and that he knew who had did the bombing. The reason I was all ears during one of our many conversations was because he knew some things about the bombing that is very possible that only some one with first hand knowledge would have known like the bomb being placed on the porch or that it was in a briefcase. All this was told to me by XK that he advised the Fort Worth Star-Telegram on two occasions and wrote a story about the bombing in which the ATF had gotten involved in said case. The story stated that they had suspects in the bombing case, that the suspects were meth distributors. Some were now dead and some were currently doing time in prison. I'm not sure whether the suspects they were referring to as being dead were XC, MQ, KT or DN who was on death row in Huntsville.

During my investigation in 1986, I informed Detective XC that a few months before I became an informant and went undercover for the XXX County Sheriff's Office that I had seen DN with numerous sticks of dynamite inside of a tote bag and that he intended to take the explosives to UFE's house on the North side of XXX.

Q, I had intended to contact Detective XC with the enclosed information but was not sure whether he was still employed as a deputy with the XXX County Sheriff's Office and for the fact that I would soon be paroled at the time and that I could personally go to speak with the ATF officer in charge of the Task Force investigating the Lake Worth bombing.

Now, the other thing I wish to address is that I have been reading newspaper articles after articles concerning the epidemic of the clandestine speed labs in the XXX Metroplex area as well as in the state of Texas as a whole. Throughout my eight years of incarceration I have taken your advice to me to heart. Yes, Q, you are so right, I do have too much on the ball to waste my life in the drug business as you once told me. And I have had nothing but time to ponder about what you stated in your last letter to me when you said that I should just figure out what is right and do that, and that we all can think of reasons not to do right that may or may not come to pass but that we still needed to do right. And I do agree with you that death by doing right is better than life doing wrong. Q, I do not know whether you may be in the position or know of someone who is, who would possibly consider using an ex-speed manufacturer as myself in a sting operation on the new as well as the old speed cooks who manufacturing the Nazi Meth, amphetamines, meth, etc. There is no doubt that these manufacturers would and are more apt to purchase the chemicals and glassware they need to make their dangerous drugs from someone who is well known to them than purchasing chemicals from a person who is unknown in any of the speed circles. I do not have to tell you that I realize that I have ruined and wasted my life trying to beat the law enforcement authorities. I only wish that I would be given a chance to prove myself to all the people who matter in my life and a chance to show my family that a person who was once lost to the drug culture can make his way back and help make a difference by taking a big bite out of crime.

In exchange for my services I would only request that the governor would consider giving me a full pardon after I help law enforcement authorities close down an x amount of speed labs. I am aware that I will have to relocate myself in another state and that I will put my life in danger, but like you said Q, “Death by doing right is better than life by doing wrong.”

Q, I have contemplated contacting D.E.A. agent SDE, Jr. who was the agent in charge of the D.E.A. undercover operation (Dry Gulch) the purpose of “Dry Gulch” was to identify clandestine manufacturers of illegal drugs in the 80's but I am not sure whether he is still with the XXX office, so that I could submit my proposal to him to see if the D.E.A. would be interested.

Well, my true and trusted friend, I will let you figure out what you think I should do on the Michael Roy Toney deal. If you think I should keep quiet and stay out of it, I will. I am willing to take it to my grave with me.

Q, I'm sorry for writing you such a lengthy letter, but, I had to make up for the months I have failed to correspond with you. (smile!) Let me hear from you whenever you have time to write. Remember that you are always in my prayers and thoughts.

Sincerely and respectfully yours,
BHH

Mr. Bill: I forwarded this highly convoluted and possibly fabricated letter to a Mr. Leonard at CPIES. Nothing ever came out of this letter. Michael's post-trial investigators were never able to corroborate any of the fantastic claims in this letter from BHH to Q.

Hindsight is a wonderful thing and after I studied this letter again 10 years after it was written, I came to the conclusion that this letter may have been fabricated by Michael! I am very well acquainted with Michael's writing style (stilted awkward phrasing, long run-on sentences, excessive use of contractions and the use of big words when a simpler word would suffice) and his style is very evident throughout this letter, particularly in the first line of the letter and the closing line--I have 9 pounds worth of Michael's letters that all open with words to this effect: “I pray that my letter finds you doing well and in good spirits” and inevitably ending with “Sincerely and respectfully...”

The last nail in the coffin of this letter's validity is its time-date stamp and return address. At one point in this letter BHH (aka Michael Toney?) states: “Q, the other day while I was at the unit library going through the Fort Worth Star-Telegram, I ran across a brief story regarding a Michael Roy Toney, who is currently on trial for the bombing.” BHH must be a gifted clairvoyant because Michael's trial started May 10, 1999 and this letter to Sheriff Q was written April 17, 1999 according to the time-date stamp on the letter placed by the XXX Unit inmate mail censor.

The return address on BHH's non-censored letter indicates that he was in a state prison unit approximately 1000 miles Northwest as the crow flies of the Polunsky Unit and Michael was in a Parker County Jail cell waiting to be transferred to the Tarrant County Jail for his murder trial. How and when did these two “partners in crime” ever meet? If BHH and Michael had a relationship then it was purely postal--I don't think that they were ever in the same prison unit at the same time.

Why did Michael concoct this bogus letter? I can think of two reasons. Michael was getting desperate and he could see the handwriting on the cell wall. He realized that his lies and loose lips were about to get him into a world of hurt so he instituted plan “B” to bail out his young misguided butt. Lastly, this bogus letter was just one of many ruses and schemes that he played during the course of his incarceration to muddy the waters and unlock the door on his cell. Michael loved to play games with the screws and people in general. I could write another book just about Michael's games--he would have made Prince Machiavelli proud!

March 18, 2001: Letter from Mr. Bill to Michael

Dear Michael:

Sorry that I have not written you in awhile but I have been very busy with this dumb college class that I am taking which has eaten my lunch. But I want you to know that you have not been forgotten in the interim. Attached to this letter is a copy of some proposed bylaws (authored by Mr. Bill) for the Michael Toney Legal Defense Association. SA asked me to mail this to you for your review. (She is a remarkable woman and I have nothing but the utmost respect and admiration for her.)

We are trying to implement a method whereby funds that have been contributed to this fund can be used to pay your legal expenses and supplement your inmate account balance. After you have studied these proposed bylaws please contact SA and let her know what your opinion is so that we can get the ball rolling to start your Defense Association.

Your brother in Christ,
Mr. Bill

Mr. Bill: Okay, so what's this letter all about Alfie? To make a long story short, at the behest of Association M'AIM and Michael, Denise and I started a non-profit organization called the “Michael Toney Legal Defense Fund.” The organization came into being April 27, 2001 and was dissolved October 10, 2002 after I discovered that wire transfers by Western Union were easier to transact.

April 19, 2001: Email from Michael to Mr. Bill

Subject: Proposed 2 Year Moratorium on Texas State Executions

A staff writer for the Fort Worth Star-Telegram is writing an article regarding the proposed two year moratorium on death penalty (executions). She has asked me to have others write to her regarding how you feel about the proposed moratorium and why you feel it is necessary, etc.

Understand that whatever you write may very well be published. And be sure to seal the envelope before sending, it is privileged, “Media Correspondence” (this instruction was directed at inmates). I've known this writer for quite some time and I know it is her desire to write an article regarding both sides of this issue.

Please everyone write to her and tell her how we feel about the executions. Here is her address:

Fort Worth Star-Telegram
Ms. Gabrielle Crist
400 W. 7th St.
Fort Worth, TX 76102

Thank You,
Death Row Inmate Michael Toney

April 19, 2001: Letter from Mr. Bill to Gabrielle Crist, Fort Worth Star-Telegram reporter

Dear Ms. Crist:

A friend of mine named Michael Toney that is currently residing on Texas Death Row asked me to tell you how I feel about the proposed two-year moratorium of the death penalty in the state of Texas. So in compliance with my unjustly convicted friend's request, here goes...

I am strongly in favor of the two-year moratorium of the death penalty. I am ashamed to live in a state that has the dubious distinction of holding the record for the number of executions per year. It is time for a cessation of these barbaric state-sanctioned murders so that calmer and cooler heads might prevail.

Before I met Michael Toney, I am ashamed to confess that I was an ardent supporter of the death penalty and capital punishment. Since I have thoroughly investigated Michael's case, I have come to the inescapable conclusion that he is innocent and is the victim of a government frame-up by the perjured testimony of two bought and paid for government liars (a.k.a witnesses for the prosecution with immunity).

When I realized that Michael Toney was innocent and facing the supreme penalty, then I began to wonder how many other men and women on Death Row were facing execution for crimes they did not commit. If just one innocent man or woman is executed then that is one person too many!

The American legal system is seriously flawed concerning capital crime cases. Under the present flawed system, if you have enough money to burn and your skin is the right color then you can have the best justice that money can buy and walk away from a murder conviction. (Remember Cullen Davis?)

I pray that this two-year moratorium is approved so that every inmate on Death Row gets the opportunity to have his or her case reviewed. I also pray that every inmate on Death Row can have their DNA tested because it seems that a whole lot of innocent people have been freed when it was discovered that their DNA did not match the DNA found on the bodies of their alleged victims.

Someday the Death Penalty will be abolished when we realize that people that murder other people in cold blood are mentally ill and need treatment--not execution. I pray that our current President (Bush Jr) sees the error of his ways and abandons his flippant, callused attitude towards the unfortunates on Death Row that are waiting for their lethal injections--Death is not a laughing matter President Bush!

Sincerely,
W. A. Davis

Mr. Bill: My impassioned letter to Ms. Crist must have struck a chord because she published it verbatim with her article on the proposed two-year moratorium of the death penalty.

April 20, 2001: Email from Michael to Edwin Smith, Denise and Mr. Bill

Subject: Michael Toney Legal Defense Association

This letter is a must do thing. In the letter I received from SA (the M'AIM chairperson) last night she relayed to me that I needed to get with Bill regarding the defense fund. I should have known that this was my responsibility from the beginning. I can't expect her to do everything from France. God knows she's a very busy professional woman not SUPER woman. I was going to write directly to Bill but I would have had to write a letter to Denise and Edwin also. So I'm going to attempt all of this--through one letter, DD. I am sure you can relay contents of this letter to each by email. (Sometime around March 2001, Michael made the acquaintance of a lady named DD. DD lived near the Polunsky Unit and was in a better position to relay messages from Michael to the world. This letter from Michael was addressed to DD and Michael directed her to email this letter to the usual suspects: me, Denise, Edwin and SA.)

DD you've said as much but I am assuming you want to be a part of the association. I hope I am right because I want you to be on the board. I'm also hoping Edwin will be willing to participate. It is important he is involved, first of all because he is a very special friend to me and if it wasn't for him I would probably be dead. I know how he feels about the D/P (Death Penalty) and about miscarriages of justice. He knows what this place is like and he knows what many of the men in this hell hole are like.

Bill, I know your main concern is my well being and correcting the wrong that has been done. But I have never asked you how you feel about the D/P). (Bill, this is DD. I think after Michael reads the letter you sent Ms. Crist he will know this.) Yes, Bill that is a question. I understand that most Southern Baptists are Pro Capital Punishment. Our association will be about wrongful convictions BUT everyone must understand that sometimes a person is guilty of murder but not guilty of capital murder. The reason this is all very important because our association will continue to raise money and fight for people that are wrongfully convicted regardless of whatever happens to me. I believe in my heart 100% that I will be free in the not so distant future and in the event that I am free I will continue with the fight and the association. In other words, I may be sole beneficiary now and am the purpose of the association but it will continue.

****

Mr. Bill: Michael and I never had long discussions about religion and politics. If we had discussed religion, then I would have told him that I was NOT a card-carrying hard-shell Southern Baptist--I preferred to think of myself as a Christian that just happened to frequent Southern Baptist Churches (since there seems to be a Baptist church on every corner where I live). I am adamantly opposed to the Southern Baptist leadership's policy of ignoring the separation of state and church and sleeping with the enemy: government. I pray daily that the Southern Baptists will abandon their incestuous love affair with politics and return to their first true love, Jesus, and the mission that he gave to his bride: to spread the gospel to the ends of the earth until he returns in glory! (I don't see this happening in my life time as long as the Greedy Old Party panders to the religious right and “fundamentalists” control the Southern Baptist Convention.)

****

This is one of the things that must be added to the constitution: this association's purpose is to aid in the investigation and defense of the wrongfully convicted. Another thing that should be changed is where it mentions my personal expenses. I don't think that it should be so specific but should just say expenses of daily living in prison or something to that effect. Of course the constitution should state that the association expenses such as postage, etc., will come out of the general fund.

