Childhood

I asked Michael to write a little bit about his childhood, his youth. Understandably, he doesn't want to be critical of his birth parents so what I can share is limited. Although his father is deceased, his mother is alive and now visits him periodically.

He writes, I forgave my Mom and Dad years ago for what I went through as a child, as a youngster and as a teenager. What he is comfortable sharing, I think, says a lot about why he ended up as and where he did.

The following is from Michael, with the full names of his siblings removed and indicated by initials only.

I was born June first at 5:50 p.m. in 1959, and I was the 3rd boy born. I have an older brother named A, and then a brother named R, and then I was born. I have a sister that is a year younger than me, her name is K, and then I have another sister named T that is a year younger than K. Us 5 kids are all a year a part. My Mother and Father divorced while we were all young children. I had learned that my mother took all 5 of us, but then my dad came and got us 3 boys and he put us in orphanage homes. I ended up staying in an orphanage home the longest, and I never had that much contact with my Mom and Dad for many many years, yet, inside I knew I wasn't where I was supposed to be, I was supposed to be home with my family. I wasn't aware what was going on between my Mom and Dad. I was in the custody of Catholic Charities and was bounced around from the Villa (Saint Anthony's Villa Orphanage Home in Toledo, Ohio) to many Foster care homes. I was even thrown in Dayton Psychiatric Hospital, and then thrown into Maumee Youth Camp (Maumee, Ohio). Excuse me, the real name is Dayton's Children's Psychiatric Hospital in Dayton, Ohio.

When I was at the Villa I remember waking up in a baby crib yelling, screaming and crying because there was a Monster outside the window trying to get in the room at me, the Nun would come and turn on the light and picking me out of the baby crib and putting me in her bosom and trying to calm me down! I only remember bits and pieces of that place, and I only remember bits and pieces of the 2nd time I was in the Villa (at a new location). I remember parts of the Children's Psychiatric Hospital in Dayton, where I ended up running away, and I remember bits and pieces of Maumee Youth Camp, I ended up running from that place too. I was in a few foster homes and a few group homes in between. I remember my first stealing offense when I ran away from Maumee, I stole a candy bar out of a drug store and ate it on the steps outside. I was hungry. I also remember going in some people's homes to find something to eat when I ran away from Dayton. I had become a member of the Boys Club several years later in the 70's. However, my first Juvenile sentence occurred in 1970 for possession of marijuana and discharging a firearm downtown on July 4th, I ended up going to the Ohio Youth Commission about 5 or 6 times. . .

Between the summer of 1970, when Michael turned eleven years old, and April of 1977, Michael was, as he writes, in and out of the Ohio Youth Commission. On 1 June 1977, Michael turned 18. In August, because of conflicts with his father, he was living in the YMCA on Jefferson Avenue in Toledo, working the streets and odd jobs, and receiving a $4.oo per diem from the state for meals.

Summary of Michael's Case

In 1977, Michael Ustaszewski, solely on the basis of the testimony of another defendant and a jailhouse informant - both of whom happened to have the same attorney, was convicted of aggravated murder. The results of examination of the limited physical evidence were deemed inconclusive.

In 2004-2006, Michael worked with the Innocence Project only to discover that, per the order of the Lucas County Prosecutor's Office, the evidence had been destroyed.

Michael was convicted in December 1977. Notice of appeal was filed on 10 January 1978. The Court of Appeals affirmed the conviction on 9 February 1979.

Why then the following result of the post-conviction DNA petition? The investigating officer's affidavit states, "On January 24, 1979, per the prosecutor's office, all evidence was destroyed."

Why would the prosecutor's office order the Toledo Police Department to destroy evidence on something as serious as aggravated murder?

And, even if that makes sense, why was evidence destroyed before the Court of Appeals even published their ruling on the lower court results?

Why, over 25 years later, would one of the lead detectives on the original case be the one assigned to locate evidence? Yes, the above-referenced affidavit was signed by the same officer. Evidence that, if it exonerated Michael, might have implicated that same detective in a miscarriage of justice. Talk about the fox guarding the hen house.

If you read the trial transcripts, as I have, you would think, well, maybe... Michael certainly made some stupid decisions. But, there's a reason he was living at the YMCA on release from the Ohio Youth Commission. He'd be the first to tell you he said and did some stupid things. But, the whole picture - something not put before the court - suggests that, while he had engage in criminal behavior, he didn't kill anyone.

From the day he was arrested, over 32 years ago, Michael has professed his innocence. He remains incarcerated in the state of Ohio.

Notes

Toledo Blade, Monday, 12 Sep 1977
"A second man was arrested Sunday in connection. . ."

Common Pleas Court Criminal Appearance Docket, No. 124
All notes refer to Ustaszewski, except where otherwise noted.

Sept 14 - ORIGINAL indictment for AGGRAVATED MURDER. . .

