Dear Family, Friends, and Supporters:
Welcome to my Monthly Message for July 2009!
This month is the two-year anniversary of me writing these Monthly Messages. Part of me can’t believe two years has gone by, and part of me remembers every agonizing minute. However, this month, I have some good news to report. The United States Court of Appeals for the 1st Circuit reversed my conviction, and said I am innocent. It’s a pretty big deal in the world of justice, because the 1st Circuit very seldom grants Habeas relief in a criminal conviction. Although, I can’t get too excited because at the request of D.A. Capeless, the Attorney General has filed a petition En Banc, in hopes that the remaining judges will disagree with the decision by the panel and reinstate my conviction. Only time will tell if personal politics goes all the way up to the Federal Court of Appeals. Regardless of that fact, I will always be grateful for the judges who saw through the corruption and applied the law correctly to uphold the truth. There are not many who have the integrity to do that. Plus, I believe this never would have happened without “divine intervention”.
Now comes the hard part – waiting. I was so surprised by this decision that I have been an emotional wreck since my lawyer told me on the morning of June 11, 2009. Hopefully, the next bit of good news I receive is that the court denies the Attorney General’s petition for the En Banc hearing. Then, I would only have one hurdle left which would be the United States Supreme Court. I never thought in a million years my case would become this exciting.
Another thing I know to be true is none of this would be possible without all of your prayers. I want to thank everyone so much for keeping me in your prayers and sending out positive energy all these years. I will never forget everyone’s dedication, and I will be forever grateful. Please keep praying!
Every July brings a “bit of special celebration” for me and that’s because it is my youngest daughter’s birthday. Happy Birthday! I love you! Most of you don’t realize that the decision from the U.S. Court of Appeals (if it stands) has another bonus feature. I will be able to keep my parental rights as a father! Yeah, pretty amazing timing. Otherwise, I will lose my parental rights too. By the way, those of you who sent me Father’s Day cards, bless your heart – that was extremely thoughtful.
Okay, turning to food for a moment. I know, who would have thought my conversation would turn to food, but I have on another episode of “Spain on the Road Again” on PBS with Gwyneth Paltrow, Claudia Bassols, Mario Bateli, and a New York food critic named Pittman. The way they enjoy food (without having been in prison) has given me a new found respect for people who truly enjoy food. What a blessing it will be if I’m given the chance to eat food that is real and healthy again. I know one thing – I will never take anything for granted again, and I’m not just talking about my freedom or food either.
On a sad note, Farrah Fawcett didn’t win her battle against cancer. It seems the old saying about celebrities passing on in “threes” seems to be true since we lost Ed McMahon and Michael Jackson too. Let’s remember their families in our prayers.
My movie recommendation is actually somewhat current. The prison gave us a newly released movie for the Fourth of July. It was called “Taken” with Liam Neeson, Maggie Grace, and Katie Cassidy. If you like non-stop action, this movie is unbelievable. Also, I think every seventeen year old girl should have to watch this movie. This really happens in the world, and they need to be aware of it. Even though most fathers like myself would give their life for their daughter. We don’t all have the talents or abilities Liam Neeson portrayed in the movie. I think this movie will make young girls think twice about running off to spring break or disobeying their parents when they want to go out of the country. Sometimes the truth hurts.
My profound statement is very simple but true: “The mind authenticates words, but the heart translates love”. (Valentine)
Until next month, remember: “The key to the mysteries of life hide in the pain of our most difficult experiences”.
Love and Light to All
Michael
Sunday, July 12, 2009
Friday, July 10, 2009
Attorney General seeks to reverse "flawed" decision
Coakley seeks to reverse ‘flawed’ decision
Updated: 07/09/2009 11:59:13 PM EDT
By Jack Dew
Berkshire Eagle Staff
LEE -- The attorney general is seeking to keep Michael O’Laughlin, convicted of beating a Lee woman nearly to death in 2000 but exonerated last month by a federal court, behind bars.
State Attorney General Martha Coakley has asked all six judges of the First Circuit Court of Appeals to overturn the three-judge opinion that concluded there was insufficient evidence to justify the jury’s guilty verdict.
Calling the three judges’ decision "fundamentally flawed," the attorney general argued in a petition to the First Circuit that the jury was presented ample -- though circumstantial -- evidence to convict O’Laughlin of beating Annmarie Kotowski in her Fox Hollow apartment in the early morning of Nov. 17, 2000. If the full panel of judges agrees with the prosecution, O’Laughlin’s verdict and sentence would be reinstated.
The attorney general’s request was filed on June 30. The court has not yet responded; it can grant the hearing -- known as an "en banc" review -- or deny it. If it denies the appeal, the state’s last resort would be to ask the Supreme Court to hear the case.
Meanwhile, O’Laughlin, 41, remains in prison. His attorney, Kenneth I. Seiger, said he has filed a request for bail but does not expect the court to act until it has responded to the attorney general’s appeal.