Now for the difficult part- I know that there is some concern as to Denise and the fact that she may have a conflict of interest. I disagree with this completely. Sure she did testify for the state at my trial but she will not be testifying again. They would never call her as a witness because of the fact that she was threatened and this is detailed in an affidavit. The state would not want that to be before a jury. In the event she is to testify in an evidentiary hearing there would be no conflict because she admitted that her previous testimony was inaccurate. Its important to me and to her that she be a part of the association. She has done a lot to help me over the last two years and will continue to do so. In fact, I'm thinking that her location will be very helpful because the association checks require two signatures. If she is one of the two people authorized to sign the checks, they would have to be mailed to someone for endorsement which would be another unnecessary delay. I don't believe we have enough people involved locally right now to put anything to a vote. Of course, we will have to have a president. I feel that SA is most knowledgeable and should be our president for the time being. But you may feel differently and she may not want the position. Bill, I would like to see you as the treasurer and a board member (or officer). DD, I'd like to see you and Edwin as board members. I am asking my friend, attorney Roger Blair to be legal advisor. Of course, as things progress we will have more members. The main thing is getting started.

We have to get an assumed name certificate (or DBA) which can be obtained by Bill and Denise at the Tarrant County Court House and a bank account has to be opened so that money from over seas can be wired directly to it. Another thing is the association's address. Between Bill and Denise I'm sure they can arrange that even if it is a P.O. Box for the time being. Bill already knows about the 501(c)3. I'm hoping all of you can discuss Bill's position by email.

One other thing is the name of the association. I don't like to use the word “association” because there are far too many associations in regards to the D/P that don't do anything. Then on the other hand, we are not only concerned with the D/P. This is up to you but I think “Michael Toney Foundation” would be adequate. I'm hoping you can discuss the name too. The main thing is to get the ball rolling. If I wasn't here all this would be much easier but then if I wasn't we wouldn't need to do it. We also wouldn't have come together.

I'm hoping with everything I've said this will get things moving here in the USA. God knows SA has done the biggest part of everything thus far. We can't wait on her to do everything. We have to take some initiative ourselves. Keep in mind that I am completely open when it comes to positions you all will be taking. I'm just making suggestions to get things going. I'm sure all of you have the same goal in mind so positions don't really matter.

I need to wrap this up because I keep DD too busy as it is. Bill, I ask about you feel about the D/P because I know how everyone else feels and we don't need any conflicts in the future. Its better that we know how each other feels on this subject.

****

Mr. Bill: Okay, for Michael's sake and the gentle reader's sake, let's settle once and for all how yours truly feels about the death penalty. Before 9/11 I was adamantly opposed to the death penalty. But after Bin Laden and his gang of murdering criminals killed 3,000 of my fellow Americans I came to the conclusion that the death penalty should not be completely revoked because of the evil that some men do. In regards to Michael's situation, I worked for his release because the evidence convinced me that he was innocent and had been wrongfully convicted by a government kangaroo court for the non-capital crimes of being stupid and having a big mouth. If at any time during the course of our relationship I had developed the slightest doubt about Michael's “innocence” I would have dropped him like a hot potato and told him to die and go to hell! (I have no love or mercy for terrorist bombers.)

****

I hope all of you can get organized and begin now. Just to let everyone I'm feeling very good about everything. God is answering our prayers. He is exposing the TRUTH. I'm anxious to hear from T and B. It's been a while since I heard anything from them. I'm very anxious to see their reports and get copies of everything. Bill, you did a very good job on the bylaws.

****

Mr. Bill: Michael wrote: “Bill, you did a very good job on the bylaws.” This is a classic Michael Toney understatement. I wrote the bylaws for my church and a local non-profit community service organization. I also obtained state charters for these two organizations and 501(c)3 federal tax exemptions.

****

I'm grateful to every one of you and I believe I'll have the opportunity to show that gratitude in the not so distant future. I send each of you much love and know that you are in my prayers.

Michael

Mr. Bill: The preceding email shows that Michael had a tendency to be an over-bearing anal control freak. His insistence that the Defense Fund Association should be firmly under his thumb planted the seeds for its ultimate demise. The Defense Fund's bylaws limited its flexibility and ability to take action without getting the approval of its incarcerated chairman. The Association M'AIM was not hamstrung by Michael Toney's restrictions and was able to successfully raise the vast amounts of money needed to support Michael's quest for justice and freedom. After the demise of the Michael Toney Legal Defense Fund, I assumed the role of M'AIM's American representative and handled M'AIM Western Union wire transfers to Michael's inmate petty cash accounts, purchased books and stationery for Michael, paid tuition for a para-legal course, and made payments to lawyers and bondsmen all on M'AIM's dime. Michael's struggle for justice and freedom would have gone nowhere without M'AIM--none of his “compassionate conservative Republican American friends” donated a dime towards his cause.

April 27, 2001: The Michael Toney Legal Defense Fund Board Organizing Meeting Minutes

The acting moderator, Denise Wallenhurst, called the meeting to order at 7 PM. The following board members as designated by the Chairman Michael Toney in his notarized statement were present: Denise Wallenhurst and William A. Davis.

The acting moderator read a letter from the Chairman indicating his acceptance of the Constitution and Bylaws as presented April 27, 2001. The Secretary recorded the Constitution and Bylaws as ratified and entered this in the minutes.

The acting moderator read a notarized statement from the Chairman naming Denise Wallenhurst as the organization's secretary. This statement was accepted as read and entered in the minutes.

The acting moderator read a notarized statement from the Chairman naming William A. Davis as the organization's Treasurer. This statement was accepted as read and entered in the minutes.

The Treasurer introduced a motion for the Secretary and Treasurer to open a bank account in an Azle, Texas bank for the Michael Toney Legal Defense Fund. The motion was seconded by the Secretary and passed. The Treasurer and Secretary agreed to meet May 11, 2001 in Azle, Texas to open the organization's bank account.

The acting moderator noted in closing that the office of President was still open but would be announced at the next Board meeting after the Chairman designates a person to fill this office. No date was set for the next Board meeting which is pending further action by the Chairman. The Chairman will notify the Board Secretary when the next meeting will be held.

The board meeting adjourned at 730 PM.

Denise Wallenhurst, Secretary
The Michael Toney Legal Defense Fund

cc: Michael Toney, Chairman

Mr. Bill: The Michael Toney Legal Defense started with three members and ended with the three initial members--no other members joined the Defense Fund's ranks during its brief existence. Anti-capital punishment organizations are not very popular in the “United” States of America.

April 27, 2001: Constitution and Bylaws of the Michael Toney Legal Defense Fund

I. NAME

The name of this unincorporated non-profit organization shall be known as “The Michael Toney Legal Defense Fund” (hereinafter referred to as the Defense Fund) located in the state of Texas in the United States of America.

II. STATEMENT OF PURPOSE

The purpose of this organization is as follows:

1. To accept contributions for the legal defense of Michael Roy Toney, Prisoner# 999314 on the Texas Death Row and other persons selected by the Defense Fund that have been wrongfully convicted of capital crimes.

2. To contribute donations received by the Defense Fund to pay for Michael Toney's legal representation and associated costs such as investigations, court fees, etc. and other persons selected by the Defense Fund that have been wrongfully convicted of capital crimes.

3. To defray the expenses of day to day living in prison for Michael Toney and other prisoners selected by the Defense Fund that have been wrongfully convicted of capital crimes.

4. To solicit contributions to the Michael Toney Legal Defense Fund.

5. To educate and advertise to the public Michael Toney's case and other people selected by the Defense Fund that have been wrongfully convicted of capital crimes.

6. The Defense Fund is a non-profit organization without capital stock, and no part of its net earnings shall inure to the benefit of, or be distributed to, its officers, members, or other private persons, except that the Defense Fund shall authorized and empowered to pay reasonable compensation for services rendered. Defense Fund office expenses and to make payments and distributions in furtherance of the purposes set forth in this Constitution and Bylaws.

BYLAWS

I. MEMBERSHIP

Section A: Member Requirements

The membership of this Defense Fund shall be limited to members selected by the Chairman of the Defense Fund Board, Michael Toney, or his named, designated successor in a handwritten, dated, signed or (or notarized) letter.

Section B: Voting Rights of Members

Every member in good standing of the Michael Toney Legal Defense Fund is entitled to vote in all elections and on all questions submitted to the Michael Toney Legal Defense Fund board. A member in good standing shall be defined as a member of the Michael Toney Legal Defense Fund that has not been barred from membership by the Defense Fund Chairman, Michael Toney, or removed by a majority vote of the Defense Fund board members.

II. DEFENSE FUND BOARD OFFICERS

Section A: General

1. Any member applicant of the Michael Toney Legal Defense Fund shall be 21 years of age or older and selected by the Defense Fund Chairman, Michael Toney, or selected by a majority vote of the Defense Fund board members.

2. The Defense Fund may add, alter, or remove officers from the board by action of the Chairman Michael Toney, or by a majority vote of the Defense Fund board members.

3. The officers of this Defense Board and its board are Chairman, President, Secretary, Treasurer and three (3) Trustees.

4. No officer shall hold more than one (1) Defense Fund board office.

5. The initial Defense Fund board members will be named in a handwritten, dated, signed (or notarized) letter from the Defense Fund Chairman, Michael Toney and mailed to the Defense Fund Secretary Designate: Denise Wallenhurst.

Section B: President

The President is responsible to the Defense Fund and to Michael Toney to lead the organization to fulfill its goals. The President's duties are as follow:

1. Moderate Defense Fund board meetings in behalf of the Defense Fund Chairman.

2. The President is an authorized co-signer of checks disbursed by the Defense Fund.

Section C: Secretary

The Secretary's duties are as follows”

1. Record and preserve the Defense Fund's Board Meeting Minutes.

2. Send Defense Fund Meeting notices to the Defense Fund board officers and members.

3. Maintain correspondence with Defense Fund members, the public, and people working on Michael Toney's case.

4. The Secretary is an authorized co-signer of checks disbursed by the Defense Fund.

Section D: Treasurer

The Treasurer is the chief financial officer of the Defense Fund. All monies received and disbursed by the Defense Fund shall pass through the Treasurer's hands. The Treasurer's duties are as follows:

1. The Treasurer shall maintain accurate records of all funds received and disbursed by the Defense Fund.

2. The Treasurer shall submit financial reports to the Defense Fund Board as requested or needed.

3. The Treasurer is an authorized co-signer of checks disbursed by the Defense Fund and shall ensure that all checks disbursed by the Defense Fund shall bear the signatures of at least two (2) of the following authorized co-signers: President, Secretary, and Treasurer.

4. The Treasurer's reports and records may be audited annually by the Defense Fund Board Trustees or by an independent outside auditing organization that has been engaged by the Defense Fund Board Trustees. The cost of an independent outside audit shall be borne by the Defense Fund.

Section E: Trustees

The Defense Fund shall elect from its membership three (3) members to serve as Trustees. The Trustees shall serve as a Board of Oversight. The trustees may audit annually the Defense Fund's Financial Records or engage the services of an independent outside auditing organization. The expenses of an independent outside auditing organization shall be borne by the Defense Fund.

Section F: Chairman

The Chairman of the Michael Toney Legal Defense Fund is Michael Roy Toney. The Chairman shall select the initial Defense Fund board officers and post his selections in a handwritten, dated, signed (or notarized) letter to the Defense Fund Secretary designate, Denise Wallenhurst. In addition to selecting the initial Defense Fund board officers, the Chairman, Michael Toney, shall indicate his acceptance of this Constitution and bylaws via a handwritten, dated, signed (or notarized) letter to the Defense Fund Secretary designate.

III. DISSOLUTION

In the event Michael Toney is executed or released, the Treasurer shall, after making provision for the payment of all liabilities of the Defense Fund, dispose of the Defense Fund's assets by contributing the remainder to a qualified Prisoner Defense Fund designated by Michael Roy Toney in a handwritten, dated, signed (or notarized) letter received by the Defense Fund prior to his execution or release.

Mr. Bill: It should be obvious to even the most casual observer that the bylaws of the Defense Fund bore within it the seeds of its own ultimate demise. Don't be pointing the finger of blame at Mr. Bill for this crappy document--Michael wanted it this way and I gave Sir Michael what he wanted. I tried and failed to convince Michael that these bylaws sucked but he would not be deterred from having his way or the highway.

April 29, 2001: Letter from Michael to Mr. Bill

Bill,

I hope the enclosed document (a notarized statement from Michael naming Mr. Bill as treasurer of the Michael Toney Legal Defense Fund) will suffice. It's difficult to do anything from here. I'm not feeling very well tonight and I'm a little depressed about things, so I won't write much. I'll have DD email you when I see her.

