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From the Greer hills of Kentucky – 3

Part 1 : here

Part 2 : here

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They finally show up and im out of there with my army bag. They live in a really nice appartment complex in a good neighborhood. They held me find a good job. I have a new name, a new I.D. and all is going well.

Then one Friday night after a hard weeks work i go to a local bar for a few beers and this want a be pimp tries to sell this very young girl to me for $20 she could not have been more than 15 years old. I tell the pimp lets go out back and talk it over when we get out back of the bar i beat the crap out of him and leave him laying in the dirt. I go back inside and tell the young girl that her pimp got a phone call and told me to tell her too go home that he had to go take care of something. I go to another bar just across the street where i get very drunk and black out.

I wake up the next morning in a jail cell they tell me that i walked into some guys home and while he was asleep in bed beat him up pretty bad. None of this do i remember. They tell me im being charged for aggravated battery and armed burglery. They tell me they know my real name and that im wanted for escape, Parole violation and stealing a car in Kentucky. On top of that, they question me about a rape of a 49 year old woman at a 7-11 store just down the street from the appartment where i was living with those friends from Kentucky. They ask me if i would agree to give blood and sperm samples. I do so because i knew i had not rapped anyone. So they give me a old porn magazine and a cup i give them a sperm sample in the cup. Then they take me to a hospital where they take blood samples.

Then they take me to the main jail where im booked i end up pleading guilty to 17 years for beating up that man while he was asleep in his bed. They send me to prison and about one year after they took the blood and sperm samples they come to the prison and get me and take me back to the county jail where they book me for rape and kiddnaping. They inform me they got a DNA match of 1 in 26000 which is a very low number in 1989. I know there must be some sort of misstake and im not really worried especially after reading the police reports and statements made by the Rape victim and other wittnesses. The Lady who was rapped tells the Police the man had a New York accent that he was 5 Foot 7 inches tall 150 or 160 pounds. My accent is very southern and could never be misstaken for one from New York. Im 6 foot 1 inches tall and i weighed about 200 pounds.

Just before the trial is about to start the Judge calls me up to the stand and ask me if we can make some sort of Plea agreement. He offers me 17 years to run with the 12 that i allready had which would meen doing no more time that i allready have. But i refuse to plead guilty to such a ugly crime that i did not do and be labeled a rappest for the rest of my life. This pisses the judge off. At the Trial the Nurse who did the Rape kite on the victim told the jury that the victim told her it was a black man who rapped her. The scientist who did the DNA test told the jury that i have a special blood type and it would be unfair to use this test to convict me. She allso told them that it had been some problems with defferant stages of the test and some had to be reported several times. Then there were the mistake items from the evidence bags that were collected at the crime scene. One evidence bag had the broken remains of a glass but nothing else nor any record of what had been in the glass. There were many other things that took place during the trial that prevented me from getting a fair trial and even with all the evidence in my favor the Jury still found me guilty and because i refused the Plea offer from the judge he gives me the max on all counts which ended up being 3 natural life sentence.

I spend the next 10 years selling Pot in prison so i can pay the inmate law clerks to help me get a new trial on appeal. I had just filed my federal appeal when the Florida suprem Court changed the Law on how DNA Evidence is presented at trial. 3 new cases come out right after the change granting New Trials in all 3 cases. So i amend my Federal appeal and add this change in the Law on DNA and list the 3 New Trials case names and its a 90% sure chances that i will allso get a new trial. After waiting about a year with no response i write the Court and ask about my case. The judge writes back telling me my case was denied and closed over a year ago. But i never got any type of notice from the court when they denied my appeal and the Law clerks tell me in procedurally bared from appealing my case any highes up basically that im screewed and there is nothing i can file to do anything about it.

Shortly after all this sometime in Dec. of 1998 my locker in broker into and $500 in cash that i had hidden away to hopefully pay one of the Law clerks to find some way to get my case back in court is stolen. 2 days later while making a drug pick up 2 inmates attempt to rob me. I defend myself and end up killing one of the would be robbers who happens to be the same inmate who broke into my cell and stole the $500 cash 2 days before.

Im sent to Death Row for this where i have been since July 2000. All my appeals have been denied and unless i can find some New Evidence to file a new appeal it is only a matter of time before my Death warrant is signed and im executed. What i need is a New Lawyer and good inverstagator.

