The following article appeared on the front page of Saturday's (1/24) Berkshire Eagle.
O'Laughlin May Get Freed Again
By Jack Dew, Berkshire Eagle Staff
Updated: 01/24/2009 10:27:33 AM EST Saturday, January 24
Michael O'Laughlin has been convicted, freed and convicted again for beating a Lee woman nearly to death in 2000. Now, he is hoping to be freed again.
O'Laughlin, formerly of Lee, was convicted in 2002 of beating Annmarie Kotowski with a baseball bat in her apartment. That verdict was overturned by a state appeals court in 2005, which found there was insufficient evidence to support a guilty finding, but then reinstated in 2006 by the Supreme Judicial Court. He is serving a 35- to 50-year sentence in state prison.
O'Laughlin's case has now been taken up by the New England Innocence Project, a nonprofit that seeks to free innocent convicts, largely through retesting biological evidence like blood and hair. And he has filed a separate appeal seeking to overturn the Supreme Judicial Court's decision with a federal court, which heard oral arguments in September and could issue a ruling any day.
Alison Douglass, a Boston attorney with Goodwin Procter and the New England Innocence Project, said the group is still reviewing the case to determine all possible sources of biological material. The next step will be to seek tests on that evidence.
Berkshire District Attorney David F. Capeless said he expects the guilty verdict will be upheld in the federal appeal. Meanwhile, his office is in discussions with the New England Innocence Project.
"I don't expect there will be any difficulty (testing or retesting evidence)," Capeless said. "It really is just a matter of working out the details. There is certainly nothing about this or any other case that we would want to hide."
O'Laughlin's cause has also been taken up by a small group of supporters, who have rallied around a Web site dedicated to his case, www.freemichaelnow.com.
"There was no proof whatsoever, no evidence to substantiate that he was even at the crime scene," said Dick Blanchard, a volunteer who designed the Web site. "There was blood all over (the crime scene) yet there was nothing on him — no fingerprints, handprints, fibers, DNA — nothing. It is just remarkable."
At O'Laughlin's trial, the prosecution acknowledged that its case was built on circumstantial evidence.
Kotowski was attacked in her home at the Fox Hollow apartment complex where O'Laughlin worked and had a master key. He was using crack cocaine that night and had called several dealers for more, but had run out of money.
Capeless argued that O'Laughlin went into Kotowski's apartment to steal money but woke Kotowski, whom he then beat severely with a baseball bat and left.
The attack broke every bone in Kotowski's jaw and face and left her unable to remember that night. Her face and hands were rebuilt in a dozen operations over 18 months, but she was left with permanent nerve damage, little feeling in the left side of her face, and her hearing and eyesight were impaired. Kotowski, who was 49 at the time of the attack, was unable to return to her job as a schoolteacher.
Authorities found a baseball bat in nearby woods that had blood — and O'Laughlin's name — on it. Tests on the blood, however, were inconclusive.
The defense argued that Kotowski's estranged husband, David, had an even stronger motive to kill Kotowski.
The two were childhood sweethearts and had been married for 30 years when, in 1999, David learned his wife was having an affair, the defense said. The couple separated two months before the attack and, five days before the assault, Annmarie began discussing divorce.
Defense attorney Nathaniel Green argued that David had ready access to a baseball bat — indeed, he had once aspired to be a professional baseball player and had a large collection of baseball equipment.
When officers searched the husband's car, they found towels matching those in his wife's apartment, in a plastic bag in the trunk, reeking of bleach. The police, however, had treated the husband as a suspect but cleared him.
O'Laughlin maintained his innocence after the guilty verdict. At his sentencing, he spoke directly to Kotowski, saying, "I did not do this to you, and I do not know who did this to you. ... Someday it will come out and it will be clear who did this."
To reach Jack Dew: jdew@berkshireeagle.com (413) 496-6241
Saturday, January 24, 2009
Thursday, January 15, 2009
Michael's Monthly Message - January 2009
Dear Family, Friends, and Supporters,
Welcome to my monthly message for January 2009!