Your brother in Christ,
Michael

P.S. I'm sending Denise a similar document but naming her as Secretary.

May 2:2001: Letter from Mr. Bill to Michael

Michael:

Received your letter today and I am sorry to hear that you are not feeling well and that your spirits are low. I will pray for you. My next off Friday will be on May 11 so I will try to get together with Denise and see if we can set up a bank account either in Azle or in a bank that is close to where she lives.

Keep the faith Bro!
Mr. Bill

PS: Did you decide on naming someone to be President of the Defense Fund?

Mr. Bill: I met Denise at the State National Bank of West Texas in Azle. We learned that in order to set up an account for a non-profit organization that we would need a doing business as (dba) document, bylaws, organizational meeting minutes and an EIN. Denise and I parted ways after we made a date to meet again June 8 to tie up the loose ends. I went to the Parker County Courthouse and got the dba document (Certificate of Ownership for Unincorporated Business or Profession- Assumed Name Record) and downloaded an EIN application form from the IRS web site, filled it out and mailed it in. After we amassed all the required paperwork, we met again in Azle on June 8 and opened the bank account for the Michael Toney Legal Defense Fund.

June 16, 2001: Mr. Bill: Mailed a letter to Texas Governor “Good Hair” Rick Perry requesting him to pardon Michael Toney. I also mailed a letter to US AG John Ashcroft asking him to re-open the investigation on the 1985 Lake Worth, Texas bombing. Governor Good Hair played true to form and ignored my request. US AG Ashcroft replied that his office could not get involved.

June 19, 2001: Michael Toney's Journal

For the last year or so I have been doing a lot of meditating and self-evaluation. I meditate as a way of escaping the pressure and negativity of this environment and to remove myself from the pain of my body. My ultimate goal was for my spirit to exit my physical body, not permanently as in death, but just temporarily to adventure into other realms: realms that I have always believed to exist.

A few months ago I mastered the ability to slow my breathing and heart rate to where they are just enough to sustain life. I mastered the ability to remain perfectly still, even in my mind. I focus my mind inward rather than outward. I don't allow anything in this negative environment to enter into my mind. I seek complete silence which is something that never occurs here. There is always some negative noise contaminating our being, both consciously and sub-consciously. I have now successfully trained my mind to turn off all the negative emotions and to tune out all the negative sounds, thus tuning in to all of the positive energy of my own mind. I've mastered the ability to turn physical pain off.

Finally, today, after hours of meditation, I successfully left my body. I observed my body sleeping as if in a coma-like state. My facial muscles were completely relaxed, as the rest of my body appeared to be.

Seeing myself sleeping or doing what appeared to be sleeping was very strange and even scary. I could feel my body gently pulling at my spirit as if by magnetic force. The further I went from my body the less I felt the pull but I could always feel it as if my spirit was drawn to my body.

My spirit exited my body from the very top of my head. Once I was completely free I no longer had any control of my body and I didn't know how to maneuver my spirit, but, I quickly realized that all I had to do is will my spirit to move from one place to another. I could move without any effort at all. I felt completely free and gravity had no effect on me whatsoever. Doors, windows, and walls offered no resistance. I glided over the floor and through the air but even the air offered no resistance. The other spirits that I have always seen as mere shadows were clearly visible, even though they were just clear apparitions emanating a very soft light. There were many other spirits around me. They were everywhere! One of the spirits seemed to be angry and was moving around aggressively. I don't recall any voices but I do remember a silence that was almost musical. It was completely void of all the negative sounds that contaminate our daily lives. I could feel the ability to communicate with the other spirits and I could sense their thoughts and emotions and I'm certain they could feel mine. They surrounded me, but not in a harmful way. It was as if they were curious, but they were also guiding me back to my body--they were almost pushing me back.

The spirit that seemed angry was very near my body and I could sense something was wrong. I could even see something different about the spirit. Its illumination was not as bright as the others were and it appeared the other spirits were trying to comfort it. As I neared my body I understood that the different spirit was trying to enter my body and the other spirits were pushing it back. As I began to descend back into my body it was somehow communicated to me that the angry spirit did not want to leave its body which was destroyed by an accident. The spirit had recently lost its body and was trying to take my body for its own.

I entered back into my body through the top of my head as if being poured through a funnel. As I entered my body, I began to feel the force of gravity and the aches and pain that I normally feel. I began to feel trapped.

As I think about my very short adventure outside my body, I believe it is possible that it may not have been my first out of body experience, but it was without a doubt my first experience while completely conscious It is possible that we all leave our body when we are in deep sleep and dreaming.

I'm not sure how this experience affected my religious beliefs and I cannot describe my feelings completely. I believe it is possible for a spirit to leave its worn-out or destroyed body to enter into a new one. This explains why some people have memories of past lives. I also believe it is possible for more than one spirit to inhabit one body. Thus, explaining why some people are diagnosed with what is termed as multiple personality disorder. I cannot explain why I feel or believe that right now.

I will continue to practice leaving my body behind to wander in the spirit form and to learn as much as I possibly can. I have to somehow conquer the fear of being without my physical body and adjust to the shock of being able to observe my own body. At this point, I feel that the shock and fear are a hindrance just as I see my physical body as a hindrance.

For now, I am left with even more unanswered questions than I had prior to what I hope to be many more out of body experiences. The first question I would like to know the answer to is: Who are all the other spirits and why are they without a body? Are they the spirits of the recently deceased? They seem to be everywhere--infinite spirits! If they are the spirits of the recently deceased, why are they here? Why aren't they in Heaven or hell as Protestant Christians believe or in purgatory as Catholics believe? Is it possible for a spirit to inhabit an inanimate object? Is it possible for a human spirit to inhabit an animal or is there a difference between the human spirit and the animal spirit?

I am a Christian and this experience has not taken away from my beliefs, rather, I feel that some mystery has been revealed to me. This mystery is not a secret, yet it is so simple that the majority never experience it because they are looking too deep for the mystery and have a tendency to make it more difficult than it really is. It takes a completely open mind to unlock these mysteries. I believe we all have the ability to be free of our body and free of the pain and limited abilities of our physical existence.

Many will think that I have lost my mind, but I have not lost my mind, I have gained control over my spiritual being. The spirit has unlimited abilities in comparison to the very limited abilities of our physical existence.

The most perplexing question that I have to find an answer to is: Why should I remain here now that I have mastered the ability to leave at will? Why should I wish to remain trapped in this body which is trapped in this prison? Maybe, I can leave my body until it is time to go home--in the spiritual world there is no sense of time.

Michael Toney

Mr. Bill: Periodically, Michael would go metaphysical on me and publish these off the wall musings. Maybe he did learn how to do astral projection. Who knows? I think this entry is Michael's eloquent way of thumbing his nose at the screws and the man--he is telling them by the only weapon at his disposal, the pen, that they may be able to confine his physical body but they cannot trap or control his human spirit and its desire to be free!

July 22, 2001: Distressing Letter from Michael to Mr. Bill

Dear Mr. Bill,

I hope and pray this letter reaches you having a wonderful day.

I'm doing absolutely terrible. I pray to God you can help me figure out what is going on. I'm going to tell you this in complete confidence, O.K.? DD is not the person she leads people to believe. The woman is insane!! She's 60 years old but extremely jealous of Denise, SA, F and everyone else. All she does is talk bad about them and say things that are not true. I had to ask her to leave because she had me so upset that I was on the verge of a nervous breakdown. I am still upset and things are getting worse. She's writing to people here on death row telling them all kinds of CRAZY lies to get them all mad at me. For instance, she's telling them I was in prison for “beating my mother to death” or “shooting her with a shotgun.” This has caused me big problems. Last weekend another inmate called me over to the bars while I was walking in the day room and threw boiling water mixed with baby oil and some sort of hair remover. I have second degree burns over the entire right side of my face with the exception of just below my eye and neck where they are third degree. After he did it he said, “That's for your mother and DD!” and “That ain't shit! I'm going to really burn your ass up when I can get to you!”

****

Mr. Bill: At this point, the gentle reader is probably impatiently waiting to have two simple questions answered: Who in the hell is DD? and why is DD causing Michael so much trouble? I cannot reveal DD's true identity for fear of legal repercussions because she is very much still alive and still actively ministering to the unfortunates on Texas death row and I could not with good conscience besmirch her reputation based solely on Michael's unsubstantiated allegations. (As the gentle reader may recall from a previous entry--Michael loved to play games and he also played fast and loose with the truth. It is entirely possible that his troubles with DD were a figment of his vivid imagination.)

To answer the second question, the possibilities are endless in regards to Michael's tempestuous relationships with women. Michael had only two relationships with women: they loved him madly or hated him with the heat of a thousand blazing suns. There was no in between with Michael and his relationships with the women in his life. Since I was not a fly on the wall during Michael and DD's relationship I can only theorize that their relationship followed the usual Michael Toney boy-girl relationship: Michael and DD began their one-sided relationship with DD only loving him madly. During the course of this relationship Michael said or did something which was very cruel and thoughtless. DD took umbrage at Michael's thoughtless remarks (or actions) and her love for Michael instantly transformed into a blazing hatred. This scenario was repeated over and over during the course of Michael's life.

****

Now, D is telling me something about my grandfather dying. After she accused me of threatening her life she wrote: “P.S.: SORRY TO HEAR ABOUT YOUR GRANDFATHER DYING!” That's exactly how she wrote it and I don't know if it's true or what. If it is true, they might as well take me and kill me now because I won't be able to take that. My grandpa is the only one in my whole family that ever gave a rat's ass about me. He's a great man. I haven't spoken to him in more than 3 years and I don't write him because I don't want him to worry about me.

****

Mr. Bill: Aha! Perhaps we have arrived at the real crux of this issue between Michael and DD. During the last year of Michael's life, his beloved cousin Julie Ann Toney took her own life. Michael did not handle this tragic situation very well--he lashed out in his grief and anger at his adopted French mother and almost severed his relationship with her and M'AIM. In like manner, Michael did not handle the demise of his beloved grandfather very well and lashed out at the messenger, DD.

****

SA wrote me saying I'm being “SHITTY.” But I haven't done anything! All I did was terminate a visit with DD because she kept telling me that SA, Denise and even F are not trustworthy and all sorts of bad stuff. To give you an idea of how DD really is, I'll give you an example. She asked me what color hair I like on a woman and I said hair doesn't really matter to me and she said “What about blondes?” I replied, “Well, my ex-wife ruined that for me and I don't care for blondes anymore.” DD got madder than an old wet hen because her hair is bleached blonde.

Bill, I don't know what's going on or why she is trying to turn everyone against me but it's driving me crazy. She told me, “If you try to hurt me with your friends, I will ruin you.” I don't what she is telling people but she even has Denise mad at me. Last night I received a note from Denise in which she said: “Even though I see and hear all you do, I cannot hate you but I am hurt by it.” I have no earthly idea what she is talking about.

I can't stand anymore of these games. It has me welcoming death as a refuge. Bill, all I did was ask the woman to leave because I couldn't stand it anymore. All she does is talk bad about everyone, including her own husband. Here is a portion of a letter she sent me last month so you can see what kind of person she really is.

****

June 27, 2001: Extract of letter from DD to Michael

Dearest Michael,

I have worried about you ever since I left that place. After all, all I brought you was bad news and more bad news. What a way to start the week, huh?

Monday evening after we got home, things got even worse. First off, my husband was drinking too much and my son came over and my husband started mouthing off. My son kicked his ass for him. He has been in bed for 2 days now. He got a black eye and a tooth knocked out. Me and my granddaughter came very close to leaving him for good. I was so mad. He had no real reason to mouth off to my son and it upset me the kids and upset me and made my son very mad. My son had brought 2 friends with him and they saw it all. I was so embarrassed. When my son was hitting my husband I went outside in my nightgown and started yelling: “Just kill the SOB!” Now a tooth is embedded into my son's fist and we need to go get it out. He won't let me even try to dig for it. What a night. My granddaughter and grandson were both ready to get in the car and just go. My granddaughter was packed when I came back inside the house....

****

Mr. Bill: I am fairly certain that this letter came from DD because it was typed on a computer, on green paper and in Times New Roman font. Michael's typewriter used Courier font. Also, DD has a distinctive writing style--I see no evidence of Michael's creativity in this letter.

****

DD wanted me to be impressed by her telling her son to kill her husband. She's always telling me her “husband is just dead meat” and can't get an erection. Bill, I know you can figure out what's going on here without me having to spell it out.

Have you heard anything about the investigator? I haven't heard anything at all since he was supposed to go to see Meeks again and go see my ex-wife. Please let SA know that she shouldn't tell DD anything about the legal situation. Bill, I'm seriously scared to death of the woman.