Sept 23 - Pursuant to the command hereof, I did on the 16th [sic] day of September, 1977, arrest within the named defendant, Michael Ustasaewski [sic] and now have in my custody for safe keeping. And on the 16th day of September, 1977, I also served a true and certified copy of the indictment found against said defendant. DONALD T. HICKEY, Sheriff.

Sept 26 - Carl Kuhnle is hereby appointed counsel for the defendant.
Sept 26 - At the request of counsel for the defendant, case continued to September 30, 1977, at 9:00 a.m. for arraignment.
Sept 26 - Attorney, Carl Kuhnle is hereby appointed as counsel for the defendant.
Sept 27 - At the request of counsel for defendant, case continued to September 30, 1977, for arraignment.

Sept 30 - Defendant present in court with counsel, Carl Kuhnle; State of Ohio represented by David Cooper, Asst. Pros. Attorney.

Oct 19 - Motion to Compel Defendants to Submit to Blood Testing, filed.

Nov 9 - Motion to Suppress, filed.

Nov 18 - Order, filed.

Nov 22 - Defendant present in court with counsel, Carl Kuhnle. . . Hearing had on request of counsel for information to be supplied by the Lucas County Welfare Department. Request of counsel granted. Welfare Department is ordered to supply the information to counsel for defendant and the Prosecutor.

Nov 23 - Defendant present in court with counsel, Carl Kuhnle. . . Case called for hearing on motion to suppress. Witness sworn; evidence adduced. Arguments presented. Motion granted in part and overruled in part. Trial date of November 28, 1977 confirmed.

Nov 28 - Defendant present in court with counsel, Carl Kuhnle. . . At the request of the State of Ohio and with the consent of counsel for defendant, trial date vacated. Case rescheduled for trial December 19, 1977, at 9 a.m. Defendant ordered released on his own recognizance. [Bolding mine]

Nov 28 - Recognizance of Accused, filed.

Dec 2 - Defendant present in court with counsel, Carl Kuhnle. . . Case called for hearing on motion to compel hair sampling. Hearing had. Motion granted by consent.

Dec 9 - Co-defendant Morris waives trial by jury. [Morris]

Dec 12 - "Case called for trial by a panel of three judges consisting of Hon. Peter M. Handwork, The Hon. Reno R. Riley, Jr., and the Hon. Robert V. Franklin, Jr." [Morris]

Dec 13 - "...this three-judge panel found defendant guilty of aggravated murder. . . . committed to the Department of Correction and Rehabilitation of the State of Ohio for transfer to the Ohio Penitentiary at Lucasville where he will serve the balance of his natural life. . ." [Morris]

Dec 16 - Hearing had on State of Ohio's request for revocation of the OR bond in this matter. Carl Kuhnle present on behalf of defendant. . . Request denied.

Dec 19 - Case called for trial. Court Reporter Ordered. Defendant, Michael W. Ustaszewski, present in court with counsel, Carl Kuhnle. . . Jury empaneled and sworn. Evidence adduced.

Dec 20 - Trial resumed. Evidence adduced.

Dec 21 - Trial resumed. Evidence adduced. Closing arguments of counsel concluded. Court charged the jury. Jury retired to consider its verdict at 1:00 o'clock p.m. and at 4:40 p.m. returned with a verdict as follows: "For verdict find and say that we find the defendant, Michael W. Ustaszewski, guilty of aggravated murder." 12 jurors concurreing [sic] therein. At the request of the defense the jury was polled and each juror indicated that the verdict read was his/her verdict. Whereupon, the Court inquired of the defendant if he had anything to sat [sic] before judgment is pronounced; defendant made certain statements. it is ordered . . . for the rest of his natural life.

Dec 28 - Notice of Appeal and praecipe filed.

Dec 29 - Attorney Kenneth Rohrs appointed to represent defendant for purposed of appeal.

Apr 7 [1978] - Transcript of Proceedings, filed. Certified to the Court of Appeals.

//END//

Common Pleas Court, Lucas County, OHIO,
Trial Docket Orders and Motion Docket Entries

2-21-79 - Mandate from the Court of Appeals affirming decision of Common Pleas Court filed.

6-14-83 - Motion to Proceed in Forma Pauperis in Postconviction Proceedings, filed.

6-14-83 - Postconviction Petition, filed.

6-30-83 - Motion to dismiss postconviction petition filed.

7-25-83 - Motion for friend and power of attorney filed.

7-26-83 - Motion for subpoena to produce witnesses at hearing filed.

7-27-83 - Since Larry Dean Robinson is not admitted to the practice of law in the State of Ohio, therefore not permitted to practice in this court, request for subpoena is found not well taken and is hereby denied.

8-3-83 - The motion of the State of Ohio to dismiss the defendant's petition for post-conviction relief found well taken and is hereby granted.

8-22-83 - Petition for Writ of Habeas Corpus and Memorandum, filed.

8-22-83 - Motion for Free Copying Service, filed.

