June 16, 2006
Hi Everyone,
I want to give you all an update on what is going on with Michael since my last update to you.
I have visited him twice in prison since returning back East. They have been two of the best visits he and I have spent together during the past three years. Yes, he is devastated by the decision handed down by the Massachusetts Supreme Judicial Court (SJC); who wouldn't be, we all were. He has gone through bouts of depression, sadness, anger, resentment, and grief. Yet in spite of this he is still able to maintain his sense of humor, spirituality, and faith in God. He is most thankful for all your prayers and support, and wants to thank all of you who wrote to him and signed his guest book. Michael is a very special young man; I wish all of you could meet him.
On May 31st Michael went to a sentence appeal hearing in hopes of getting his sentence reduced. He was originally sentenced to 35-50 years which is extremely severe for a crime of this nature; there are many murderers having received a lesser sentence then his. Most often prisoners appealing their sentences aren't successful; sadly Michael’s sentence appeal was no exception. The three judge panel decided that even though Michael’s sentence was four (4) times the guidelines he should have received and double (2) the worst guidelines available, the three judges felt his sentence was perfectly appropriate. I've stopped trying to figure out how the criminal justice system works in the Commonwealth of Massachusetts.
Michael’s appellate lawyer will begin work on filing a writ of habeas to the federal courts. The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. As I read the above definition it seems like there was much lawless state action conducted by the SJC but then again I'm not a lawyer. In essence Michael will file this writ in an attempt to show that his constitutional rights were violated in state court.
In other news the New England Innocence Project (NEIP) confirmed their intention to serve as counsel to Michael on a pro bono basis. NEIP will assist Michael in obtaining DNA testing on the physical evidence from his case and the filing of any appropriate motion with the court warranted by the results of that testing. As I've stated in previous emails the Innocence Projects get many applications for their services, few are chosen. That NEIP has accepted Michael’s case gives us hope that something positive will come out of this and help Michael as he continues his fight for freedom.
I encourage you to write Michael and/or send him a card. You can send your letters and cards to:
Michael O'Laughlin W80371
S.B.C.C. N-1 #57
P.O. Box 8000
Shirley, MA 01464
Sadly we have had to shut down Michael’s guest book at this time due to inflammatory and derogatory remarks sent by one person on a continual basis. Hopefully we'll be able to activate the guest book in the near future.
May God bless each and every one of you,
Dick
P. S. If these email messages and updates are not in harmony with your thinking at this time please let me know, and I'll remove your name from this list.
