Monday, March 31, 2014

Update

This blog is no longer maintained. To keep up with Michael and learn more about his experiences since leaving prison, please visit the website Journey Toward Truth. Thanks and be well!

Sunday, April 28, 2013

Freedom

On Monday, 22 April 2012, Michael Ustaszewski was paroled after 35 years, four months, and one day of wrongful incarceration.

Wednesday, March 20, 2013

Holding Pattern

Thirty-two and a wake-up. That's the count for Michael. If all continues to go well, on Monday, 22 April he will step into the fresh air and have the freedom, as he said, "...to buy a candy bar when I want." I'd like to write about the hearing, the comments on news articles, the pathetic letter I received from "D. Smith" of Toledo, the people who know the truth but won't give it up... But, I'm too tired. It will have to wait. My energies need to go into planning my trip to Ohio, improving the web of support for Michael, and thinking about the film project. Oh, and then there's my real job. But, I felt like I should "check in" here, however briefly. So, there you have it.

Friday, February 22, 2013

Website

I had to rebuild the website from scratch when the hosting service changed platforms. Except for posting images of Michael's paintings, it's pretty much up and running now. Check it out!

Thursday, February 21, 2013

Breaking News

Michael has been granted parole. His POA - parole on or after - date is Monday, 22 April. I'll post more about the hearing, etc. at another time. Right now, I'm exhausted. But, I did get to visit Michael - along with his sisters, cousin, niece, and a colleague of mine. He was, of course, elated. Thanks to everyone who sent their good thoughts, prayers, etc. The ultimate in justice has not yet been achieved, but this is a major step in the right direction.

Monday, February 18, 2013

News Coverage

There is an article in the Toledo Blade about the upcoming parole hearing. If you are unable to view it because it prompts you to pay, try changing your settings to prohibit pop-up windows. On some computers it gets blocked; on others it can be read. Please be aware that this was a brief article, not full coverage of the case. As such, there is one major error and there are lots of missing details. I.e., Mr. Cordle was not staying at the Y of his own volition while his house was being worked on and, as for missing details, there were three wounds that were considered fatal; the coroner testified that neither of Mr. Ustaszewski's knives could have made these wounds; and so forth.

And, there is a blog post here that is a response to the above article.

Personally, what I found most shocking and disappointing is that a member of the bar referred to another human being as 'defective.' This from a man who, judging by his comments, has not done even the most basic review of the facts of the case, let alone read the transcripts. To refer to another human being as 'defective' is unprofessional, at best.

I do want to note that while I did contact the Blade in 2010, they weren't interested. This article was prompted by a call from someone else. As a result of that 'tip,' I was contacted.

Finally, the website will not be updated any time soon. Unfortunately the hosting company changed platforms and I am unable to edit the site. I have to completely rebuild it and that's not going to happen this week to be sure!

Tuesday, December 4, 2012

Parole Hearing

For those not on facebook... Michael had a parole hearing on 26 October. This sub-set of the board recommended that parole be granted. The full board then recommended, by majority vote, that parole be granted. They are statutorily obligated to notify the prosecutor and the victim's family. Since someone objected, the next step is a hearing before the full board. Michael is not physically present at that hearing. He may have up to three people speak on his behalf and may have up to 20 people present. This hearing will occur on 21 February 2013. Stay tuned.

Wednesday, August 22, 2012

Been too long...

I realized as I typed, that the title has multiple meanings. It's been a while since I've posted and, if you look at the counter to the right, you'll see that Michael has been wrongfully incarcerated for far too long.

I just wanted to post a note saying that I spent about 4 hours today visiting with Michael. He was in better spirits than when I saw him last September. And, in January - when we did the video interview - he was nervous so I'm not really sure what, beyond that, he was feeling.

His next hearing for parole consideration is in October and he's anxious - in both a good way and not - about that. Other inmates are telling him that they "just have a feeling..." that he'll be granted parole. On the one hand, he needs to be positive and, as we discussed, needs to have a plan. On the other hand, I do have concerns about the "crash" that he will experience if he is, once again, denied.

We talked about what he will do during his first few days out. I was told to bring Epsom salts, rubbing alcohol, and bubble bath for his first soak in 35 years. He wants to get his driver's license. He'll need clothing. I was thinking that it's a lot like being born... at 53.