It’s a new year and though we may be off to a tough start concerning the financial stability of our country, I think 2009 will be a good year for many.
I’m writing this message on January 9th which is a very special day for someone close to my heart. It is my oldest daughter’s 16th birthday. I want to wish her the very best on her birthday, and let her know, “I love you and miss you very much!” Some day, I hope I’m given the chance to set things straight. My dilemma of late is how to settle the confusion that eats away at my mind each and every day concerning my children. It just boggles my mind that I spent 14 years of my life with someone who I thought was my best friend, only to learn that she feels it is more important for her to never speak with me or my family again and to never let me see, speak, or write to my daughters. Who does that? Also, how is that in the best interest of the children? It’s literally as if she is pouring poison in my wound. Yeah, you could say I’m confused to say the least.
By no comparison am I going through anything close to what Jesus went through. But remember when he was on the cross dying, and he was in so much pain. It’s almost hard to fathom. All he wanted was a drink of water to quench his dying thirst. Something, anything to trick his mind into believing somehow the pain would subside. But instead, a Roman soldier had the audacity to dip a rag on the end of a pole into vinegar and press it against his lips. Nice – huh? Well, imagine with no warming, no word, no letter – you could never see, talk, or correspond with the most precious thing in your life – your children. Then, you find out the person responsible for these actions is the one you grew to love and shared the most intimate parts of your life with. Most would call this betrayal, but to me, it’s something more. At least, the Roman soldier was ignorant with his actions and didn’t share most of his life with Jesus. When someone who supposedly loved you is intentionally cruel, it brings the situation to a whole other level. Anyway, with that said, I still wish only the best for her. However, I must say that nothing has eased my pain or brought peace of mind to me.
For those of you who happen to have children, you might understand why I am so frustrated. Let me just say when my daughters were born, there was such a bond of love in my heart that it was indescribable. I witnessed such love and innocence in my daughters that their beauty left me breathless at times. I never thought in my worst nightmare that I wouldn’t be able to share my life with them. In my opinion, there is no excuse for someone to take away my children especially for the sake of convenience. Life is short enough, and we never know when our time is up. Look at what John Travolta and Kelly Preston are dealing with right now with the loss of their son, Jett.
Life is a gift from God, and we need to respect that gift on all levels. We must remember it is the time we share with one another that matters most in life, even if it is only a simple letter or phone call. It’s the sharing that makes us one. The next time you are visiting the cemetery and are respecting those who have passed on, I want you to notice something on everyone’s grave stone. Pay special attention to that little dash in between the dates of when they were born and when they died. That “dash” signifies their entire life – that small, short little dash was their whole life!
OK, I probably should apologize for dampening everyone’s spirits. I guess I’m tired of walking on broken glass, and I have to admit I struggled this year through the holidays and my daughters’ birthdays. My daughters mean everything to me, and the fact I don’t even know what they look like anymore breaks my heart. Hopefully, someday that will change, but for now, I want to thank all of you for listening to me vent some of my frustrations.
On a different note, I want to thank everyone for all of the nice Christmas cards, pictures of your families, and for the gifts. It was very thoughtful of everyone, and I will always be extremely grateful for everyone’s kindness. Even though I’m in prison, I really do appreciate everyone sharing part of your life with me.
My movie recommendation is the new Batman movie “The Dark Knight”. The Batman Series has taken on quite a serious role. Also, I know most people think that Jack Nicholson was the best “Joker”, but I really enjoyed Heath Ledger. It is too bad that Heath will no longer be with us, because he was a great actor. So, if there are any of you who somehow missed seeing this movie, I suggest you get some snacks, turn off the lights, and plan to be captivated for two and a half hours by “non-stop” action with some incredible special affects.
My profound quote is: “Then Jesus said, Father, forgive them; for they know not what they do.” (Luke 23:34)
Until next month, take care and remember: “The key to the mysteries of life hide in the pain of our most difficult experiences….”
