Here is a link to the latest article published in the Massachuettes Weekly Lawyers review. The article "Lawyer defies odds in securing habeas corpus ruling for client" tells how Michael's lawyer was able to obtain a very rare reversal by the First Circuit Court of Appeals.
Lawyer defies odds in securing habeas corpus ruling for client
Dick
Friday, June 26, 2009
Sunday, June 14, 2009
Questions concerning Michael’s reversal by 1st Circuit Court of Appeals
Many of you have sent me emails regarding the reversal of Michael’s conviction by the 1st Circuit Court of Appeals. I will attempt to answer your questions as best as I can with the information currently available:
1. Has Michael been freed and released from prison? No, Michael has not been freed and is still in prison. The ruling by the 1st Circuit Court of Appeals is a big step toward releasing him from prison but it is not the final step; the Commonwealth of Massachusetts still has some options available to appeal the decision by the 3-judge panel of the 1st Circuit Court.
2. Can Michael be released on bail? Michael’s attorney has filed a motion for release with bail conditions. He hopes the court will act on the motion for bail quickly. I will keep you posted as soon as we hear any news regarding possible bail and what the conditions for bail are. Please remember there is no guarantee the court will grant bail.
3. What options are available by the Commonwealth of Massachusetts to appeal the decision by the 3 judge panel of the 1st Circuit Court of Appeals? 1) The Attorney General's (AG) office of Massachusetts intends to file a petition for a rehearing en banc. This means that the AG wants another hearing and decision by all the justices in the First Circuit, not just the 3 justices who decided the appeal and reversed Michael’s conviction. If the court denies the petition by the AG the decision by the 3 judge panel will stand. If the court grants the petition by the AG there will be another hearing before the full court. Obviously we don't want this because we don't want a majority of all the judges possibly taking a different view than the 3 judge panel who just reversed Michael’s conviction. We hope that the court acts quickly on whether or not to rehear the case en banc, and even more so we hope they deny the AG’s petition. 2) If the AG's petition for en banc is denied, the AG's only recourse is a petition to the US Supreme Court to reinstate Michael’s conviction. Of course we hope the US Supreme Court would deny the AG’s petition. If the court denies the AG’s petition Michael is freed from prison.
4. What if the decision by the 1st Circuit Court reverses the 3 judge panel and reinstates Michael’s conviction? Our option would be to file a petition with the US Supreme Court to reverse the 1st Circuit Court’s ruling and overturn Michael’s conviction. If the court denies Michael’s petition his conviction would stand and we would start to pursue other avenues to obtain his freedom.
5. What are we hoping for? We hope that the 1st Circuit Court and the US Supreme Court denies the petitions filed by the AG of Massachusetts and that the current ruling by the 3 judge panel of the 1st Circuit Court stands. If this happens Michael is free man.
6. Can Michael be retried for the crime he has been convicted of? According to the ruling of the 3 judge panel of the 1st Circuit Court the answer is no. If their ruling stands Michael is freed and cannot be retried for the crime.
If you have any further questions respond to this blog article by entering your questions under comments rather than sending me an email. In this way everyone has access to further questions, comments and questions.
Thanks,
Dick
Links to other articles:
Berkshire Eagle story
The Docket article
1. Has Michael been freed and released from prison? No, Michael has not been freed and is still in prison. The ruling by the 1st Circuit Court of Appeals is a big step toward releasing him from prison but it is not the final step; the Commonwealth of Massachusetts still has some options available to appeal the decision by the 3-judge panel of the 1st Circuit Court.
2. Can Michael be released on bail? Michael’s attorney has filed a motion for release with bail conditions. He hopes the court will act on the motion for bail quickly. I will keep you posted as soon as we hear any news regarding possible bail and what the conditions for bail are. Please remember there is no guarantee the court will grant bail.