Well, I am trying to think about what he'll need to do to be prepared, but I, too, don't want to get my hopes up for him. The good news is that he'll have the decision about two months before he would actually be released.That's about it. Keep him in your thoughts!

Saturday, February 4, 2012

Michael's Sister, Tina

For a clip of my interview with Michael's sister, click here.

Thursday, January 26, 2012

Greetings from Ohio

I left University Heights, OH at 6:00 am this morning and drove - in darkness and rain - to the Marion Correctional Institution. By a few minutes after 9:00 I was in, had set up the camera, releases were signed, Michael was miked, and we were ready to go. I was pretty nervous getting started - not about the prison, but that technology would fail me. I wanted to put my 32GB card in and couldn't find it. I was freaking out! But, I found it. Whew!

We went through a series of questions and wrapped things up minutes before noon. The video images look decent. I'm a little worried about the sound. We were supposed to be in the warden's conference room, but got moved to a staff resource room. Doesn't sound so bad, but it's across from the visiting room and immediately next to some of the very heavy, loud, clanging doors. If the mike picked that up it actually might add something. But, it could also prove to be disruptive. We'll see. I was supposed to record a minute of ambient sound (i.e., the air, no talking), but I forgot! Palm to forehead.

Michael did very well. He was a little nervous at first, but seemed to relax a bit. I isn't easy, but especially not when a member of the warden's staff is sitting five feet away making sure he approves of everything you say. There were only a couple of spots where he said we had to cut it. Basically, no comments about ODRC staff, no names, etc. He seems like a nice guy and he was just doing his job, but it is a bit intimidating, I think.

But, it's done - for now. Tomorrow morning, if all goes according to plan, I'll be interviewing one of Michael's sisters and her adult daughter in Cleveland. Then, later tomorrow afternoon I meet with one of his brothers and his other sister in Toledo. Fingers crossed that it all goes well. Stay tuned. Once we get things cleaned up and the warden's office approves, I'll post something here.

Sunday, September 18, 2011

Big. Really Big.

I'm getting tired of posting that I can't really post, but, so be it. All I can say is, we received some very good news late last week. Stay tuned. Hopefully in the coming weeks I'll be able to reveal what we've accomplished and what we hope will come of it.

Note for today: James Bain, released in late 2009, was wrongfully incarcerated for 35 years, the longest to date. This December, Michael will have served 34 years. Just to put things in perspective...

Monday, May 9, 2011

A little good news...

Well, as I've said before, I have news, but nothing I feel I should disclose in detail. But, it's another statement that may potentially prove useful to Michael's case. Little by little, bit by bit... And, of additional importance is the possibility that this contact may lead to other statements. Cross your fingers, say your prayers - whatever works!

Monday, April 25, 2011

Forensic Testimony

Michael has been begging me to track down Theresa Voelker, the woman from the Ohio Bureau of Criminal Identification and Investigation who testified at his trial. She ran the tests on the jeans, etc. Because the evidence has, allegedly, been destroyed and because I'm not convinced that failing to tie him to the biological evidence would be deemed exculpatory, this wasn't a high priority. But, it did bother me that she seemed to have disappeared.

The PI had found one person with her name, in the right age range, in the entire US. She lives, ironically, in Saint Paul, where I used to live. I found an email for her husband and was able to confirm that she is not, in fact, the right woman. But, that got me thinking, "Is she dead? If not, where is she?" I assumed that she had a new name.

Then, I checked ancestry.com. Lo' and behold I found a divorce record that had to be the right person. The middle initial, age, town, etc. were perfect! Then, I found her ex-husband, still living and working in the same town. I found him on facebook and found his work email address. I heard back from him right away. He told me that she was remarried and now lived in Mississippi. He told me about an old friend of hers that he thought would have contact info. I was able to get the friend's email address from his work's website. And, he wrote back right away! He told me that he was forwarding my email to her. I really didn't think I'd hear from her. I mean, here I was writing about a case from over 30 years ago! But, she very graciously wrote back.I knew that this wouldn't crack the case. But, I'm so glad to be able to tell Michael that we've exhausted this avenue, that we did find her.

Here's part of what she had to say, my underlining and notes:

"I am sorry to say that I do not remember the case, but you can understand it would be difficult as I worked thousands of cases in my 24 year career

I must say I was very surprised that the court destroyed the evidence just two years after the trial.  I don't remember if that was the norm back then, but when I worked for the [other state] Police Crime Lab in [other state], we kept samples of the evidence for years. [Note: It was destroyed 13 months after trial.]