Aside

Information on Allen’s Case


On 08/28/00, Allen Cox filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in failing to declare a mistrial following a discovery violation by the State and a testimonial violation of an order in limine. The Florida Supreme Court noted that, although a discovery violation did occur, it was inadvertent and did not prejudice Cox’s case and that the trial court gave the proper curative instruction following the violation of the order in limine. Cox claimed that the prosecutor’s misstatements of the law constituted fundamental error and that the trial court erred in the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court affirmed Cox’s conviction and sentence of death on 05/23/02.

Cox next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied 01/13/03.

Cox filed a 3.850 Motion in the State Circuit Court on 01/08/04 that was denied on 04/21/05.

Cox filed a 3.851 Motion Appeal in the Florida Supreme Court on 05/23/05. On 07/05/07, the FSC affirmed the denial of the motion. A Mandate was issued on 10/11/07.

Cox filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/17/06 that was denied on 07/05/07. On 10/11/07, a Mandate was issued.

On 10/02/07, Cox filed a Successive Motion for Postconviction Relief in the State Circuit Court that was denied on 03/24/08.

Cox filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 10/17/07. This petition was denied on 04/08/09. Cox filed a Certificate of Appealability on 05/0709, and it was denied on 06/05/09.

On 05/12/08, Cox filed a 3.850 Motion Appeal in the Florida Supreme Court. This petition was denied on 03/12/09.

On 05/19/09, Cox filed a Habeas Appeal in the United States Court of Appeals. The USCA remanded the Certificate of Appealability back to the United States District Court, Middle District on 08/09/10.

Other information on this case : http://www.floridacapitalcases.state.fl.us/case_updates/Htm/188854.htm

Society

Death Row in an American Priso

Death Row in an American Prison

 

What does it say about a society that is well aware of how corrupt and unfair the legal system is in this country – especially to the Poor and Mentally ill – but still allows someone to be sentenced to Death, who is then put in a prison cage where he or she is treated like some type of animal and is torrmented and physically and emotionally abused by prison guards for the next 10 to 15 years while the condemned waits for the appeal process to run its course?

 

Many chose not to beleave this is happening and look the other way. But many others are fully aware of these condemned are being abused and are ok with it.

And its not just one or two prisons that this is taking place in. Its happening in allmost every state in this country, when a person is sentenced to Death for a crime losing there life is payment for that crime.

So would you not agree that by being placed in a cage for 15 years while being abused by prison guards while the person waits to be executed is a second punishment on top of losing there life?

I agree that many deserve to lose there life for the crimes they have committed. But i do not agree they should be abused while they wait to be executed.

 

I have lived in one of these cages for the past 12 years and tell you no man should be treated in this way and then executed. If you have the guts and really want to know if this is all true just open your eyes and take a look.

 So i ask you again what does it say about our society that allows this to keep taking place ?

From the Greer hills of Kentucky – 2

Part 1 : here

 

I pack up all my camping gear and food and get my step brother to drop me off down next to Green River just below the dam. He agrees to drop off food and beer and other stuff at a spot close to a old enpty house every few days. I head off down the river untill i find a good camp site i set up my camp site ther head down the river untill i get to a big corn field. This is my main reason for escaping from jail because in this corn field have around 150 Pot plants all 6 or 7 feet tall and about 3 feet wide. This is the best crop I ever had I ckeck to see how there doing and prun a few whichs gives me something to dry out and smoke on I go back to camp and set out my trot lines in the River so i can have fresh fish for breakfast. My girlfriend gets droped off at the old empty house from time to time and she spends the night and getts picked up the next morning. She allways brings food and beer and other supplys needed when she comes I stay down on the river for about 3 months untill my plants are ready for hearvest. And let me tell you it was a big job packing all those plants up the river to that old house. Thats where i hung them up to dry and then baged up all the buds.

I then told my girlfriend to contact one of my friends to come pick me and the bags of pot up at that old house. He does and we move it all to a safe spot in another empty old house. At least i thought it was a safe spot. My friend took me back down to the river and dropped me off and while i was packing up my camp site he went back to where we stashed all my pot and took all of it. He was supose to come back the next morning to pick me up. But instead he told the cops where i was hidding out at. And if it had not been for a Blue Jay Raising care the next morning they would have cought me right there. But i got away thanks to that bird and later found all my pot gone and it was clear my friend not only took all my pot. But had allso sent the cops to my camp site. Let me tell you the cops had been hunting high and low for me since my escape and where hot on my trail when my friend told them where to find me. My plan had been to sell all the pot and turn myself in. By the way both my cousins had turned themselves in after only 5 days they said they were hungry.