3. What options are available by the Commonwealth of Massachusetts to appeal the decision by the 3 judge panel of the 1st Circuit Court of Appeals? 1) The Attorney General's (AG) office of Massachusetts intends to file a petition for a rehearing en banc. This means that the AG wants another hearing and decision by all the justices in the First Circuit, not just the 3 justices who decided the appeal and reversed Michael’s conviction. If the court denies the petition by the AG the decision by the 3 judge panel will stand. If the court grants the petition by the AG there will be another hearing before the full court. Obviously we don't want this because we don't want a majority of all the judges possibly taking a different view than the 3 judge panel who just reversed Michael’s conviction. We hope that the court acts quickly on whether or not to rehear the case en banc, and even more so we hope they deny the AG’s petition. 2) If the AG's petition for en banc is denied, the AG's only recourse is a petition to the US Supreme Court to reinstate Michael’s conviction. Of course we hope the US Supreme Court would deny the AG’s petition. If the court denies the AG’s petition Michael is freed from prison.
4. What if the decision by the 1st Circuit Court reverses the 3 judge panel and reinstates Michael’s conviction? Our option would be to file a petition with the US Supreme Court to reverse the 1st Circuit Court’s ruling and overturn Michael’s conviction. If the court denies Michael’s petition his conviction would stand and we would start to pursue other avenues to obtain his freedom.
5. What are we hoping for? We hope that the 1st Circuit Court and the US Supreme Court denies the petitions filed by the AG of Massachusetts and that the current ruling by the 3 judge panel of the 1st Circuit Court stands. If this happens Michael is free man.
6. Can Michael be retried for the crime he has been convicted of? According to the ruling of the 3 judge panel of the 1st Circuit Court the answer is no. If their ruling stands Michael is freed and cannot be retried for the crime.
If you have any further questions respond to this blog article by entering your questions under comments rather than sending me an email. In this way everyone has access to further questions, comments and questions.
Thanks,
Dick
Links to other articles:
Berkshire Eagle story
The Docket article
June 2009 Monthly Message
"This monthly message was written by Michael prior to the First Circuit Court of Appeals reversing his conviction"
Dear Family, Friends, and Supporters:
Welcome to my Monthly Message for June 2009!
Last month, I told everyone I would share some of what I’ve been reading in the science book called “A Short History of Nearly Everything” by Bill Bryson. Well, I’m still reading it, because I read two other wonderful books. One is called “The Shack” by Paul Wm. Young and the other is “Only Love is Real” by Dr. Brian Weiss. By the way, if you want to read a book that will change your view on life, I highly recommend reading “The Shack” or “Only Love is Real”. They really are quite good.
Alright, you talked me into it. I guess I will have to share a small paragraph of one of the chapters I read in “A Short History of Nearly Everything”. The chapter is called “Welcome to the Solar System”, and some of you may find learning about the universe as fascinating as me. So, I think you will appreciate this. Okay, our nearest neighbor in the Cosmos is Proxima Centauri, which is part of the 3-star cluster known as Alpha Centauri, which is approximately 4.3 light years away. Now this is the interesting part: everyone wants to know if there is other life out in the universe. Well, a 1960’s professor at Cornell named Frank Drake came up with the “Drake Equation” to figure out if it is possible to have other advanced civilizations in the universe. Are you ready? Without explaining his equation in detail, even with the most conservative inputs, the number of advanced civilizations just in our own little (100 thousand light years wide) Milky Way works out to be somewhere in the millions! Isn’t that unbelievable? Unfortunately, space being as big as it is, the average distance between any two of these civilizations is reckoned to be at least 200 light years. Basically, that means even if another advanced civilization knew we were here and somehow were able to see us in their telescope, they are watching the French Revolution and people like Thomas Jefferson. Yeah, doesn’t that blow your mind? The next time you are outside during the night time, look up at the stars and remember the majority of stars you are looking at burned out millions of years ago. Yet, the light is still traveling here. Can you believe this is only the tip of the iceberg when it comes to the Cosmos?
This leads me into the story about the Hubble Telescope that was just repaired. I know some of you may feel your tax dollars could be used in a better way than spending 220 million in new instruments to repair the Hubble Telescope. However, I for one thank all of you, because I love space exploration and the more we can learn - the better. Plus, what good is it having a broken telescope floating around until 2014 when NASA puts the new James Webb telescope into orbit. I can’t wait to see pictures from that telescope!