As far as the jeans, how did the police ascertain that these were worn by Michael at the time of the crime?  There weren't any other items of clothing submitted such as shirt or shoes. Why weren't these impounded? [Note: The co-defendant testified that these were the jeans Michael was wearing. I guess he threw everything else out and kept bloody jeans.]

As to your question about wouldn't more blood be on someone's clothing if they stabbed someone that many times:  It is certainly reasonable to think that, but if the first wound or two felled the victim and he was lying there motionless, it would be possible to continue to stab him without a lot of blood being transferred.  If they were struggling, however, then the likelihood of more transfer would increase.

The fingernail scrapings: My notes said "some contain blood, but the quantity was not sufficient for species or type. Also, it looks like "some hair." I don't remember if any hair comparisons were made; the notes do not show that. Also, no hair standard from the victim was submitted for elimination purposes. On the two submission sheets of the hair samples from both defendants, there are notes written at the bottom; that is not my writing.  I believe my lab supervisor at that time, [omitted], did the hair exams as I wasn't yet trained to do that. He may have written a report to the Toledo PD on those findings. If a copy of my report that I wrote to the Toledo PD could be obtained, it might contain more information than in my notes. 

It is possible that hair from the fingernails could have been kept in the lab, but I highly doubt if they would still be there after all these years.  More than likely they were left in the bag with the nail scrapings and that was destroyed.  And if the known hair samples from the defendants were also destroyed, there wouldn't be anything to compare the unknown hairs to anyway.  Their hair today would most certainly show different characteristics than when they were teenagers.

I don't remember testing any knives.  If they had been submitted, there would have been a submission sheet for them. 

Also, I found it strange that a blood standard from the victim didn't appear to have been submitted.  Type B  blood was found on several items I assume were from the scene, and was probably the victim's blood; it was not the same type as either of the defendants. Even if it was the blood from another suspect, back in 1977 we did not have the capabilities of breaking the blood down into other types as we do today.

I'm afraid none of this really helps at this point, but the forensic evidence in itself didn't seem to be enough for a conviction. The jury must have thought the detective's testimony held a lot of weight, as well as any other testimony of which I wouldn't have any knowledge."

As for the possibility that some of her slides are tucked away in a drawer somewhere. Well, as noted elsewhere, I'm not convinced that proving that Michael's DNA appears on nothing taken from the crime scene would be viewed as exculpatory. It's not the same as saying that he's excluded as a result of the DNA testing of a semen stain. But, additionally, the lab in which she did the work, in 1977, moved to a new building in another town in 1996. The odds that boxes of old slides, etc. were moved, nineteen years after the fact seem slim to none. And, given the issue with the potential for any DNA testing to be viewed as exculpatory, this road is closed.  So, there you have it. But, there is some peace in knowing that there isn't a rock unturned that is hiding the treasure beneath it.

This is a non-DNA case, to be sure. And, to those of you who know anything about those, this means we're pushing a very big boulder up a very steep hill.

Note: There's nothing to be gained by revealing "Ms. Voelker's" current name so I have not done so here.

Thursday, April 21, 2011

Good News

There is good news that I can't yet share publicly, though none that "makes the case."

But, the good news that I can share is that Michael was able to get his record corrected to reflect "15 to life" rather than the "life to life" it had been showing. Not only is that good news because the parole board will, in 2012, be dealing with the correct info, but I think the fact that Michael was able to navigate the system and actually have it result in his complaint being validated is a really good thing for him.

Hopefully I'll be able to post some really good news in the not so distant future.

Monday, March 28, 2011

Court Errors

I recently received a copy of an Opinion and Judgment Entry from the Court of Common Pleas, Lucas County. Michael has been trying, without luck, to have errors in his record corrected. The Court says that his beef is with the Ohio Adult Parole Authority while they say, so I'm told, that his beef his with the Court. Nice Catch-22.

But, what's truly appalling is this. The opinion states that Michael was indicted on 27 August 1977. He wasn't even arrested until 11 September 1977 and he was indicted on 14 September. It says that he was convicted on 12 December 1977. His trial didn't begin until 19 December; he was convicted on the 21st. His co-defendant went to trial on the 12th. And, he was sentenced to life with the possibility of parole at 15 years, commonly referred to as 15 to life.