O’Laughlin, formerly of Lee, was convicted in 2002 of beating Kotowski and sentenced to 35 to 50 years in state prison. His conviction was overturned by a state appeals court but then reinstated by the Supreme Judicial Court. O’Laughlin then made his successful appeal to the federal courts.
The prosecution argued that O’Laughlin was using crack cocaine on the night of Nov. 16, 2000, but ran out of drugs and money. His phone records showed a panicked series of phone calls to several drug dealers that apparently failed to yield more cocaine.
O’Laughlin worked at the Fox Hollow complex and had a master key, which the prosecution said he used to enter Kotowski’s apartment, planning to steal money to buy more drugs. But Kotowski must have awoken and O’Laughlin, scared of being caught, beat her nearly to death with an aluminum baseball bat, shattering bones in her face and leaving her unable to remember the events of that night.
A neighbor heard Kotowski screaming and called the police. When officers arrived, they found O’Laughlin -- dressed in nothing but boxer shorts -- outside by a dumpster, where he said he had heard a trapped animal. The police left, and Kotowski wasn’t found until the morning.
Investigators found a baseball bat with O’Laughlin’s name on the handle in the woods about 25 yards from the crime scene, but they found no physical evidence that definitively tied that bat, or O’Laughlin, to the beating.
The defense argued that the absence of physical evidence was significant. Though Kotowski’s bedroom was covered in blood, none was found on O’Laughlin, in his apartment, on the bat or anywhere else. And while O’Laughlin’s motive was supposedly robbery, nothing was taken from Kotowski’s apartment, including jewelry that was sitting in plain sight and more than $500 in cash.
The defense argued that Kotowski’s estranged husband, David, was a better suspect: He had recently learned that his wife was having an affair with another man. The couple separated before the attack and, five days before the assault, Annmarie began discussing divorce.
Officers searched David’s car and found towels matching those in his wife’s apartment, reeking of bleach. The prosecution, however, said police thoroughly investigated David and cleared him.
Now, the attorney general is arguing that the appeals court misinterpreted the evidence and the law, setting a troubling precedent that would deprive juries of their due deference.
By dismissing the motive and concluding that the savage beating was inconsistent with a perpetrator seeking money, the judges exceeded their authority, deciding matters that must be left to a jury, the attorney general said.
Among their many mistakes, the attorney general wrote, the judges tried to minimize the significance of O’Laughlin’s master key and ignored the telephone records that proved O’Laughlin was awake in his apartment just moments before the crime. The upstairs neighbor who called police said he did not hear a car enter or leave the apartment complex until the officers arrived.
"The totality of the circumstantial evidence supported a reasonable inference that O’Laughlin entered the victim’s apartment using his master key in search of money to buy drugs, and, in the process, he awakened the victim and beat her with a baseball bat to subdue her," the attorney general wrote.
To reach Jack Dew:
jdew@berkshireeagle.com
(413) 496-6241
Updated: 07/09/2009 11:59:13 PM EDT
By Jack Dew
Berkshire Eagle Staff
LEE -- The attorney general is seeking to keep Michael O’Laughlin, convicted of beating a Lee woman nearly to death in 2000 but exonerated last month by a federal court, behind bars.
State Attorney General Martha Coakley has asked all six judges of the First Circuit Court of Appeals to overturn the three-judge opinion that concluded there was insufficient evidence to justify the jury’s guilty verdict.
Calling the three judges’ decision "fundamentally flawed," the attorney general argued in a petition to the First Circuit that the jury was presented ample -- though circumstantial -- evidence to convict O’Laughlin of beating Annmarie Kotowski in her Fox Hollow apartment in the early morning of Nov. 17, 2000. If the full panel of judges agrees with the prosecution, O’Laughlin’s verdict and sentence would be reinstated.
The attorney general’s request was filed on June 30. The court has not yet responded; it can grant the hearing -- known as an "en banc" review -- or deny it. If it denies the appeal, the state’s last resort would be to ask the Supreme Court to hear the case.
Meanwhile, O’Laughlin, 41, remains in prison. His attorney, Kenneth I. Seiger, said he has filed a request for bail but does not expect the court to act until it has responded to the attorney general’s appeal.
O’Laughlin, formerly of Lee, was convicted in 2002 of beating Kotowski and sentenced to 35 to 50 years in state prison. His conviction was overturned by a state appeals court but then reinstated by the Supreme Judicial Court. O’Laughlin then made his successful appeal to the federal courts.
The prosecution argued that O’Laughlin was using crack cocaine on the night of Nov. 16, 2000, but ran out of drugs and money. His phone records showed a panicked series of phone calls to several drug dealers that apparently failed to yield more cocaine.
O’Laughlin worked at the Fox Hollow complex and had a master key, which the prosecution said he used to enter Kotowski’s apartment, planning to steal money to buy more drugs. But Kotowski must have awoken and O’Laughlin, scared of being caught, beat her nearly to death with an aluminum baseball bat, shattering bones in her face and leaving her unable to remember the events of that night.