Okay, it is time to get back to Earth. Father’s Day is this month, and although my Dad doesn’t get to read these messages, I want to wish him a Happy Father’s Day. I really wish I had spent more time with him when I had the chance, because I do love him and miss him very much. As for me, it really sucks that my chance to be a good father was taken away. Although, I guess when it comes down to it, I have no one to blame but myself. I reflect during my sleepless nights if my daughters will ever forgive me for not being there. Now that my daughters are being adopted by my ex-wife and her husband, all chances of me being the tiniest particle in their life have been extinguished. When it comes down to it, they have a father figure in their life, and I imagine they are happy so that is all that really matters. Who knows – maybe someday I’ll get to be in their life again.
I watched an important special about Farrah Faucett and her battle with cancer. I know this might sound weird, but would you all say a prayer for her. I have a new-found respect for her and the many people who are fighting cancer. After taking the Health Awareness course, I now understand how the cancer cells spread so fast throughout the body and why it is so hard to beat cancer. Let me just say it is imperative that you eat right, exercise, and keep your immune system at full strength. Then you might have a chance. Of course, there is always destiny to contend with too, but don’t get me started on that subject again.
On a different note, I want to share another example of how I don’t take anything for granted anymore – not even the little things. The other day I actually got to enjoy a piece of gum for the first time in nine years. I don’t recommend chewing the same piece for more than four hours either, but I was like a kid again for the first hour. It was Trident bubble gum, so I could blow bubbles. Yeah, I know it sounds pretty silly, but I enjoyed it.
Still no news on the decision from the Federal Court of Appeals, but I’m hoping the reason for the length of time is a good one. (Note: Michael’s June 2009 Monthly Message was written before the Federal Court of Appeals came down with their verdict in his favor.)
As I have mentioned in the past, the Department of Corrections in Massachusetts will no longer allow us to watch rated “R” movies. However, now the OCCC (the institution I’m in) has gone a step further and taken away our ability to view newly released PG-13 movies. They are claiming the local Blockbuster closed down so they can’t purchase any movie rentals. With that said, my movie recommendations may be coming to an end. Although, it probably doesn’t matter, because I’m sure most of you don’t base your decision on my recommendation anyway. However, if there is one of you who do take my recommendations seriously, here is my recommendation for this month. The movie is called “Bottle Shock”, and it is about California wines versus the famous French wines. I know it might not sound very exciting and it doesn’t have any really big celebrities in it, but I promise it is a good movie. It’s so good, you might just find yourself wanting to try a bottle of Chateau Montella.
My profound quote is “No matter how many times a story starts or repeats, it only ends once. Anything that happens before that is just progress.” (Lost)
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
Dear Family, Friends, and Supporters:
Welcome to my Monthly Message for June 2009!
Last month, I told everyone I would share some of what I’ve been reading in the science book called “A Short History of Nearly Everything” by Bill Bryson. Well, I’m still reading it, because I read two other wonderful books. One is called “The Shack” by Paul Wm. Young and the other is “Only Love is Real” by Dr. Brian Weiss. By the way, if you want to read a book that will change your view on life, I highly recommend reading “The Shack” or “Only Love is Real”. They really are quite good.
Alright, you talked me into it. I guess I will have to share a small paragraph of one of the chapters I read in “A Short History of Nearly Everything”. The chapter is called “Welcome to the Solar System”, and some of you may find learning about the universe as fascinating as me. So, I think you will appreciate this. Okay, our nearest neighbor in the Cosmos is Proxima Centauri, which is part of the 3-star cluster known as Alpha Centauri, which is approximately 4.3 light years away. Now this is the interesting part: everyone wants to know if there is other life out in the universe. Well, a 1960’s professor at Cornell named Frank Drake came up with the “Drake Equation” to figure out if it is possible to have other advanced civilizations in the universe. Are you ready? Without explaining his equation in detail, even with the most conservative inputs, the number of advanced civilizations just in our own little (100 thousand light years wide) Milky Way works out to be somewhere in the millions! Isn’t that unbelievable? Unfortunately, space being as big as it is, the average distance between any two of these civilizations is reckoned to be at least 200 light years. Basically, that means even if another advanced civilization knew we were here and somehow were able to see us in their telescope, they are watching the French Revolution and people like Thomas Jefferson. Yeah, doesn’t that blow your mind? The next time you are outside during the night time, look up at the stars and remember the majority of stars you are looking at burned out millions of years ago. Yet, the light is still traveling here. Can you believe this is only the tip of the iceberg when it comes to the Cosmos?