Thank you very much for getting that account opened up. SA is worried about Denise being on it but I'm not. I think the money has been raised but I'm not even sure about that. We need to know how to do wire transfers from there to here to save on exchange fees. That's the whole purpose of having the account. No one will mail money. Thank you very much for the money. It was very helpful. I thank God for our friendship. Hope to hear from you soon.

Your brother in Christ,
Michael Toney

P.S. Did you know that there was another explosion at the Hilltop Mobile Home Park in January 1987? It was a mobile home on lot 16A and the victim's name was Murphy Ashworth. His ex-wife was suspected and questioned for the Blount bombing before the second explosion happened. Lot 16A is directly across from where the Blount home was. I just learned this from reading ATF reports from the Freedom of Information Act. I have all the ATF reports from November 28, 1985 on including lab reports, etc. I also confirmed that Joe Blount and his brother Carl were associated with the Hells Angels and the notorious Sonny Barger. Barger is the president of the Hells Angels and is currently touring the country promoting the book he wrote while in the Federal pen. Joe and Carl were also meth users. I don't think any of this is of any relevance to my case except maybe the Ashworth bombing but it's interesting anyway.

MFH was a suspect within a few days of the bombing. LWC and MFH's mother were interviewed by the ATF and gave them incriminating information. MFH failed the polygraph!

A couple of weeks ago my anti-depressant meds were stopped so this hit at a real bad time. They're renewed now! Thank God.

Has DD sent any “bad” messages to the news group? I hope not!

Can you find out what's going on with my Grandpa? I'll give you my mother's number. I hope he's all right. He is a very good man. If he's gone I'll lose my mind--I had things I needed to tell him.

July 23, 2001: Letter from Michael to Mr. Bill

Dear Mister Bill,

When it rains it pours! Since June 28th everything has gone wrong. I don't know how I can take much more. The tears are burning the burns on my face. I must have cried a gallon today. I'm enclosing something I wrote awhile ago. Will you please email it to RC? You can also email it to SA or the news group if you want to. Please. I'm sorry, but this letter will be short. I can barely see this paper.

Your brother in Christ,
Michael

P.S. Would you please tell SA that the last money I received was from you. DD is telling them I have money but it's not true.

July 23, 2001: Enclosure to Letter from Michael to Mr. Bill

My hero, the second greatest man to ever walk the face of the earth is laying in a hospital bed fighting for his life. His wife, my grandmother, is at his side just as she has been for 65 years.

On July 14, 2001 my grandpa and grandma were at a lake in the northern California Mountains fishing when the massive stroke occurred as he was doing what he loved to do.

This morning I was permitted to telephone my mother. She had just returned from the hospital. I could hear and feel the pain in her voice even though she was trying to conceal it to comfort me. I couldn’t stop the tears, a man I love more than life is barely holding onto life and there is nothing I can do. I can’t even tell him I love him. I feel so helpless and ashamed of being where I am. I‘ve been praying I would be free before something like this happened. The pain I feel in my heart is worse than any pain I have ever felt. It’s actually a physical pain as if my heart is too heavy for my body to carry.

He’s 60 years old but he has always been so active and youthful that he seemingly hasn’t aged. I don’t know where all the years have gone. It seems like it was just yesterday that he taught me to drive the tractor and plow the fields, feed the calves or since he gave me my first dip of Copenhagen snuff or my first nip of Apple Jack Whiskey. Both of which made me dizzy and sick to my stomach, but I did everything I could to hide it because I wanted to be like my grandpa.

In 1981, I was just 15 years old but I had moved to Texas. I had been in Midland for about a month when my grandpa came to my job. He drove almost 2000 miles just to make sure I was alright and to tell me that he was proud of me. I’ll never forget the day he said he was proud of me. He was the only one to ever tell me that.

It seems like yesterday that my grandpa was cooking breakfast for me and my brother over an open fire when we were in the mountains hunting.

It seems like yesterday that we would sit in front of the television eating popcorn or scorched peanuts and watching, “Hee Haw”, “Big Time Wrestling”, or “The Dukes of Hazzard”.

I don’t know that my grandpa is a Christian but I don’t think it’s possible for such a great man to not be. Besides, I don’t think it’s possible for anyone to live in the same house as my grandmother for 65 years and not know Jesus. My grandpa and grandma are exact opposites but you have to admire how they raised 9 children and endured 65 years together. No one could ever say that they don’t love each other.

I feel like I’m being selfish by not wanting him to go be with God but there are so many things I needed to tell him. I wanted him to see me free so he could be proud of me again and so that he wouldn’t worry about me.

I know he is surrounded by many people that love him but I’m so ashamed of not being there for him. I know he would understand but it doesn’t change the fact that I should be there.

It will be a long time before my tears stop falling.

Michael Toney

July 24, 2001: Letter from DD to Michael forwarded to Mr. Bill

(Mr. Bill: Handwritten note from Michael scribbled at the top of DD's letter to him)

Bill- This came tonight, I can't take anymore of this insanity. Why is this woman doing everything she can to hurt me? I told my mom the man that burned me said, “That's for your mom and DD!” FP saw me yesterday and was supposed to email DD about all of this. Denise sent FP an email about this because I have proof of everything! Michael

Michael,

In God's name how could you upset your mother like you did? What kind of enjoyment could you possibly be enjoying by doing all this lying?

Everything you have written to Denise and Edwin and anyone else is all lies. And you know what Mike I have hundreds of letters from you that I went through last night that say things about everyone else. I could do like you are doing and copy them and send them off. But I'm an adult...You are a spoiled child. I see now why you are where you are. You have this false picture of yourself that says everyone lies but Mike. It certainly has me wondering about all of it.

Michael, IF you were truly burned by an inmate, I know damn well he didn't say anything like what you are saying. Why would your mother or I have you burned and how could we? To start with I have my doubts about it being true at all but I can tell you this it wasn't anyone else that did it except the inmate that supposedly did it. And how in the hell could I start rumors that you killed your mother? The people there know why you are there. Michael, I talk to your mother every week. So how could she possibly be dead to you? Get a grip!!!! You are going way off the edge.

My husband has forbid me and my granddaughter from seeing you or writing you ever again. So we are out of you life. Please leave us out of your life too. Michael I have never done anything but try to help you and you are telling so many lies about me it makes me sick. I can tell you this I've had enough of your lies and will not take anymore of them. You go on with your life and forget you ever knew me or my granddaughter. You have hurt her so badly that I don't know if she will ever forgive. She is the child Michael. Not you. And you have hurt her. But you have made me angry. I see no reason for you acting like this and will not just sit by and let you continue to slander us with your lies. If you got burned I am very sorry but you telling people that me and your mother did it is totally crazy. No, it's very sick and I don't want to hear anymore about this sort of slander. There is no way that I would be part of anything that would hurt you no matter how mad I am at you. This has gone too far and I will not put up with it anymore. I gathered up all your letters and will see an attorney this morning to find out just what I can do to stop it all. I'm sorry for you Michael. You hurt me very badly but this is not right what you are doing. Do you understand that? This is all totally crazy. I want it stopped and will see to it that it is.

You are acting like a child like if you don't get your way then you will hurt me until you do. Well, I cannot come back. My husband has read all your letters and he will not let us return there to see you. So please just give it up.

You're mother told me last night that she has seen you like this many times. That if you don't get your way then you strike out at everyone. She said that you completely change from good to evil in a matter of minutes. Denise has told me the same. I don't want any part of your insanity. Please understand this and take it to heart. I'm sick of this crap. I will not put up with it. I don't have to. Maybe your mother and Denise can but I will not.

I owe you nothing. I only wanted to help you and you know that. The crap about me and your mother having something to do with you getting hurt is absolutely insane.

DD

Mr. Bill: DD was true to her word and severed all contact with Michael. This sordid affair left a bad taste in my mouth. I continued to support Michael in his quest for freedom but this “affaire du DD” gave birth to a lingering doubt in my mind that Michael may have been just a wee bit psychopathic and I had to keep this doubt banished to the farthest recesses of my mind to maintain my own sanity and sense of purpose for Michael's cause. The upside of Michael's mental condition is that he was behind bars and in no position to hurt me or my family--I was raised by a chronic paranoid schizophrenic step-mother who tried on numerous occasions to harm or kill me. Her violent behavior made me an expert on survival with psychopaths. Also, for another strange reason I became a magnet for mentally ill people--if there was a mentally ill person within 100 yards of me they would seek me out and latch on to me--perhaps I should have studied to be a psychologist or psychiatrist.

July 26, 2001: Letter from Mr. Bill to Michael

Michael:

Howdy! Sorry it has been so long since I wrote you but I have been very busy with church activities and my online college course. Next week I start a five-week course in C++ programming which should tax me severely since I don't know beans about computer programming.

Sorry to hear about your Grandfather and I will be praying for his recovery. I forwarded your heartfelt message about your hero to RC, SA and DD's news group. (By the way, DD has not been saying anything about you in the news group but she has removed any mention of you from her webpage and her granddaughter's webpage.)

I am sorry to hear about your problems with DD and we can only hope that she will just fade away and stop being a pain in your butt. In the meantime, Little Brother, you must hang tough. Don't give up hope. Be patient. No more talk about taking the easy way out and for God's sake- DO NOT DROP YOUR APPEAL! Keep fighting to the bitter end Bro.

Our attempts to gain your freedom will take time and you must be patient and not give up because the mills of Justice grind exceedingly fine. The mills of Justice also grind exceedingly SLOW.

In Christ,
Mr. Bill

PS: Do not forget to take your anti-depression medication Bubba! Believe it or not, but yours truly also takes anti-depression medicine (Zoloft, 100mg daily). I have been taking it for 11 years now and I know how important it is for me take it as prescribed.

July 26, 2001: Letter from Michael to Mr. Bill

Dear Mister Bill,

I hope and pray this letter reaches you and your family having a GREAT day.

I'm doing a bit better now that I know I'm not 'insane.' I'm still in serious pain because of this burn on my face. All of it has healed except my cheek, jaw and upper neck.

I was paid a visit by the “Inspector General” on Monday and I expect them to be back today. The inspector general is from the attorney general's investigative division and TDCJ (Texas Department of Criminal Justice) internal affairs. I was read my rights and told I was a suspect in a criminal investigation then thank GOD I was told that I had already been cleared by the mail room personnel. Someone has been sending threatening letters to people and putting my name and number on them. We know who is doing this and it is the same people involved in burning me and sending letters to DD.

****

Mr. Bill: Perhaps I owe Michael a very belated apology for doubting his role in this sordid affair and then again maybe I don't owe Michael an apology. (I will never know for sure until I run into him in heaven--trying to be 100% positive about any of Michael's actions is about as difficult as wrestling with a greased pig or herding cats.) I am not deleting my thought processes in his letter to me dated July 27, 2001 because I want to show the gentle reader that I did not just blindly believe everything that Michael told me. I adopted the attitude of the “Show Me State” and took everything he told me with a grain of salt mindful of the fact that his propensity to spin yarns and play games with the screws and the man enabled his appointment with the executioner. If he had just kept his big pie hole shut then I would not be sitting here pounding away on my computer keyboard relating his misadventures.

****

The way the mail works here is we put it in our cell door and it is picked up at night. It is unsealed so that it can be inspected and read by the mail room ladies. CT AKA “CK” and his amigos are doing everything they can to hurt me. He also corresponds with DD. I have proof that he is doing this!! The letters have not been coming from me and I thought I was going insane because everyone is mad at me and threatening people and saying things that I know nothing about. It was a relief to find out what's going on. I just hope DD and I can resolve an unnecessary dispute. I thought she was CRAZY and that I was CRAZY! There is a big investigation going on now and I have been moved for my safe keeping.

I'm also concerned that CT may have sent a letter to Gabrielle Crist at the Fort Worth Star-Telegram. She was supposed to begin a story about my innocence on July 11th but I haven't heard from her. CT knows Gabrielle is my friend and he has written her before. I have saved all the threatening letters he has sent to me via the underground mule. He sends them that way so he doesn't have to use postage and because they're confidential that way. The inspector general will be contacting DD. I hope soon!

A letter was even sent to the warden. It was addressed to “WARDEN ASSHOLE” and called him all sorts of names and mentioned DD. It's all completely ridiculous but a lot of sick games are played by people in this place especially when they are jealous of someone having a chance at freedom because they are innocent. Mister Bill, I just wanted to let you know what is going on. I've written DD but I don't know if she opens my letters. I have still heard no word about my Grandpa.

Your brother in Christ,
Michael

P.S. Would you please pass this news on? I hope DD will put the webpage back up now. Also email FP. He knows the story and has seen me so he knows my condition. He will be gone to Florida for a week. Thank you.