A neighbor heard Kotowski screaming and called the police. When officers arrived, they found O’Laughlin -- dressed in nothing but boxer shorts -- outside by a dumpster, where he said he had heard a trapped animal. The police left, and Kotowski wasn’t found until the morning.
Investigators found a baseball bat with O’Laughlin’s name on the handle in the woods about 25 yards from the crime scene, but they found no physical evidence that definitively tied that bat, or O’Laughlin, to the beating.
The defense argued that the absence of physical evidence was significant. Though Kotowski’s bedroom was covered in blood, none was found on O’Laughlin, in his apartment, on the bat or anywhere else. And while O’Laughlin’s motive was supposedly robbery, nothing was taken from Kotowski’s apartment, including jewelry that was sitting in plain sight and more than $500 in cash.
The defense argued that Kotowski’s estranged husband, David, was a better suspect: He had recently learned that his wife was having an affair with another man. The couple separated before the attack and, five days before the assault, Annmarie began discussing divorce.
Officers searched David’s car and found towels matching those in his wife’s apartment, reeking of bleach. The prosecution, however, said police thoroughly investigated David and cleared him.
Now, the attorney general is arguing that the appeals court misinterpreted the evidence and the law, setting a troubling precedent that would deprive juries of their due deference.
By dismissing the motive and concluding that the savage beating was inconsistent with a perpetrator seeking money, the judges exceeded their authority, deciding matters that must be left to a jury, the attorney general said.
Among their many mistakes, the attorney general wrote, the judges tried to minimize the significance of O’Laughlin’s master key and ignored the telephone records that proved O’Laughlin was awake in his apartment just moments before the crime. The upstairs neighbor who called police said he did not hear a car enter or leave the apartment complex until the officers arrived.
"The totality of the circumstantial evidence supported a reasonable inference that O’Laughlin entered the victim’s apartment using his master key in search of money to buy drugs, and, in the process, he awakened the victim and beat her with a baseball bat to subdue her," the attorney general wrote.
To reach Jack Dew:
jdew@berkshireeagle.com
(413) 496-6241
Monday, July 6, 2009
Berkshire Record Story of Michael's Reversal
There was a front page story of the June 19, 2009 edition of The Berkshire Record. There was a photo of Michael in the article but because The Berkshire Record does not make articles available online they were only able to send me the text (which I formatted) without the photo.
Following is the article:
Berkshire Record Article (June 19, 2009) on Michael's reversal by First Circuit Court
Regards,
Dick
Following is the article:
Berkshire Record Article (June 19, 2009) on Michael's reversal by First Circuit Court
Regards,
Dick
Sunday, July 5, 2009
Thoughts from Michael
The following was written the night of June 10th from Michael's Emotional Awareness class. This was the night before the decision from the first circuit court was announced reversing his conviction.
Dick
June 11, 2009
Dear Inner Child:
I see that you are still very sad. Is there any way I can help? I really miss the old you. Do you remember how full of life you were? I'm sorry you experienced some really difficult times, but you did have some good times too. Over the years there have been many who have tried to cheer you up and it's quite apparent that it was to no avail.
Inner child, I can't emphasize how important it is for you to break free from the depression you're in and realize it could be worse. You must be grateful for what you have and stop dwelling in the past and try to enjoy the present moment. Otherwise, it will eventually start affecting your health.
What if I were to tell you that what you are experiencing in this life is all just a lesson to make you a stronger individual. The loss you feel for your daughters and the rest of your family will be restored some day. And whether it's in this life or another you will see them again. But as sad as you are, you must never forget how loved you are, you are very special.
Please just try and remember: some lessons in life cannot be taught, they must be lived to be learned. When you are ready to talk about all that you lost and forgive those who betrayed and abandoned you, I will be here waiting with an open heart. Then, I can show you the beauty that still remains in the wonderful journey your life will bring.
Light & Love
Your External Friend
Michael
Dick
June 11, 2009
Dear Inner Child:
I see that you are still very sad. Is there any way I can help? I really miss the old you. Do you remember how full of life you were? I'm sorry you experienced some really difficult times, but you did have some good times too. Over the years there have been many who have tried to cheer you up and it's quite apparent that it was to no avail.
Inner child, I can't emphasize how important it is for you to break free from the depression you're in and realize it could be worse. You must be grateful for what you have and stop dwelling in the past and try to enjoy the present moment. Otherwise, it will eventually start affecting your health.
What if I were to tell you that what you are experiencing in this life is all just a lesson to make you a stronger individual. The loss you feel for your daughters and the rest of your family will be restored some day. And whether it's in this life or another you will see them again. But as sad as you are, you must never forget how loved you are, you are very special.
Please just try and remember: some lessons in life cannot be taught, they must be lived to be learned. When you are ready to talk about all that you lost and forgive those who betrayed and abandoned you, I will be here waiting with an open heart. Then, I can show you the beauty that still remains in the wonderful journey your life will bring.
Light & Love
Your External Friend
Michael
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