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  #1  
Old 09-07-2009, 10:35 PM
irishchocolate irishchocolate is offline
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Default Murder Sentence

Hello everyone! I am new on here and have been doing a lot of research the last couple days. I was looking for support basically because I grew up without my father. My parents never really "dated", they were a thing for a short time, and I was born when my mother they were both 19. My father had one child before me, and another 7 months afterwards. I remember crying myself to sleep on multiple occasions telling myself I didn't have a father who loved me enough to be in my life.

Finally when I was twelve, my mother paid for a search, and found my grandmother. Apparently, one of the last times my mother saw her before I was born, my grandmother told her to call her anytime. My mother had tried calling a few times, and the number was no longer working. My father was in and out of jail, and they eventually couldn't get a hold of each other. My father was in no way raised by good parents. He spent most of his time with his grandmother, who from what I know, was a good lady. However, his father is a loser. (Recently told by my uncle that his father had just gotten locked up because this guy said or did something to him, and my grandfather grabbed his gun and went to a club to find this guy - can you say retard? He's in his 70's!) My grandmother, when I met her, seemed like a great grandmother. She took my shopping, called me all the time, wanted me to move in with her, etc. Then one day, she stood me up. I called her for hourssss when she was supposed to be coming to pick me up. She did not answer all day, and did not call me back for 2 years! Since then, she has come in and out of my life as she pleases. I can tell that she was a no good mother. When I met her, she had apparently been clean for 7 years. (That's a lie, because I could tell multiple times when I saw her that she was high. Maybe not on crack, etc like before, but she was high.) So like I said, he was raised to think that bad things were okay. I blame them for how he turned out because honestly, after knowing that family since I was 13, and am now 20... I want nothing to do with any of them except my older sister. My uncle also thinks he can come in and out of my life as he pleases.

I got a letter a couple days ago telling me he was transferred, loss of visits for another week, no phone calls, just got out of seg, and no contact visits for two years!!! I was devastated! My fathers hugs are what make everything okay!! When I am feeling down, that is all I need! Now I cannot touch him for two years? I wrote him back. I told him I know he wasn't going to want to hear it, but I don't think I can handle going to see him behind the glass. To sit there and stare at my father through a glass, and not be able to get close to him! I may not have grew up with him, but I am a daddy's girl all the way. He didn't tell me what happened. I assumed he got into a fight. But I read a thread on here a few minutes ago saying how someone's boyfriend got all of the above things for a three way call!!!! That is horrible!! I can see like 2-6 months, but 2 years?!

Anyways, I have never gotten the story from my father. Maybe he didn't want me to think he's a bad person, maybe he didn't want to talk to his daughter about it. I don't know. Yesterday however, my mom found me an appeals case online. I read it over, even though it was veryyyyy long. He got locked up in '95 (I was 5 years old). So that's what, 14 years now that he's been in jail? According to the appeals case, this is what went down. One day someone shot his brother. Did not kill him, but shot him. I don't know where he was hit, or how bad it was. The next day, it said that my fathers friend and that guys girlfriend were driving and saw the kid that shot my uncle. He then drove a few streets over to my father's girlfriend's house, and talked with my father for a while. Those two and one other person that was there apparently drove back, came to a stop outside the house where the kid that shot my uncle, and some others were outside talking. It then said that many shots were fired from the passenger seat (where it said my father was seated), and then the car went back to my fathers girlfriends house, and the two girlfriends went and brought the car to the cash wash (not knowing anything that happened). One kid was injured, one was killed.

All I know about the case is what I read on the appeals case. My father has been in there for 14 years, and doesn't have a release date, or an estimated one. His max time is 60 years. He's been trying to be on his best behavior, working, trying to keep to himself and do what he had to do to try and get some years taken off. He was also trying to work with attorneys to help out, but it seems like everyone that came in to talk to him, he sent right back out! He wouldn't even give them a shot! He says he can tell by the way they look if they're going to be useful or not! I told him he can't do that!

What I want to know, is whether he is or isn't guilty, is there anything I can do? A while back when I first got in contact with him and starting visiting and writing all the time, he wanted me to look into habeas corpus stuff. I don't really know what that is and if it would help. All I know is that I want to see my father out from behind the glass, and before he gets old and crippled, I want to be able to spend some real time together! He will be 40 next year, and I am 20. Is there ANYTHING I can do?!
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  #2  
Old 09-08-2009, 09:56 AM
Gryphon Gryphon is offline
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Originally Posted by irishchocolate View Post
What I want to know, is whether he is or isn't guilty, is there anything I can do? A while back when I first got in contact with him and starting visiting and writing all the time, he wanted me to look into habeas corpus stuff.
A Writ of Habeus Corpus is what remains as a vehicle to review any Due Process issues. There is no right to appointed counsel. The Writ is a very simple document to complete, and it is basically a form. The ISSUE on teh other hand is what's critical. Typical issues include newly doscovered evidence or unconstitutional jury instructions.
If you go to a law library, you will no doubt find a book on your State's Habeus procedure. That won't help you issue spot though.

You don't mention what his sentence was. If it was a conviction for premeditated murder, even if he has a theoretical out date it is unlikely that he'll ever be released. You can post in your home state's forum to see if a geriatric release is possible. It sounds like he has at least 2 felony convictions, (murder and atempted murder) but there could easily be more (drive by shooting).
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Old 09-08-2009, 10:20 AM
irishchocolate irishchocolate is offline
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from the appeals case i read:
"charging the defendant with the crimes of murder, conspiracy to commit murder, attempt to commit murder, criminal possession of a firearm, and illegal possession of a weapon in a motor vehicle"


The CT D.O.C. site where you search the inmates number and get a little info says:
Controlling Offense: CRIMINAL LIABILITY FOR ANOTHER PERSON
Maximum Sentence: 60 Year(s) 0 Month(s) 0 Day(s)
Maximum Release Date: 8/28/2056
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Old 09-08-2009, 10:39 AM
irishchocolate irishchocolate is offline
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As far as I see, there isn't a shot with geriatric release. He's 39 and in perfect health. Gained a lot of weight since he got locked up, since he's about 230 now and was very very thing back when I was born. (Guess he didn't take the working out route like some others do). However, what about volunteer services and stuff? Could that help? Before he got transferred, he worked with the hospice, and for doing that, once a year they held a dinner for all of the volunteers and they could have 3 people join them. (I never got to go). But I know there IS stuff that can help him, but I'm just a 20 year old that's new to this, so I don't know what those things are. I wanted to take some law courses at my previous college, but now I transferred to a school where the classes beginning to end are already made up and I cannot take more unless I switch to a non-degree student.
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Old 09-08-2009, 05:10 PM
Gryphon Gryphon is offline
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However, what about volunteer services and stuff?
This is where you need some advice from the sentencing state. A theoretical chance of parole is different than a real chance. The trial attorney should be able to answer that question for him.
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