July 31, 2001: Letter from Michael to Mr. Bill

Dear Mister Bill,

First of all, please forgive me for letting all this CRAZY stuff get to me and then for me putting it on you and the others that care about me. I hate to admit it but I am a bit “fragile” and anyone that's in my situation that isn't is off their rocker. I try to be strong but I've had so many people turn on me like rabid skunks that it hurts me something terrible when it happens. I guess it's just something that is going to happen in this world until Jesus comes back. I just wish he'd hurry! (SMILE) Yeah, I am trying to smile!

I received your letter tonight along with one from F and SA and each one of them gave me strength that I very much needed. It's nice to be able to cry happy tears rather than the tears of sadness. I thank God for having each of you as friends. I have cut my ties with HER and I have forgiven her but that is the end of it.

I know you are a very busy man in fact I don't know how you do it. Here I am putting more work on you. I was going to send the enclosed 3 pages from my Journal to F and have her transmit them to SA to be translated but I just learned that F is going to take a week vacation. I know it's a lot of typing but hopefully your typing is better or at least faster than mine. Would you please email it to SA along with the message I will put at the end of this letter? Please! I'd like for her to give it to RC before she leaves to come over here (Mr. Bill: The item in question was Michael's out of body experience dated June 19, 2001).

I hope you don't think I'm completely INSANE because of what I wrote. It doesn't change my Christianity at all. I have been exploring this type of meditation for a long time now. It's the same thing our Indian ancestors did and still do but without the sweat lodge and without the Peyote and other drugs. I'm not CrAzY...it's real! I will find the answers to all the unanswered questions. I'll let you know!

Thanks for being YOU, thanks for being a friend.

Your brother in Christ,
Michael

July 31, 2001: Email from Michael to SA in France forwarded by Mr. Bill

Hello SA,

Tonight I received a letter from you, F and Mister Bill and I am feeling much better. I cried happy tears rather than the sad ones that have been flowing lately. I was going to send this long entry from my journal to F but I see she is taking a well deserved break.

So I'm sending it to the very over worked Mister Bill. I'll tell you just like I told him. Please don't think I'm CrAzY! It's very real but it makes this place even more unbearable. I don't know if “Iti” readers (Mr. Bill: Iti refers to a publication by that wild and crazy French guy, RC.) will have any interest in this or if they will think I've completely lost my mind. About the money, today was our day but I still didn't have any but I was able to borrow about 15.00 worth of food and a few stamps from PM and last week I borrowed 11.00 from him. I've already paid the others back so that's all I owe. Right now!

Things are better now that I have been moved. In fact some of the guys over here were actually happy to see me. PM definitely was! Even though I've become a liability! (SMILE) I'm very anxious to see you and to hear something from T. Don't worry I'm all right!

Love and Kisses,
Michael

P.S. I've cut my ties with that WIERD/CRAZY woman and feel much better since.

August 10, 2001: Michael Toney Journal Entry

From bad to worse! I was just taken to the office and told that my grandfather had died and that I could make a phone call. I have been trying to prepare for this day but there is no way to prepare for losing someone you love.

My Mother was crying when she answered the phone. She said, “I want you to come home, I can't stop crying.” My Grandpa is gone but my heart won't let my mind believe it. The pain in my heart is terrible but I know it is nothing compared to the pain my mother is feeling. My mother's pain is nothing compared to the pain my Grandmother is feeling. I am so ashamed of being here and not being able to be there for my mother and Grandma.

A lot of tears have fallen since Grandpa had the stroke on July 14th but today, I know a river of tears are falling from the eyes of all who loved my Grandpa.

It's hard to imagine life without him. Even though I've been away all these years, he has always been in my heart. I always knew I could pick up the phone and hear his voice. I knew I could go home and he would be there to welcome me. The last time I saw him was January 1996, when I drove out there for a visit. When I pulled into the drive he was working on his pickup. He was always working on something. It had been years since we had last seen one another but when he looked up and saw me his eyes lit up and that familiar and comforting smile came to his face. He took me by the arm and said “Come on but don't say anything.” He took me in the house and there was my Grandmother sitting there knitting. He said, “Juanita, this stranger is asking for directions.” I was surprised when my Grandmother looked up and recognized me right away.

As I was writing this someone said, “Look out the window. What's going on?” Now I know my Grandpa is alright. There are many little birds flying all over outside my window. There must be hundreds of swallows congregated outside my window flying all around doing their little aerobatics. There is something mystical about the birds. A few months back I was sitting outside in the sunshine alone hoping it would relieve some of the depression when two little birds flew over the high walls and landed at my feet. They were within arms length and chattering away. I don't know what they were saying but obviously their message got across because they made me smile. When I went back inside I wrote to a friend and told her about the little birds. A few days later my mother phoned my friend and told her about two little birds that flew in her kitchen door, landed on the table and were chattering away. One of them even landed on her finger before flying back out the door and away. My friend could hardly believe what she was hearing. Could it have been the same two little birds? Could they have traveled almost 2000 miles? All the sparrows flying outside my cell window must be a sign that

Grandpa is alright. With tears rolling down my cheeks, I couldn't help but feel a sense of relief and even smile a little as I watched the sparrows.

Once again the message delivered by the sparrows was understood. Grandpa I will miss you but I know one day we will all be together again. I know you are in the presence of our Lord. I ask God to give us the strength to endure life without you, until we are all together again for eternity.

Michael Toney

August 24, 2001: Letter from Michael to Mr. Bill

Hello Mister Bill,

I hope this reaches you having an exceptionally blessed day. Thank you for the words about my Grandpa. It's always difficult to lose someone we love but being here makes it even more difficult. I had stated that I wanted him to see me exonerated and free before he died but I wasn't thinking correctly because now he knows I am innocent because he is with God.

I visited with SA yesterday and today. We always have good visits but this time we had to work out the very strange problems that developed over the last couple of months and I'm HAPPY to say we have drawn some conclusion without being too judgmental and hopefully solved the dilemma. (smile) Now we have to get on with the task at hand.

We're going to have to find someone to put together another web page since DD removed the one that was beginning to get the most attention. I know you're too busy (Mr. Bill: I was working full time, going to school online at night and maintaining a church web page. I guess you could say that my plate was full and I was too busy.) but maybe F can do it and then translate it into French too. She doesn't know the case very well though. There is something you can do that won't take up a lot of your time though. We need to get the attention of Erin Moriarity of 48 Hours. I can write letters until my fingers bleed and it won't do any good but maybe a letter from you with the information about what the investigators have uncovered will get their attention. (Mr. Bill: I wrote Ms. Moriarity and she never replied to my letter.)

A man by the name of Raymond B. Lech has written me about writing a book about my situation and he may contact you because you have studied the trial transcript. (Mr. Bill: Mr. Lech never contacted me.) He has written two books: All The Drowned Sailors: The Sinking of the USS Indianapolis and Broken Soldiers.

I finally heard from Denise and the $ problem has been resolved. It was just some more confusion. She has been having serious medical problems since her knee surgery. I'm sure you will know more than I before you receive this letter so I won't bother with details.

Well Mister Bill, THANK YOU again for everything. You are a priceless brother. Thanks again for the stamps. It was a miracle! (SMILE)

Your brother in Christ,
Michael

October 21, 2001: Letter from Denise to Mr. Bill with attached copy of a letter from Attorney Jack Strickland to Michael Toney

Bill,

I have memory loss--I couldn't remember if I sent this letter already with a copy of Strickland's letter to Michael. So I've sent it again. (Mr. Bill: Denise forgot. This was the first time I saw this letter from Strickland to Michael.)

Hope all is well with you and yours. I found out yesterday (Sat.) that DD sent a video interview of Michael to my home address. (Mr. Bill: Denise's husband was not aware that she was helping Michael!) Why she didn't send it to the PO Box--I don't know! It was sent to my home a month ago and I still haven't gotten it. What's bad is that my husband has been getting the mail before I do. He hasn't mentioned it and I'm not about to ask. I'm hoping it was sent back to DD so she can send it to the box.

Well gotta go for now. I'm at work today.

Denise

Letter from Attorney Jack Strickland to Michael dated August 30, 2001

RE: Trial Court No. 0676220D, Michael Roy Toney Applicant, vs. Gary Johnson, Respondent

Dear Mr. Toney:

I have received your recent undated letter. Please allow me a brief response.

First, let me explain what I will not respond to. I will make no further efforts regarding Richard Wayne Jones or anything he might or might not have said. Secondly, I could care less about Susan Solar, Raymond Lech, or Alan Dershowitz. I do not represent them, I have never heard of the first two, and have no reason to believe that either of them have any legal expertise.

In regard to amending your application. First, the State has not yet filed its response. Secondly, I have received no document from Ms. Francis or anyone else reflecting that anyone has said anything under oath which bears on your case. That means there is no new evidence at the present time. Third, I cannot just file an amended/supplemental application. I must file for leave of court to do so. The court may/may not grant leave. Lastly, before I file anything with the Texas Court of Criminal Appeals I will have to be comfortable with the veracity of the witness and the credibility of the information. You ask me rhetorically whether I care about my professional record. The answer is of course I do, which is precisely why I will not adopt anything that appears to be demonstrably false, inaccurate, or the ranting of a nut or sociopath.

In concluding, let me tell you how very little I appreciate your continued assaults on my character. I include under that heading representations by you that I have said that everyone on death row belongs there; that I will not represent Pablo Melendez to the best of my ability; or, as you said in a recent letter to Judge Cooke, that your application was not put together until the night before it was due to be filed. In fact, I canceled a long-standing family vacation to work on your writ application. I will continue to represent you, but as usual, you persist in alienating and slandering the people who try hardest to assist you. I therefore suggest that in the future you limit your letters to me to legal issues. I also suggest, although I doubt you will pay any attention that you cease your endless stream of public pronouncements about having “proved” that everyone perjured themselves and that you have “proved” your innocence. At some point the State may well decide it wants to kill if for no other reason than it is tired of hearing you (Mr. Bill: Ouch!). While I certainly do not subscribe to that view there may be those that do.

Sincerely,
Jack V. Strickland

Mr. Bill: This letter from Michael's attorney elicited a monumental WTF from me. Michael did not keep me in the loop concerning his attorney-client relationships so this letter was quite an eye-opener! Needless to say, I had to write Mr. Toney a letter to pour oil on the troubled waters.

October 25, 2001: Letter from Mr. Bill to Michael re Jack Strickland

Michael:

Greetings Bro! Hope this letter finds you well and in good spirits. I am writing you this letter on my 27th Wedding Anniversary. Denise mailed me a copy of a letter that Strickland sent you dated August 30, 2001. If I interpreted the lawyerese correctly then he told you that as of the letter’s date that he had not received a response from the State concerning your appeal and motion for a new trial. Is this correct? He also stated that he had not received any evidence from Ms. Francis (Tena?) that would help your case.

I do not know what to make of this development Michael. Has the situation changed since August 30th? (I certainly hope so.) Have you been in contact with SA and her group? Have you and DD made peace with one another?

Sorry to bombard you with all these questions. I would like to conclude this letter with some well-intended advice Michael. I do not know what all has transpired between you and Strickland but from the tone of his letter to you I can see that you and he do not have a healthy working relationship. I am not taking sides in this issue but I hope that you will swallow your pride and write a letter of apology to Strickland and try to get along with him Michael. I realize that you are in a very frustrating situation but you are just going to have to cool your jets down and stop cutting off your nose to spite your face. Take care my young hot-headed friend and take a chill pill Will, OK?

Yours in Christ,
Mr. Bill

November 5, 2001: Letter from Michael to Mr. Bill

Hello Mister Bill:

I pray this letter reaches you and your family having a very good day. I'm as well as it's possible for the time being. About Strickland and your advice--I have apologized to him but he is no longer my lawyer. Right now I don't have a lawyer which is why we are desperately trying to raise the $. Strickland's job is done. The district court (trial) judge denied the request for a hearing. He said, “I don't want those pathological liars (Meeks and Blankenship) in my courtroom again.”

The court of appeals has not issued their opinion on the direct appeal yet but it will be soon. Some that came a week before me have been decided as well as a few that came after me. We have to get lawyers to do the Federal appeal. I don't know what the problem is with the investigators. I haven't heard anything since July. They have also refused to send me 200.00 that was sent to them for me.

I asked Denise to talk to you about putting a plea for financial help together that can be emailed to my friends. (Mr. Bill: Pursuant to Michael's request, I slapped together a web site for the Michael Toney Legal Defense Fund which gave a PO Box where donations could be mailed.) She doesn't know how or have the ability to do it. It could say something about the state's witnesses admitting they lied and I have never been to the place (the bombing site) and am in no way connected to the crime. And of course what the judge said in regards to denying the hearing and that I no longer have a lawyer. I would like it to be set up to where it can be emailed with instructions for it to be forwarded if it’s possible. (Mr. Bill: Michael could be a demanding sucker.)