If this is the level of efficiency and reliability that comes out of the Court is it any wonder that innocent people are sitting in prison?

Update, sort of...

As I mentioned below, I'm hesitant to post the specifics of any "accomplishments" regarding our attempts to locate fresh evidence. But, I do want to say - for those of you who check in here now and again - that, since my last post, we've had two major successes. We're two for four in those particular efforts and have a lead on one of the two remaining "goals."

Aside from that, I'll be traveling to Ohio next week to attend the 2011 Innocence Network Conference in Cincinnati. But, I'll be flying into Columbus and driving to Cincinnati so that I can detour through Marion and visit Michael on the 7th.

I'm also reading False Justice, by the former attorney general of Ohio, Jim Petro, and Nancy Petro. I guess they'll be at the conference doing a signing. I've written to Mr. Petro - alas, I've not heard back. I can only imagine the letters he and his co-author/wife receive...

That's about it for now. Keep your fingers crossed for another "win."

Update: I had the privilege of meeting Jim and Nancy Petro at the conference. They were both very nice and, of course, saddened by Michael's story.

Tuesday, November 30, 2010

Update

As I've said before, I don't really want to post details of any "movement." I'm just wary of the wrong people getting the info and using it to try to defeat any future actions on our part. But, we've got good news regarding things that could potentially constitute new evidence, or lead us to new evidence. Fingers crossed.

And, in other news, I heard from one of Michael's brothers, posting here as Jerry. Glad he found the blog, and me. It's nice to hear from a family member. Welcome!

As we approach December, we also approach the 33rd anniversary of Michael's (wrongful) conviction. Thirty three years. That's over 12,000 days. Twelve. Thousand. Days. In prison. This will be his 34th Christmas as a prisoner. Keep him in your thoughts.

Monday, November 15, 2010

Michael's Artwork

I have nothing new to share regarding our efforts to address Michael's wrongful conviction. But, I did think it might be nice to post these photos of two pieces of his art that I just received from him.


Friday, September 3, 2010

The Latest

It's been a month since my last post. Just in case anyone is checking to see if there's any news, I wanted to post something.

There has been movement in the investigation. However, I don't feel it's prudent to post details in a public forum. I will say that a number of persons of interest have been located, two of whom have been interviewed. No small feat when you consider that the case is 33 years old! If you have an interest in the case and wish to receive a more detailed update, feel free to send me an email.

Also, remember that there's a facebook group, Justice for Michael Ustaszewski. Consider visiting us there. Thanks!

Tuesday, August 3, 2010

August 2010

It has been brought to my attention that some folks who have accessed this blog have had trouble following it. The reason it is not in "perfect" chronological order is because I have written as I have gathered info, had ideas, etc. But, the best way - for those who want to know as much as possible about Michael's case - is to use the Blog Archive to the right.

Click on 2009. Then click on November. Then, start with the lowest posting (i.e., Degrees of Separation). From there, work your way toward the present. I.e., then December 2009, then January 2010. And, again, within each month, start at the bottom, reading the lowest post first and work your way up.

This is not a "web site," but a blog. It is a free way of sharing this information. I cannot afford to maintain a "real" website about Michael's case so this is the next best thing.

I should add that the case history is confusing. I've read, and re-read, the transcripts, the police file, Michael's letters, etc. and I still get confused! So, if you're confused, you're not alone.

I have been asked about how people can help. Those of you in Ohio can help by writing to people in the state legislature or to newspapers. I have written to state legislators in Districts 46 (Sears), 47 (Walter), 48 (Brown), and 49 (Szollosi) as well as State Senator (District 2) Wagoner. I have also written to Rose Russell, a reporter at the Toledo Blade. Not that it's a real surprise, but none of these individuals has extended me the courtesy of a reply.

The biggest help of all, of course, would be fundraising. Through the generosity of one donor I was able to hire a private investigator to start working on the case. But, at $75/hour, money goes fast. He has developed some good leads, but I don't want to post those publicly, at least not just yet. Michael knows what is being done. If you have any way of raising funds or can make even a small donation yourself, please use the FundBunch link on the right of this page. Every little bit helps!

Again, if you can't help financially, please consider helping by spreading the word. It only takes one interested person in the "right" place to get the ball rolling!

That's it for now. If you have questions, feel free to contact me directly at msheridaneh@gmail.com. Thanks for reading!