Well with no pot and no money i descide to head south where its warm and not turn myself in. I borrow money from everyone that i can and get on a grayhound bus headed for Ft. Laudardale Fl. where some friends from home were living and told me i could stay with them for awhile. While im waiting at the Bus station for them to come pick me up i allmost had a heart attack. All of a sudder cops swarm the bus station they are checking all busses going north. One has a drug dog and walks by me the dog stops and just stars at me then walks on sitting next to me is my army duffed bag with all my clothes pluss about a pound of good old Kentucky skunk. But which was all that was left of my 150 plants that got stolen by my friend as soon as the cops finish there check i put that army bag in one of those coin lockers and hide the key in my shoe and sit back down and wait on my friends to come pick me up.

I pack up all my camping gear and food and get my step brother to drop me off down next to Green River just below the dam. He agrees to drop off food and beer and other stuff at a spot close to a old enpty house every few days. I head off down the river untill i find a good camp site i set up my camp site ther head down the river untill i get to a big corn field. This is my main reason for escaping from jail because in this corn field have around 150 Pot plants all 6 or 7 feet tall and about 3 feet wide. This is the best crop I ever had I ckeck to see how there doing and prun a few whichs gives me something to dry out and smoke on I go back to camp and set out my trot lines in the River so i can have fresh fish for breakfast. My girlfriend gets droped off at the old empty house from time to time and she spends the night and getts picked up the next morning. She allways brings food and beer and other supplys needed when she comes I stay down on the river for about 3 months untill my plants are ready for hearvest. And let me tell you it was a big job packing all those plants up the river to that old house. Thats where i hung them up to dry and then baged up all the buds.

I then told my girlfriend to contact one of my friends to come pick me and the bags of pot up at that old house. He does and we move it all to a safe spot in another empty old house. At least i thought it was a safe spot. My friend took me back down to the river and dropped me off and while i was packing up my camp site he went back to where we stashed all my pot and took all of it. He was supose to come back the next morning to pick me up. But instead he told the cops where i was hidding out at. And if it had not been for a Blue Jay Raising care the next morning they would have cought me right there. But i got away thanks to that bird and later found all my pot gone and it was clear my friend not only took all my pot. But had allso sent the cops to my camp site. Let me tell you the cops had been hunting high and low for me since my escape and where hot on my trail when my friend told them where to find me. My plan had been to sell all the pot and turn myself in. By the way both my cousins had turned themselves in after only 5 days they said they were hungry.

Capital Punishment As a Crime More Dreadful Than Murder: Dostoyevsky on the Guillotine

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On the 22nd of December 1848, Dostoyevsky, the famous Russian writer, had been subjected to a false execution, ordered by the Tsar, who pardoned him a few moment before the execution.

In his major novel, The Idiot, he writes :

“Now with the rack and tortures and so on—you suffer terrible pain of course; but then your torture is bodily pain only (although no doubt you have plenty of that) until you die. But here I should imagine the most terrible part of the whole punishment is, not the bodily pain at all—but the certain knowledge that in an hour,—then in ten minutes, then in half a minute, then now—this very instant—your soul must quit your body and that you will no longer be a man—and that this is certain, certain! That’s the point—the certainty of it. Just that instant when you place your head on the block and hear the iron grate over your head—then—that quarter of a second is the most awful of all.”

Decision handed down by the Florida Suprem Court about Allen’s Case

allen cox, Florida suprem court

From the Greer hills of Kentucky – 1

24 Years Old, just getting out of Kentucky Prison, 1986

24 Years Old, just getting out of Kentucky Prison, 1986

To a dark cell on Floridas Death Row,

 

Its July of 1989 and im in the Taylor County Jail in my hometown of Cambellsuille Kentucky. Im waiting to be sent back to prison for a Parole Violation from getting arrested for Drinking in Public. My cousins Brian and Rex Garrett are also waiting to be sent back to prison and we get the bright idea to escape The Jailer on the midnight shift happens to be a old drinking buddy of mine. So when he makes his rounds at I am I tell him we need the mop and mop bucket because the shower was flooding out which it always did. He tells me he will get it for us on his next round because he dosent have the keys to open the cell clack door.