How is everything going with you? I heard about the BIG contract Lockheed was granted. That's good! Well my friend, I'm going to close and send this on its way. I hope it don't become tainted on the way. (Mr. Bill: Till the day he died, Michael was afraid that his mail was censored and tampered with.) I think the anthrax is more serious than the government is letting on.

Always your brother in Christ,
Michael

November 16, 2001: A Death Row Conversation with Jesus by Michael Toney

Robert, the man in the cell next to mine is on death watch. He will be executed tomorrow evening at six o'clock. He cried all night last night and most of the day today, but now I hear him talking. This is what I hear:

Robert: Who are you? How did you get in here?

Jesus: My name is Jesus.

Robert: How did you get in here?

Jesus: You cried out to me and I came.

Robert: Jesus, whoever you are, I don't know you and I didn't cry out to you.

Jesus: I'm Jesus Christ, the Son of God. I do know you and I love you. I want to be your Lord and Saviour.

Robert: What do you mean, you know me and love me and what's this about wanting to be my Saviour? Tomorrow at 6 PM I will be executed and nobody can save me.

Jesus: You can have eternal life.

Robert: I've seen a lot of human beings strapped to that gurney and injected with poison. None of them have lived.

Jesus: Many of them have accepted the gift of eternal life and are now living in Paradise with me.

Robert: My brother talked about you all the time but he died a few years ago. He would come visit me and tell me about forgiveness and Heaven but I didn't pay any attention.

Jesus: I saw your brother today. He's always asking me to come see you but I couldn't until you called out to me.

Robert: My brother is alive? Where is he?

Jesus: Yes, he is very much alive. He lives with me in Heaven and you can too.

Robert: What do you mean I can too?

Jesus: I love you. I died on the cross to pay for your sins so that you can have eternal life.

Robert: If you died on the cross then how are you in this death row cell with me now? You seem very much alive to me.

Jesus: I rose on the third day after I died on the cross.

Robert: I remember being taught that when I was a child. My mother took me to church but I haven't been in a church since I was five years old.

Jesus: I know you haven't been to church in twenty-five years. I know everything about you, even how many hairs are on your head.

Robert: If you know everything about me, you know that I have been a terrible man, a mean and angry man.

Jesus: You can be forgiven for all the bad things you have done.

Robert: What about murder? Can I be forgiven for that?

Jesus: Yes, you can be forgiven for murder. Trust me, sin is sin and you can be forgiven.

Robert: What do you want from me?

Jesus: I want your life.

Robert: But I only have twelve hours left to live.

Jesus: In that twelve hours I will fill that void in your heart with love, peace and happiness.

Robert: What do I have to do?

Jesus: The first step is written in Mark chapter 11, verses twenty-five and twenty-six. Open your Bible and read what is written.

Robert: I haven't opened this book in years. I don't understand all the ye's, thee's and thou's.

Jesus: Read what is written.

Robert: “And when ye stand praying, forgive, if ye have ought against any: that your Father also which is in heaven may forgive you your trespasses. But if ye do not forgive, neither will your Father which is in heaven forgive your trespasses.” I don't understand it. Can you explain it to me in plain language?

Jesus: If you hold anything against anyone, forgive them so that your Father who is in Heaven may forgive you.

Robert: You mean I have to forgive everyone?

Jesus: Yes, everyone.

Robert: Even my enemies?

Jesus: Everyone. You can hold nothing against anyone.

Robert: I have to forgive the judge, the jury, the people that want me dead and even the people that are going to kill me?

Jesus: Everyone.

Robert: Now I have a lot of questions.

Jesus: We have eleven hours and forty-five minutes. Depending on your decision, we may have eternity to answer your questions.

Robert: You say I have to forgive them but don't they have to forgive me?

Jesus: If they want to be forgiven and accept the gift of eternal life they must forgive you.

Robert: They want me dead.

Jesus: They're wrong to want you dead. To want someone dead is the same as murder.

Robert: So the judge, the jury and anyone else that wants me to be executed are murderers?

Jesus: Yes. Vengeance belongs to the Father only.

Robert: But some of them are Christian and go to church every Sunday.

Jesus: Going to church doesn't make someone a Christian. Anyone that wants you to be executed is not a Christian, yet.

Robert: If wanting someone dead is murder then common sense tells me the death penalty is wrong. It's murder. Why does God allow it to continue? Why does he allow injustice and even the execution of the innocent? I know of innocent people that have been executed. The man in the next cell is innocent.

Jesus: Because He loves you because He is all loving.

Robert: I don't understand that at all.

Jesus: When the Father created mankind He gave them free will. He wants mankind to love Him and each other of their own free will. It's that free will that allows people to make mistakes such as the death penalty. Humanity is slow to learn. It’s all part of His plan. To be a Christian is to forgive and be forgiven by the Father You must be sincere.

Robert: Come to think of it, there's no reason not to forgive but every reason to forgive.

Jesus: Absolutely right.

Robert: All of a sudden I feel like a huge weight has been lifted from my shoulders. Here I am, eleven hours left to live and I have a big smile on my face.

Jesus: (Laughs) Feels good to forgive, doesn't it?

Robert: It's amazing! I'm ready to take the next step.

Jesus: Now that your heart is full of forgiveness you can ask God to forgive your sins and to be your Lord and Saviour.

Robert: All I have to do is ask?

Jesus: Yes, and mean it with all your heart.

Robert: Lord Jesus, thank you for dying on the cross for my sins. Please forgive me for all my sins. I open the door to my heart and receive you as my Lord and Saviour. Thank you for giving me eternal life. Make me the person you want me to be. Take control of my life. Amen.

Jesus: You have the gift of eternal life Robert.

Robert: I feel better than I have ever felt in my life.

Jesus: I love you and I'll never abandon you.

This conversation with Jesus is fiction but it is also very real. Forgiveness is the key to happiness and eternal life. Without it we have nothing.

November 20, 2001: Letter from Michael to Mr. Bill

Hello Mister Bill,

I hope and pray this correspondence reaches you having a very good day. I'm as well as this place will allow. For the time being, I'm being punished for “attempting to give another prisoner something to read.” It's a stupid rule but a rule no less. An officer in training cited me despite other guards telling him not to. They've taken my typewriter, radio, coffee pot, etc. away until February 1. I've appealed to the warden bit it has been two weeks without an answer.

Mister Bill, someone sent me the email addresses to all the pro-bono law clinics. Would you mind putting an email together and sending it to them. Maybe one of them will be willing to help. I would ask Denise but she doesn't know the case as well as you, plus she was just promoted so she'll be very busy for awhile. If you can help with this please be sure to explain that the State had to concoct a theory of “transferred intent” to be able to convict without any evidence and that Meeks has retracted his testimony and stated that he was told what to say.

I wrote to all the lawyers and Pro Bono Clinics that SA recommended but they all stated “We don't take Texas cases.” or “We have too many cases.” I hope you and your family have a wonderful Thanksgiving.

Your brother in Christ,
Michael

December 6, 2001: Mr. Bill: Pursuant to Michael's request, I sent emails to the following 22 universities with law school Pro Bono programs requesting their representation of Michael in an appeal for a re-trial of his case: Fordham: Thomas Schoenherr, Georgetown: Holly Eaton, University of Minnesota: Susan Curry, New York University: Vicki Eastus, South Carolina: Pamela Robinson, Southern Methodist University: Rebecca Greenan, Tulane: Julie Jackson, University of California: Cathy Mayorkas, Columbia: Ellen Chapnick, University of Florida: Kathy Urbach, Harvard: Alexa Shabecoff, Hofstra: Paulette Fagen, Howard: Nkechi Taifa, Loyola: Beth Sosler, University of Michigan: Rob Precht, St. Mary's University: Joaquin Amaya Jr., New York Law School: Adjua Starks, Nova Southeastern: Terry Sexton, University of Pennsylvania: Susan Feathers, Temple: Karen Forman, University of Texas: Eden Harrington, Yale: Theresa Bryant, and University of Houston Law Center: Merle M. Morris. The emails that I sent were not sent in vain--the University of Houston responded and was instrumental in getting the ball rolling to obtain legal representation for Michael and the re-trial of his case.

January 5, 2002: Letter from Michael to Mr. Bill

Dear Mister Bill:

I hope this reaches you and yours having a good day. Tonight I received M's email that you sent. Thank you for being so much help. Thank you seems very inadequate. As always I have a response for M. I have to set her mind at ease after upsetting her. I have a tendency to do that even though it's not deliberate. I should be able to get some stamps this coming week and then won't be so bothersome. Have you any news from Denise? I haven't. Can you get me the address to the Fort Worth Nature Center and maybe the name of the director? (Mr. Bill: It was no problem obtaining this information since the person in question was my next-door neighbor!) I need to ask them a very important question.

Michael

January 5, 2002: Email from Michael to MB in France forwarded by Mr. Bill

Hello M:

I received your email via Mister Bill and I now realize it is probably just the slow mail because of the holidays that are keeping me from having money on my account. I know the mail is very slow right now because last night and the night before I received many cards that were postmarked in early December. Also I received a huge package from Blackstone containing all my texts (for a paralegal course) but who paid the account in full? You said it wouldn't be paid in full until February. Someone gave me a wonderful Christmas gift but they're not telling me. This made me very happy. I realized just how far ahead of schedule I am, as far as completing the course and getting the diploma/certificate. Schaffer cannot send you copies of his letters to me because of “confidentiality.” He can't really tell you anything because to do so is a violation of attorney ethics (Mr. Bill: Attorney ethics is an oxymoron.) and could cause you to become a witness. It's difficult to explain. I'll have to tell you everything but not much through the mail because it is all censored and copied for the State. I can tell you that I received a letter from Josh (Josh Schaffer, Michael's new attorney after Strickland resigned) and the 4,000 is going to be used to have a forensic psychologist come here to interview me and polygraph test me. That's a digital test that is used to determine if a person is being truthful or not. Primarily the experts he is referring to are investigation experts and possibly tests for Kim and Meeks if we can somehow get them to agree (Mr. Bill: Lest we have forgotten- Kim and Meeks were the two State liars whose coerced, fabricated and perjured testimony was used to wrongfully convict Michael of capital murder.) Tena must set up a meeting with Randy and Josh to have a plan of action. She has to do EXACTLY what them and I tell her to do not what she thinks is so important. (Mr. Bill: Michael is exhibiting his tendencies to be an anal control freak here.) The lawyers say the exact opposite of her and they know what they are talking about. We may very well have to prove who committed the crime. I'll explain everything to Tim so he can relay it to you. I'm anxious to see him. When is he coming? Have you seen the film about Randell Dale Adams called: “The Thin Blue Line?” This is the story about him getting off DR and about Schaffer proving his innocence.

Love,
Michael

April 5, 2002: Letter from Michael to Mr. Bill

Hello Mister Bill:

I hope and pray this letter reaches you and your family having an exceptionally blessed day and you having had a very happy birthday. What is 39? (smile) I'm as well as is possible. If it makes any sense, I'm better than the best and worse than the rest. I apologize for the long silence, I didn't want to get you caught up in my depression and troubles so I took some time to get my head together, or I should say, try to get my head together. This situation has caused me to be very paranoid which causes me to react poorly to anything that seems untrue. The fact is, I'm absolutely scared to death of lies of any kind and I often think I'm being lied to. Not by you or any other specific person just in general. I'll spare you the details.

I want you to know the defense fund account will be used and you didn't open it for no reason. The only reason it hasn't been used as of yet is that the fund raising has been very slow. Since the 12,000 that was paid to the investigator we've only raised an additional 7500.00 or so. None of it has been raised here in the U.S. so we won't make any transfers until more is raised because of exchange rates and transfer fees. Besides, we may be hiring trial lawyers rather than appeal attorneys. This brings me to the good news I mentioned in your birthday card. In January I received a letter from the Dallas Morning News Fort Worth office in which they wrote something to the effect: “Your conviction and death sentence are going to be overturned by the Texas Court of Criminal Appeals because of a serious error made during your trial in regards to the judge's instructions to the jury on how to deliberate. It's taking an unusually long time for the court to reveal their decision but this can be attributed to the fact that it is a rare full reversal and it is a local election year.” They told me this because they want an interview as soon as the decision is revealed to the public but I was very leery of believing it to be true and even more afraid of getting my hopes up but they went on to describe the error which is the issue on “transferred intent” that allowed the jury to convict without any evidence. So, obviously they have a very good source of information. Then just a couple of weeks ago I received a letter from Robert Tharp who is another Dallas Morning News staff writer that I talked with a few months ago. He wrote the same thing but only said: “It is my understanding that your case has a very good chance of being reversed at which time the new evidence will become extremely valuable.” So it seems there is some truth to all of this. Plus it is very strange that the court hasn't rendered a decision yet. They've had the case for 2 1/2 years and people that came to D/R a year after me have already had their convictions affirmed.

