September 8, 2004
Hi Everyone,
I just want to give you an update on developments going on with Michael's case.
1. Michael has resubmitted his amended complaint, regarding intentional torts against his trial lawyer, to the court in Middlesex (Mass.) county. A copy has also been sent to the lawyer for the defendant (trial lawyer). I suspect the defendant will attempt to file a motion to dismiss this amended complaint. I will keep you posted as things develop in this civil suit.
2. Last week I heard from the New England Innocence Project (NEIP) that they have finished reviewing Michael's conviction. The law student/intern working on the case submitted his recommendation to the Case Review Committee (CRC) for review. I am not privy to what that recommendation is. NEIP expects there will be CRC meeting sometime in the next couple of months. Once the CRC meets Michael and I will be notified what their decision is. The NEIP has hundreds of cases submitted to them. Few get selected to be reviewed. Michael's case had merit and was reviewed. The next step in the process (the CRC) eliminates more cases from the mix. Most if not all the cases submitted to NEIP are for people that have been wrongfully convicted and deserve to be represented. The NEIP can only take on a limited number of cases. To date their selection process is pretty focused. They take on cases where DNA proves the wrongfully convicted absolutely, positively did not commit the crime. I ask each and every one of you to continue your prayers for Michael. I'll be back in touch as soon as we hear what NEIP's decision is.
3. This Friday (September 10th) the Commonwealth of Massachusetts is due to submit their Opposition Brief (in response to Michael's brief) to the Appellate Court. As soon as Michael's lawyer receives this brief he has fourteen days to respond with a Reply Brief. Once I receive a copy of the Opposition Brief I will be back in touch with you and will continue to update you on this matter.
I thank all of you for your support and prayers on Michael's behalf.
God bless 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.