This leads me into the story about the Hubble Telescope that was just repaired. I know some of you may feel your tax dollars could be used in a better way than spending 220 million in new instruments to repair the Hubble Telescope. However, I for one thank all of you, because I love space exploration and the more we can learn - the better. Plus, what good is it having a broken telescope floating around until 2014 when NASA puts the new James Webb telescope into orbit. I can’t wait to see pictures from that telescope!
Okay, it is time to get back to Earth. Father’s Day is this month, and although my Dad doesn’t get to read these messages, I want to wish him a Happy Father’s Day. I really wish I had spent more time with him when I had the chance, because I do love him and miss him very much. As for me, it really sucks that my chance to be a good father was taken away. Although, I guess when it comes down to it, I have no one to blame but myself. I reflect during my sleepless nights if my daughters will ever forgive me for not being there. Now that my daughters are being adopted by my ex-wife and her husband, all chances of me being the tiniest particle in their life have been extinguished. When it comes down to it, they have a father figure in their life, and I imagine they are happy so that is all that really matters. Who knows – maybe someday I’ll get to be in their life again.
I watched an important special about Farrah Faucett and her battle with cancer. I know this might sound weird, but would you all say a prayer for her. I have a new-found respect for her and the many people who are fighting cancer. After taking the Health Awareness course, I now understand how the cancer cells spread so fast throughout the body and why it is so hard to beat cancer. Let me just say it is imperative that you eat right, exercise, and keep your immune system at full strength. Then you might have a chance. Of course, there is always destiny to contend with too, but don’t get me started on that subject again.
On a different note, I want to share another example of how I don’t take anything for granted anymore – not even the little things. The other day I actually got to enjoy a piece of gum for the first time in nine years. I don’t recommend chewing the same piece for more than four hours either, but I was like a kid again for the first hour. It was Trident bubble gum, so I could blow bubbles. Yeah, I know it sounds pretty silly, but I enjoyed it.
Still no news on the decision from the Federal Court of Appeals, but I’m hoping the reason for the length of time is a good one. (Note: Michael’s June 2009 Monthly Message was written before the Federal Court of Appeals came down with their verdict in his favor.)
As I have mentioned in the past, the Department of Corrections in Massachusetts will no longer allow us to watch rated “R” movies. However, now the OCCC (the institution I’m in) has gone a step further and taken away our ability to view newly released PG-13 movies. They are claiming the local Blockbuster closed down so they can’t purchase any movie rentals. With that said, my movie recommendations may be coming to an end. Although, it probably doesn’t matter, because I’m sure most of you don’t base your decision on my recommendation anyway. However, if there is one of you who do take my recommendations seriously, here is my recommendation for this month. The movie is called “Bottle Shock”, and it is about California wines versus the famous French wines. I know it might not sound very exciting and it doesn’t have any really big celebrities in it, but I promise it is a good movie. It’s so good, you might just find yourself wanting to try a bottle of Chateau Montella.
My profound quote is “No matter how many times a story starts or repeats, it only ends once. Anything that happens before that is just progress.” (Lost)
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
Thursday, June 11, 2009
1st Circuit Court of Appeals Reverses Michael's Conviction
Hi Everyone,
The news we have all prayed for and been anxiously awaiting as arrived. The Federal Court (1st Circuit of Appeals) has reversed Michael's conviction. Click to read the Court's decision.
I just got off the phone talking with Michael's appellate attorney and he is working on filing a motion with the district court to get Michael freed on bail.