If I'm reading the law correctly they must reveal the decision before May 15th. They released the opinions on Wednesdays. You can access their web site if you would like to see the opinion once it’s released. Denise has the address (URL) and case number.

By the way, Denise had knee surgery last week and has been off of work since because she had some seizures afterward. I don't know when you last heard from her but she has been promoted to assistant manager and has opened a new branch out in Southlake.

That's about all that has happened lately. The most exciting thing that has happened in my life is being moved from one cell to another because the cell door wouldn't lock. For almost two months I was in a cell with no locking door! And that's the second time it has happened. When we were first transferred to this new state of the art 65 million dollar waste of tax payer money, the cell door would come open all by itself a half dozen times a day. This whole place is JUNK! It leaks when it rains, the plumbing is always screwed up as well as the electricity.

Well Mister Bill, I'm going to close this very belated letter and send it on its way. Once again I thank you for all your help and believe me it's not in vain.

Michael

Mr. Bill: On May 22, 2002, The Texas Court of Criminal Appeals affirmed the judgment of the original kangaroo trial court and rejected Michael's appeal for a new trial. It was back to the drawing board time for me and the Cowboy.

July 22, 2002: The Key to Heaven by Michael Toney

I know many of my friends do not believe in God. While I don't understand their belief or lack of, I respect their decision but I won't portray myself as someone I'm not. You're probably wondering, “What is he talking about?” Well, in the last year or so I've been asked not to write so much about Jesus because I could alienate some of my friends and most recently a very dear friend who is creating a new web site for me and my cause asked me to write something each week to be posted on the site but not about God because it could hurt our credibility. I've thought about that for the last few weeks and I don't comprehend her rationale. Is she saying that God has no credibility or that I have no credibility because of my faith in Jesus? I don't know the answer but I look forward to asking her when she visits me next week.

I don't intend to alienate anyone but if I was to leave Jesus out of everything I write there would be nothing. I love Jesus not only for what He did for me but also for all of you. As far as credibility, isn't that when the majority believes the same as you do? My research shows that 90% of French citizens are Christian and about the same number of U.S. citizens. With that in mind, I'd like to share a conversation I had with a volunteer protestant minister that came to the front of my cell and offered me a Baptist newspaper. The man had a look of dread and fear on his face so I though I'd set him at ease by engaging him in a conversation. It was his first time inside death row and this is how the conversation went.

Michael: You said your name is John but did you say you're a member of the Baptist Church or Church of Christ?

John: Baptist.

Michael: Are you a Christian?

John: Of course. I just told you I'm a member of the Baptist Church.

Michael: I'm sorry. I don't understand how that makes you a Christian. I know many that belong to Pentecostal, Lutheran, Methodist, Church of Christ and dozens of other protestant churches as well as the Catholic Church that aren't Christians. In fact I don't even think they know what being a Christian is.

John: I'm a Christian. I've accepted Jesus as my Lord and Saviour.

Michael: Really?

John: Absolutely.

Michael: You said that you accepted Him but has He accepted you?

John: Of course he has.

Michael: That's interesting but I'm not so certain. Why do you hate me?

John: I don't hate you.

Michael: You don't! Well then why do you want my life to be terminated?

John: I don't hate you but the Baptist Church is pro death penalty and the Bible says: “An eye for an eye, tooth for a tooth.”

Michael: It sure does, but wasn't that before Jesus?

John: Yes...but...

Michael: God's law has evolved over thousands of years, but it's the law of Jesus that applies since He walked the earth, was executed, resurrected and ascended to Heaven. Yes, He was executed but back then they called it crucifixion. Do you know what Jesus preached?

John: Yes...but...

Michael: Jesus' word was and for eternity will be love, peace, compassion, empathy and forgiveness. Are you sure you really know Jesus and that He has accepted you or are you just a Baptist?

John: The Bible says I only have to ask for forgiveness for my sins and accept Jesus as my Lord and Saviour. I've done that.

Michael: Well John, you've only got it about half right which means you are half wrong and I believe that half wrong will keep you separated from God.

John: Where am I wrong?

Michael: First of all, you told me He has forgiven you but you didn't say anything about your forgiving others first. I can deduce that you haven't forgiven others or you wouldn't be pro death penalty. God cannot forgive you until you forgive everyone that has ever wronged you. We cannot expect God to forgive us when we continue to have anger, hatred, animosity and all those other negative thoughts and feelings. He said “Love your enemy and your neighbor” which means you can't hate anyone.

John: Hmm...

Michael: You said you don't hate me but you believe I should be killed. I personally don't believe that's possible. I don't think that we can forgive someone and still want them dead. If we want someone dead it's the same as murder.

John: But the Bible says...

Michael: I know it says we must follow God's law and the law of man but as I'm sure you know man's law often contradicts God's law because mankind is not perfect, only God is. Man is very slow to learn and because something is man's law doesn't mean its right. Man doesn't have the right to determine who has the right to live and who must be killed. Only God does! The fact is it is NEVER right to take the life of another.

John: You've taught me a lot in the last few minutes and I understand what you mean about me not being a Christian.

Michael: I haven't taught you anything. I've only helped you to find what is already inside of you and I didn't say you're not a Christian. I merely asked you if you are absolutely certain you are a Christian.

John: I know but I realize I'm not.

Michael: Do you still want me to be killed?

John: NO!

Michael: I'm glad you don't but even if you said yes I would still love you and forgive you. That's what being a Christian is. Do you mind if I tell you something else?

John: Sure, anything. I've learned more in thirty minutes talking to you than I have in all my life in the church.

Michael: Well, you haven't really learned from me but from Jesus. You see I strive to be like Him so that you see Him in me. John, I'm completely innocent of the crime I am condemned to death for. The jury was lied to and they made the wrong decision because of the lies. Don't take me wrong. I've been a bad person through most of my life and it took this dire situation to cause me to really seek out Jesus but I'm not a murderer. Do you believe me?

John: Yes, I do.

Michael: Even if you didn't believe me I would love you and forgive you but I'm happy you do believe me. It's very important to me but why do you believe me?

John: Because I see the love of Jesus in your eyes and I hear Him in your voice and in your words. Your innocence is obvious in everything you say and in your obvious sincerity.

Michael: Did you know that Pontius Pilate told the people, “I find no guilt in this man.” before he handed Jesus over to be executed?

John: I know. He was innocent.

Michael: I asked you that to show you that humanity is slow to learn and we're still making the same mistakes. Actually Jesus is the only truly innocent man to ever walk the earth but he was executed by man. While Jesus was on the cross He said: “Father forgive them for they know not what they do.” I'd like for you to think about those all important words.

Michael: Do you understand why Jesus said those words and exactly what he meant?

John: I already understand what you mean. I can't believe it. I came to death row to minister to the condemned and I end up being ministered to by the condemned. The Lord works in mysterious ways.

Michael: It shouldn't surprise you to find Jesus inside a place where men are condemned to death. He was executed! John, why did you come here?

John: I thought I was coming here to minister to the men here and to comfort their souls but now I'm not so sure that was my real reason. Maybe I was doing it for myself. I don't know. The way I feel right now, I was directed by Jesus.

Michael: Let me ask you another question before you leave. I don't need to know the answer but I'd like for you to meditate on the question and pray about the answer.

John: Sure ask anything.

Michael: Don't take my question out of context because the purpose is to provoke thought only. If someone was to, God forbid, take the life of one of your children could you forgive the murderer?

John: No! I don't think so.

Michael: So you would rather carry your vindictive hatred to your grave and be eternally separated from God and your child in Heaven? John, a Christian knows life on earth is very short but eternity in Heaven is...FOREVER. Death doesn't really exist to a Christian.

THE KEY TO HEAVEN IS FORGIVENESS!

I don't know if John will ever come back to death row but I do know I saw Jesus stirring in his eyes as he was leaving.

Mr. Bill: I dismiss this mimeographed composition as another one of Michael's metaphysical fictional diversions. Michael is a gifted writer and he really had me going there for a moment because he was pushing all of my religious buttons and talking the talk but he lost me there at the very last. Michael's last words to the fictional John were a thinly veiled allusion to Susan Blount. Susan, I apologize for Michael's insensitivity and tackiness. Your feelings toward Michael Toney will not hinder you from a reunion with your daughter and husband in Heaven. God bless you Susan Blount.

August 9, 2002: Letter from Michael to Mr. Bill

Dear Mister Bill:

I hope and pray this letter reaches you and your family having a good day. I'd like to be able to inform you that I am well but it wouldn't be the truth. To say the least, I've been an absolute nervous wreck because of the federal judge's decisions, etc. He ordered my Federal Appeal filed within 35 days when I'm supposed to have 1 year from the date the U.S. Supreme Court denied my petition for review which hasn't even happened yet. He also appointed Strickland which is as bad as giving me a “death warrant.” Finally, during the conference call I told the judge about having money so THANK GOD he denied the motion to proceed as a pauper which in effect stopped all court orders. Now we are talking with lawyers from up north which I don't particularly like the idea but I agree I need lawyers from outside Texas. It must happen very FAST though. Strickland wanted us to forward him 50,000 to 75,000 dollars...NO WAY!

Mister Bill, I need your help with a few things. What's new right? I am completely disgusted with the way things have been happening and NOT happening with E. I know she has a lot of personal problems but I'm completely convinced she is aiding the enemy. It's as if she has to get permission from someone before she does anything to help me. She refuses to send me copies of legal documents and stuff I have written for magazines that they are waiting for and then there's the MONEY problem. “ACCOUNTING IRREGULARITIES” to say the least. Sometimes it takes me two and three months to get money from her after it arrives. She says things like: “Well, my water bill came the same day as the money.” or “It's too tempting.” Just last week she said “It's too tempting.” and then a few days later 500.00 came up missing. It wouldn't be so bad as far as the money goes because God knows I would give it to her if she would ask but she doesn't even come see me and when I ask pertinent questions she ignores me. It's caused me MANY problems I cannot tell you about in this letter. I don't think she understands the magnitude of the consequences on me. About the 500.00, because of the on going problems my friend had 3 500.00 cashiers checks sent to E and 3 500.00 cashiers checks sent to my friend Edwin. All the money to Edwin arrived with no problem. That 1500.00 is being posted to E in cashiers checks payable to the defense fund. I know she has deposited 500.00 into the account and possibly another 500.00 by now. Two small checks are being returned because they (the bank) charge 50.00 each to cash them. E doesn't understand that I'm just trying to prove my innocence and stay alive and live the best life I can while I'm in this hell hole. IT’S NOT EASY! I have to stay busy which is why I write and why I've begun taking the law courses which she screwed that up too. She enrolled me in the reduced rate plan which would make it impossible for me to complete before GOD forbid I am murdered. I'm trying to get that problem corrected.

****

Mr. Bill: Oh what a tangled web we weave when first we practice to deceive! As I mentioned previously, E's husband was not aware that she was helping Michael. E's husband also forbade her to help Michael and threatened to divorce her if he caught her aiding and abetting the enemy. Another reason E found herself between a rock and a hard place was that she had a child with Michael and her current husband used to be a good friend of Michael. All I can say is, “Oy vay!” Shortly after this tempest in a teapot erupted I assumed the role of middle man and cut E out of the loop and became the primary person who sent Western Union money transfers to Michael's inmate account and paid for various and sundry items that Michael needed.

****

Here's where I need your help. Every so often I need money sent to this person or I need to buy supplies or law books or pay a newspaper subscription. For instance, right now I'm needing to order supplies and some law books but E ignores me. The supplies from Office Depot, Staples or wherever MUST arrive before September 1st or because of a policy change I can't have them. Here's what I need: 1 box of #10 business envelopes 500 count, 1 box of 9 x 12 manila clasp envelopes 100 count, 2 dozen yellow only legal pads, and 50 sheets of good typing carbon paper. (Mr. Bill: No problemo Michael. I went online and charged these supplies to my personal credit card and the good people at M'AIM reimbursed me.)