So when he comes back around at 2 a.m., me and my cousins are waiting and when he opens the door to push the mop bucket in we all step through the door into the hallway, he realizes what taking place and sees there is no point in resisting because there are 3 of us and only one of him. He does try to talk us out of it saying “boys your making a big mistake”. I tell him “yes we know but we have things to take care of before we get sent to prison. We tell him to walk around the corner and get in one of the two holding cells thats not in the main cell black which he does and we lock him in one of those two cells. I tell him to give me his car keys which he does and tells me “Allen, me and you have been riding them back roads on Sundays for a long time and that old car aint much but Its all i have so dont wreck it. When you get out in the hills, just park it somewhere and leave it”. He says it dont have much gas in it and offers money for gas but i refuse his money, we have money of our own for gas.

We are about to take off and head down the steps when he calls me back and tosses a ring full of keys and says “all them doors downstairs are locked”. Now he was allready locked inside that cell and there is no way we could have gotten to him. So if he had just kept all those keys and not said anything about the doors downstairs being locked we would not have been able to get out of the courthouse downstairs. He says “good luck boys” and we head down the steps and at the bottom of the steps is a young female Jailer washing dishes in the sink she thinks at first that we were coming from the main courthouse but break and becomes very scared. I tell her we are not going to hurt her but we need her to get in one of the female cells that just around the corner. The poor thing was scared to death and because the light was off in that cell she kept asking us to turn on the light which i do and we lock her in one of those cells. Now we head toward the back door of the Jail which is locked and while im tring to find the right key that female Jailer starts screaming out the cell window for help. So my cousin Rex runs down the hallway and tells her to stop that orhe would come in there and gag her so she stops. I finally find the right key and we  are out back of the jail where the jailers park there cars. Our hearts are raceing like I said the jail is part of the court house and is in the very center of town. The City police station is just across the street. We pile in the jailers old car, I get it started and start to back out onto the street and there is a cop car coming up the street toward us so I pull back into the driveway and let him pass he pulls up to the red light and stops and I ease right back out onto the street just like nothing is wrong and go the opposite way the cop cap is headed. We make a clear get away but seeing that cop car coming right at us took ten years off my life.

We drive about 20 miles away to the next country over and hide the jailers old car deep in a big apple orchard close the where I have a old girlfriend. Its about 3 a.m. at this point and let me tell you there are no words to describe how good it felt to be free and out in the cool night air out of that hot jail. It seemed the stars in the sky were brighter and more clear than I had ever seen them before it was so quiet. After all these years I can still clearly remember how it felt. So we leave the car there and walk through some cow pastures for about a mile to my old girlfriends house we wake her up and she lets her son in law drive her car to take us to a hunting camp owned by some rich city pepole who only stayed there on the weekends during hunting season. He dropped us off at the end of a old gravel Road and we walked about 2 miles to get to the hunting camp which was a couple of old trailers next to a large lake. The trailers were stocked with canned food and fishing gear and beer and wiskey. So we hung around for a few days drinking beer and eating canned sardines and swiming in the lake giving time for the heat to surt of die down.

We take off down the valley going throug the woods until we are up on a hilloverlooking my step moms house thats were i had been living before getting put in Jail. I knew she allways went to town everyday about noon so when we see her truck going down the dirt road we go down to her house. First we cook up some bacon and eggs then my cousins call there girlfriends and tell them to bring a case of beer and to meet them at the end of the dirt road around dark. I gather up my sleeping baag a small tent and some camping gear and food and head back up the hill to a spot where you can see from one end of the valley to the other.

We wait up there untill about a hour before night fall thats were i say good by to my cousins. They head down the hill to meet there girlfriends they are allmost to the meeting spot when i see there girlfrieds truck coming up the dirt road but right on there tale is a black four wheel drive truck that belongs to the sheriffs office. My cousins see this also and start running for the hills. Im way up the side of a mountain safley hidden in some brush and watch as the girls are handcuffed and taken away. I watch closely to make sure all the cops leave then wher its dark i go back to my step moms house who is back from town by now.

Quote

“Capital punishment, the most premeditated of murders”

Capital punishment is the most premeditated of murders, to which no criminal’s deed, however calculated can be compared. For there to be an equivalency, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.
Albert Camus