8-22-83 - Motion to Proceed in Forma Pauperis in Habeas Corpus Proceedings, filed.

8/23/83 - Application for a writ of habeas corpus filed in the wrong jurisdiction and is hereby dismissed.

9-28-83 - Notice of Aopeal [sic] filed. Prosecutor notified.

9-30-83 - Motion to Proceed in Forma Pauperis in Postconviction Proceedings, filed.

9-30-83 - Petition to Vacate or set Aside Sentence, and Affidavit of Indigency, filed.

10-13-83 - Motions filed 7/30/83 over ruled. See entry of 8/3/83

10-17-83 - Petitioner's Motion for Judgment in Default, in Postconviction Proceedings, filed.

10-18-83 - Petitioner's motion for a default judgment denied.

10-27-83 - Motion for Judge to Disqualify Himself on Gounds [sic] of Bias and Prejudice and Affidavit, filed.

12-2-83 - Mandate Affirming Decision of Common Pleas, filed.

1-18-84 - Notice sent to Supreme Court of Ohio by Certified Mail. . .

1-18-84 - Return Receipt. . .

3-12-84 - Pursuant to the court's ruling of October 13, 1983, which denied defendant's petition for post-conviction relief filed September 30, 1983, findings of fact and conclusions of law (file-stamped March 7, 1984) are ordered filed instanter.

3-26-84 - Notice of Appeal, filed. Prosecutor notified.

3-26-84 - Praecipe, filed. Court reporter notified.

5-1-84 - Mandate from Supreme Court Overruling Motion for Leave to Appeal from the Court of Appeals, filed.

5-1-84 - Mandate from Supreme Court Dismissing Appeal from the Court of Appeals, filed.

6-22-84 - Mandate Affirming Decision of Common Please, filed.

A visit to the Criminal File room at the Lucas County Courthouse on Tuesday, 1 Sep 2009, resulted in no records dating from 6/22/84 until 11/13/1998.

//END//

Clerk of Courts Docket - electronic

11-13-1998 - Case cont'd from Manual Docket
Please see the HP-3000 and.or the paper Appearance Docket for information on events which occurred prior to July 1, 1997.
[As above, no records after 6/22/84, but before either 7/1/97 or 11/13/98 were found.]

1998 records refer to Morris.

10-28-2004 - Motion, application for DNA testing, filed by Professor Mark Godsey, University of Cincinnati, Prosecutor notified.

10-28-2004 - Various motions, etc., were filed/heard between the this date and 2/1/2006.

2-1-2006 - The judgment of the Lucas County Court of Common Pleas is reversed and we therefore remand this case to the trial court to make findings that comport with the thoroughness mandated by this statutory scheme.

2-1-2006 - Various motions, etc. were filed/heard between this date and 1/30/2008, when the electronic docket ceases.

//END//

Court of Appeals of Ohio, Sixth District, Lucas County, State of Ohio Appellee v. Michael W. Ustaszewski Appellant, No. L-05-1226, Jan. 27, 2006.
 
The Court of Appeals, Singer, P.J., held that State's responsive pleading failed to demonstrate reasonable diligence in locating DNA evidence. Reversed and remanded.

Supreme Court of Ohio, State v. Ustaszewski, NO. 2008-1233, September 10, 2008
On motion for leave to file delayed appeal. Motion denied.

Supreme Court of Ohio, State v. Ustaszewski, December 03, 2008
On motion for reconsideration. Motion denied.

See here and here for electronic dockets.

The Murder of Henry Cordle

On Monday, 22 August 1977, Henry B. Cordle, 74, was found murdered in his room at the YMCA in Toledo, Ohio. The newspaper said he had been stabbed 15-20 times. The number was actually 37.

On Sunday, 11 September 1977, police officers came to the YMCA room of Michael W. Ustaszewski, 18, and arrested him for the murder of Henry Cordle.

Michael A. Morris, another resident of the YMCA, had been arrested for the murder of Henry Cordle the day before.

Both Ustaszewski and Morris were convicted of aggravated murder and sentenced to life. Michael Ustaszewski would be eligible for parole after serving 15 years. He would then be 33 years old.

Degrees of Separation

March 1976, Adele Nicole Solomon, murdered.
White, female, 21.
One man convicted of burglary; acquitted of murder and assault.
He later died in prison.
Nicki lived in the building behind me in Washington, DC.
We both attended The George Washington University.

August 1977, Henry B. Cordle, murdered.
White, male, 74.
Two men were convicted and sentenced to life.
As of this writing, they both remain incarcerated.
I didn't know Henry.
My parents knew one of the accused, Michael Wayne Ustaszewski.

October 1980, Susan Elaine Miller, murdered.
White, female, 33.
One man sentenced to life, paroled in 1995.
Served just under 15 years.
Susan was someone I knew when I was in the Army.

It is my personal connection to each of these three cases, and the different outcomes of the cases, that compelled me to start considering Michael's assertion of actual innocence.