As for any further appeals the Attorney Generals office of the Commonwealth of Massachusetts has three months in which to file an appeal with the U.S. Supreme Court. It is unlikely the Supreme Court will take the case but one never knows. In the event the Supreme Court refuses to hear the case it's over and Michael will be a free man which as we all know is long overdue.
There will be more news forthcoming as I talk with Michael and his appellate attorney, but I just wanted to get the news out to you as quickly as possible. I will be sending out more news via this blog as I receive it.
I thank you all from the bottom of my heart for your prayers and support for Michael, and I know Michael multiplies that thanks many times over.
Dick
The news we have all prayed for and been anxiously awaiting as arrived. The Federal Court (1st Circuit of Appeals) has reversed Michael's conviction. Click to read the Court's decision.
I just got off the phone talking with Michael's appellate attorney and he is working on filing a motion with the district court to get Michael freed on bail.
As for any further appeals the Attorney Generals office of the Commonwealth of Massachusetts has three months in which to file an appeal with the U.S. Supreme Court. It is unlikely the Supreme Court will take the case but one never knows. In the event the Supreme Court refuses to hear the case it's over and Michael will be a free man which as we all know is long overdue.
There will be more news forthcoming as I talk with Michael and his appellate attorney, but I just wanted to get the news out to you as quickly as possible. I will be sending out more news via this blog as I receive it.
I thank you all from the bottom of my heart for your prayers and support for Michael, and I know Michael multiplies that thanks many times over.
Dick
Saturday, June 6, 2009
Letter to William Paul Young, Author of The Shack
Michael wrote the following letter to William Paul Young, Author of The Shack, a truly remarkable book.
May 26, 2009
Dear Mr. Young:
This is just a quick note to let you know that after reading "The Shack" I have been enlightened to yet another level.
Since receiving The Holy Ghost in November of 1989, I have been deeply involved with my spiritual walk. And though, I often speak in tongues to my Heavenly Father, I was delighted to see someone has finally explained God, Jesus, and The Holy Ghost on terms that a child could understand. I must commend you---excellent job!
Unfortunately, I am currently serving a 35-50 year sentence in prison for something I didn't do. Regardless, I will always love God, and I would never blame him for my demise. There obviously is a good reason my path led me down this road. Also, I have passed this book on to other inmates throughout the prison so please know Mack's story will touch many more even in the darkest of places.
In closing, I want to express how grateful I am that you were able to put Mack's story into such a wonderful and heart touching book. The name of Mack's daughter "Missy" was extremely meaningful to me because I lost my first true love at sixteen who I called Missy. It felt good to cry tears of hope and love. Thank you so much for touching my life. I wish you, Mack and the rest of the family a peaceful loving journey.
Love & Light
Michael O'Laughlin W80371
OCCC
One Administration Road
Bridgewater, MA 02324
www.freemichaelnow.com
May 26, 2009
Dear Mr. Young:
This is just a quick note to let you know that after reading "The Shack" I have been enlightened to yet another level.
Since receiving The Holy Ghost in November of 1989, I have been deeply involved with my spiritual walk. And though, I often speak in tongues to my Heavenly Father, I was delighted to see someone has finally explained God, Jesus, and The Holy Ghost on terms that a child could understand. I must commend you---excellent job!
Unfortunately, I am currently serving a 35-50 year sentence in prison for something I didn't do. Regardless, I will always love God, and I would never blame him for my demise. There obviously is a good reason my path led me down this road. Also, I have passed this book on to other inmates throughout the prison so please know Mack's story will touch many more even in the darkest of places.
In closing, I want to express how grateful I am that you were able to put Mack's story into such a wonderful and heart touching book. The name of Mack's daughter "Missy" was extremely meaningful to me because I lost my first true love at sixteen who I called Missy. It felt good to cry tears of hope and love. Thank you so much for touching my life. I wish you, Mack and the rest of the family a peaceful loving journey.
Love & Light
Michael O'Laughlin W80371
OCCC
One Administration Road
Bridgewater, MA 02324
www.freemichaelnow.com
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