I'm needing quite a few legal books but I've been trying to get E to print the information from the Prison Legal News web site for months so I could order the books from them BUT she refuses. There are five other books that I need to order form the Georgetown Law Journal. I've asked her to email them about the price but once again, no response from her. I need volumes 84 through 88 of the Criminal Procedure Project which comes from Georgetown University. The back issues I need must come from William S. Hein and Co. They shouldn't cost more than 10.00 each which is the inmate rate. If they're a little more that's fine. (Mr. Bill: Pulled a miracle out of my backside and obtained Michael's law books. The good folks at M'AIM reimbursed me)

I don't know if E has done it or will do it but I also need 150.00 on my account here. Maybe you can talk with her about all of this and find out what she is or has done etc. I just don't know. I've concluded it’s a waste of stamps to ask her because she just ignores me. My life is riding on the copies I've been asking for the past two months but she doesn't seem to care. (Mr. Bill: Took 150.00 out of the defense fund and wired it to Michael's inmate account.)

Another thing, I authorized her to give the investigator a check for 500.00. Would you explain to her that it must be a check drawn on the MTLDF so that every penny can be accounted for. She doesn't seem to understand.

Mister Bill, I apologize for asking so much of you. I just can't help it. I don't know what else to do. Time is very short for me. Would you let me know something as soon as possible? PLEASE!

Sincerely,
Michael

August 14, 2002: Letter from Mr. Bill to Michael

Greetings Little Brother!

Sorry to hear that you are having problems man. I checked on the DF status on 8-14-2002 and it shows that there is a balance of $1609.50. E sent me an email August 13 and told me that she has been having problems with the bank:

1. They would not deposit personal checks written in French on a French personal bank account.
2. They were not sure that checks to be written were valid because she has not written a check on the DF since it was opened 2 years ago. She asked me to check and see if the correct routing number was on the checks. I checked and it was. I sent her an email August 14 informing her that she could write checks on the account.

I don’t think that E is working for the enemy or mishandling your funds but if you are not sure then please have your financial supporters mail their donations to my home address and I will be glad to deposit them in the account myself. Also, please ask your foreign supporters to send donations in the form of a certified cashier’s check or International Money Order because it is a royal pain in the rump to get a personal check cleared from a foreign bank: Comprenez-vous mon ami?

I will relay your request for funds to your prison account to E and check with N about those law books you need. Hang in there bro and keep the faith and especially KEEP YOUR PATIENCE WITH STRICKLAND AND THE OTHER ATTORNIES PLEASE! I ask you to be patient bro because you are only cutting off your nose to spite your face when you alienate your attorney.

Also, be patient with E- she is stuck between a rock and a hard place: she told me last summer that her husband is not aware of her efforts to help you and that he would probably divorce her if he found out.

Later Bro!
Mr. Bill

August 23, 2002: Michael Toney Journal Entry on the Death Penalty

Have you ever asked yourself, “Why am I for or against the death penalty?” I think most of us would be surprised by our reasons. I'm right on the borderline leaning over the safe side. If I am going to err I choose to do so on the side of life. The fact that I am on the borderline may seem peculiar considering the fact that I am an innocent man facing death by lethal injection but through the unfortunate circumstances I am witnessing capital punishment from the belly of the beast. I often battle my own morals and personal belief system on this subject. I understand and respect both opinions but I believe our opinions, especially on this issue are subject to change.

The only way we can truly know how we feel about capital punishment or any other serious matter is to evaluate ourselves and to do so by asking ourselves questions concerning what is most precious to us. How would you feel if someone was to take the life of your child, would you want the murderer to be kept in prison for the rest of his or her natural life or would you want them to be executed? I know it's unhealthy to imagine such horrible things but it's the only way we can know how we sincerely feel. Personally, I don't think I could live with the loss or allow the murderer to live. I most certainly couldn't live with the conscious desire that someone be killed which cuts right to the heart of my spiritual belief system. Would you be able to forgive your child's murderer? I don't believe I have the strength to do so. By what I have written thus far, we can determine with absolute certainty that I am what I detest most: a selfish human being! I'm selfish because I am against capital punishment unless the murderer has taken the life of my loved one. I don't think anyone should be put to death unless the murder has directly affected my own life. I'm very much ashamed of this selfish and hypocritical attitude but it’s the truth and I must work to change it.

You may be thinking, “Why would he contemplate these things in such a terrible light?” The reasons are many but it is impossible to contemplate death and murder in any kind of favorable light. I currently reside among men who have brutally taken the lives of men, women and children. Some of the things done to their victims before they were killed was worse than the death itself. I see the lack of remorse, the smiles, and I hear the laughter that comes from the majority of the murderers. When I see and hear this I can't help but think of their victims and feel the pain of their victims loved ones. Often we can't perceive a situation correctly without contemplating being in the situation ourselves. Isn't that what empathy is, feeling what others feel? For these reasons part of me believes death as punishment is acceptable if not inadequate justice. But, I am wrong which I will attempt to explain.

Why am I opposed to capital punishment? First and foremost, I am a Christian and to the best of my ability practice what Jesus preached about love, peace, grace and forgiveness among other things. According to His word we must forgive others so He can forgive us and give us the gift of eternal life in Heaven. Can we forgive someone and still want them to be executed? No! That's why I ask the question of whether or not you can forgive your child's murderer. Obviously, I am not a good Christian because I've already admitted that I doubt I would be able to forgive someone who has taken the life of my child. Not only do I doubt I would be able to forgive them I would probably want them to be executed. We can only pray it never happens to us. If we have a vindictive heart we are not Christian and we do not forgive we cannot be forgiven. Therefore, we cannot be given the gift of eternal life in Heaven. We will be separated from God and from our loved ones in Heaven, if we do not practice what Jesus preached about. This is another example of selfishness because our desire for vengeance will forever separate us from the ones we love.

Secondly, as an innocent man facing execution I know first hand just how fallible the justice system is. Any biblical call for justice is invalidated by the unjust way mankind renders it. As long as there is a chance of executing an innocent person the death penalty cannot be justified. After all, the only truly innocent to ever walk the face of the earth was executed two thousand years ago. His words while on the cross still echo proof that capital punishment is wrong today: “Father forgive them for they know what they do.” Mankind has progressed very little since then for we are still killing human beings in the so called name of justice. Who are we to determine who has the right to live or who must die? When we determine who can live and who must be killed we are placing ourselves in a position higher than God. The fact is, it is never right to take human life.

Finally, not all murderers are remorseless. I know of men who constantly torment themselves and anxiously await death. For those that feel remorse, life is far greater punishment than death.

Michael Toney
“An Innocent Man”

Mr. Bill: I beg to differ with Michael on one point in this lengthy metaphysical musing. My point of contention is that Jesus' gift of forgiveness and salvation is not conditional. If a Christian has an unforgiving spirit it will not separate them from their loved ones for all eternity. An unforgiving spirit in a Christian hinders a close personal relationship with the Saviour and blocks their communion with Him--it does not condemn them to hell. I believe that Michael belabored this point about forgiveness to assuage his conscience and sense of justice in the event that he was executed--he felt that if he were to die for a crime that he didn't commit then the judge, jury, prosecution, false witnesses and executioner would spend eternity in hell paying for their unforgiving and vengeful spirits.

August 23, 2002: Letter from Michael to Mr. Bill

Hello Mister Bill:

I must not have been clear in my last letter because tonight I received the enclosed returned package notice informing me that a package from you was returned. I cannot receive packages from individuals, only the store can send them to me. (Mr. Bill: Oopsie--my bad! I had to take the package of returned office supplies back to Office Depot in Weatherford and pay them to resend it to Michael in their magical TDCJ approved container. This is only one of many examples of chickenshit TDCJ rules.)

Still no money from E and no word from her either.

Would you contact SA about the lawyer situation? She could use your help. The Feds denied my request to proceed as a pauper. Now the clock is ticking and no lawyer. We have about $55,000.00 but we're having trouble finding someone.

Michael

August 26, 2002: Email to SA in FR from Attorney Jack Strickland forwarded to Mr. Bill

Date Received by SA: July 30, 2002

Ms A:

As you may know Judge McBryde has denied Mr. Toney's request to be allowed to proceed as a pauper in his federal writ of habeas corpus. Mr. Toney's only option is now to retain counsel. I have told Mr. Toney that if he wishes to do so, he must do so immediately. I am sure that is true whether he retains me or whether he retains someone else. If Mr. Toney is interested in retaining me he must immediately transfer, or cause to be transferred, a minimum of $25,000 to me to be placed in escrow. I will then work out the details with Mr. Toney as to hourly rates and whether to engage the services of an investigator. I do not think it likely that $25,000 will be sufficient. Even at a reduced hourly rate I would anticipate fees to be not less than $50,000 and probably closer to $75,000. I anticipate receiving an order from Judge McBryde within the next day or so ordering Mr. Toney's application. If any, be filed within 35 days. Therefore, time is of the essence. Please let me know immediately of your intentions. I am out of the office and unavailable until Friday.

Sincerely,
Jack V. Strickland

August 26, 2002: Letter from Michael to Mr. Bill

Dear Mister Bill:

I hope this letter reaches you and yours having a good day. I wish I could say I'm well but it just wouldn't be true. In fact I'm an absolute nervous wreck. Things just won't go right.

I apologize for not being clearer on the office supplies. I didn't have any idea you didn't know how it was done or I thought at least if you didn't know you would ask E. I hope its not too much trouble to correct.

As always I need your assistance, please. I need to send a most urgent email to SA. Did you get the 12 pages I sent you about MH? I tried to ask LC some questions by mail but he opened and read my letter and then returned it “refused.”

I don't want to bother you any more than I must so I will write the email for SA and then send this on its way.

Thank you,
Michael

August 26, 2002: Email from Michael to SA in France forwarded by Mr. Bill

Dear S:

I hope this email reaches you having a good day. This morning I received the unadulterated trash Petition for Cert. filed by Ford as well as a note saying: “This concludes my representation.” The Petition is a waste of paper! Its 6 pages long, actually 5 and 1/2 after you take the errors out it may be 3 pages of nothing. It will be denied in short order. Then tonight I received your note with the hard copies of emails to Secrest, Owen, etc. I don't think most of them even see their email. I think we should do what we can to hire J.M. He wouldn't even need to come to Texas unless we are granted an evidentiary hearing. I'd like to meet him at least once but it’s not necessary. The big mail just came and I received the newspapers from my home area and the one from the town where Kim lives. (Thanks Mister Bill) Please relay to C and M about the money and let me know exactly what is available. It should be something like 58,000 counting CD. I sent R and email via Edwin yesterday so he can print a plea for funds. I don't even know where to write to him since he has moved and I don't know if he has received the letters I have sent to the L'Iti address. We shouldn't have to pay for experts until they are needed. I asked Mister Bill to contact you so maybe he could help with the lawyer search. I hope! Also I just found out the idiot Strickland didn't include the Meeks affidavit with the 11 copies of the writ app. requested by the court in January even though it was filed in District Court. They didn't even see it. That man didn't even read the record. Please give me some good news soon.

Love
Michael

August 27, 2002: Letter from Michael to Mr. Bill

Mister Bill:

For the last month and a half I've been asking E to send money to three prisoners and myself via Western Union but she hasn't done anything and it’s causing me a lot of problems. My friend C sends money for a lot of different people and to me some times but its not getting done. Would you ask her if it’s been done and if not would you take the money from the account and send it Western Union. You can do it by phone on a credit card. (Mr. Bill: E came through and sent the money to Michael and three other prisoners before I had to take any action.) Our next day to make purchases is 8/28 so if you can please send them money before then. Sorry for all the trouble. Please these men are madder than hell.

Thank you,
Michael

P.S. There is 1000.00 missing that was sent to E and 140.00 to Edwin. SA put a trace on all the Euro bill serial numbers through the exchange place to see where they went.

August 28, 2002: Letter from Jack Strickland to Michael forwarded to Mr. Bill

RE: No. 4-02EV-600-A, Ex Parte Michael Roy Toney

Dear Mr. Toney:

I am writing to urge you to decide what you wish to do regarding the prosecution of a 2254 writ application (Mr. Bill: A 2254 writ application is a Federal habeas corpus). As you may know, Judge McBryde has closed the above-referenced action inasmuch as he declined to appoint counsel and no attorney has yet entered an appearance in your behalf.

Although I do not know for certain, I believe that Judge McBryde has determined that he lacked authority to speed up the filing deadline for the filing of your application. The catch-22 which you face is that if, and when, the Supreme Court denies your cert writ, Texas will set an execution date a federal court must then grant a stay. The federal court will not do that unless you have a 2254 action pending. That may mean that you will once again be forced to argue that Judge McBryde lacks authority to shorten the one year limitation. My best advice is to begin work now, as this time may prove critical later.

This concludes page 77 of 154. If you would like to read the rest of the story then please go to the following URL to purchase the entire book:
http://www.smashwords.com/books/view/6939

Sincerely,
Mr. Bill Davis
mrbilldavis@yahoo.com