Love and Light to All,
Michael
Welcome to my monthly message for January 2009!
It’s a new year and though we may be off to a tough start concerning the financial stability of our country, I think 2009 will be a good year for many.
I’m writing this message on January 9th which is a very special day for someone close to my heart. It is my oldest daughter’s 16th birthday. I want to wish her the very best on her birthday, and let her know, “I love you and miss you very much!” Some day, I hope I’m given the chance to set things straight. My dilemma of late is how to settle the confusion that eats away at my mind each and every day concerning my children. It just boggles my mind that I spent 14 years of my life with someone who I thought was my best friend, only to learn that she feels it is more important for her to never speak with me or my family again and to never let me see, speak, or write to my daughters. Who does that? Also, how is that in the best interest of the children? It’s literally as if she is pouring poison in my wound. Yeah, you could say I’m confused to say the least.
By no comparison am I going through anything close to what Jesus went through. But remember when he was on the cross dying, and he was in so much pain. It’s almost hard to fathom. All he wanted was a drink of water to quench his dying thirst. Something, anything to trick his mind into believing somehow the pain would subside. But instead, a Roman soldier had the audacity to dip a rag on the end of a pole into vinegar and press it against his lips. Nice – huh? Well, imagine with no warming, no word, no letter – you could never see, talk, or correspond with the most precious thing in your life – your children. Then, you find out the person responsible for these actions is the one you grew to love and shared the most intimate parts of your life with. Most would call this betrayal, but to me, it’s something more. At least, the Roman soldier was ignorant with his actions and didn’t share most of his life with Jesus. When someone who supposedly loved you is intentionally cruel, it brings the situation to a whole other level. Anyway, with that said, I still wish only the best for her. However, I must say that nothing has eased my pain or brought peace of mind to me.
For those of you who happen to have children, you might understand why I am so frustrated. Let me just say when my daughters were born, there was such a bond of love in my heart that it was indescribable. I witnessed such love and innocence in my daughters that their beauty left me breathless at times. I never thought in my worst nightmare that I wouldn’t be able to share my life with them. In my opinion, there is no excuse for someone to take away my children especially for the sake of convenience. Life is short enough, and we never know when our time is up. Look at what John Travolta and Kelly Preston are dealing with right now with the loss of their son, Jett.
Life is a gift from God, and we need to respect that gift on all levels. We must remember it is the time we share with one another that matters most in life, even if it is only a simple letter or phone call. It’s the sharing that makes us one. The next time you are visiting the cemetery and are respecting those who have passed on, I want you to notice something on everyone’s grave stone. Pay special attention to that little dash in between the dates of when they were born and when they died. That “dash” signifies their entire life – that small, short little dash was their whole life!
OK, I probably should apologize for dampening everyone’s spirits. I guess I’m tired of walking on broken glass, and I have to admit I struggled this year through the holidays and my daughters’ birthdays. My daughters mean everything to me, and the fact I don’t even know what they look like anymore breaks my heart. Hopefully, someday that will change, but for now, I want to thank all of you for listening to me vent some of my frustrations.
On a different note, I want to thank everyone for all of the nice Christmas cards, pictures of your families, and for the gifts. It was very thoughtful of everyone, and I will always be extremely grateful for everyone’s kindness. Even though I’m in prison, I really do appreciate everyone sharing part of your life with me.
My movie recommendation is the new Batman movie “The Dark Knight”. The Batman Series has taken on quite a serious role. Also, I know most people think that Jack Nicholson was the best “Joker”, but I really enjoyed Heath Ledger. It is too bad that Heath will no longer be with us, because he was a great actor. So, if there are any of you who somehow missed seeing this movie, I suggest you get some snacks, turn off the lights, and plan to be captivated for two and a half hours by “non-stop” action with some incredible special affects.
My profound quote is: “Then Jesus said, Father, forgive them; for they know not what they do.” (Luke 23:34)
Until next month, take care and remember: “The key to the mysteries of life hide in the pain of our most difficult experiences….”
Love and Light to All,
Michael
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