Michael Owsley
| Michael Owsley's Supreme Court Application |
| News About Michaels Execution |
CASE HISTORY
I am on Death Row for the 1994 conviction of First Degree Murder, this occurred on April 19, 1993, and I have been here in the Potosi Correctional Center awaiting my own murder since Jan. 13, 1995.
My case is not a well known case, as a matter of fact, the only times I can remember my case being mentioned in any papers were when the event occurred, and when I went to trial, other than that, there nas been no notoriety concerning my case. I was arrested on April 21, 1993 after being turned in by my co-defendant whose name is Marion Hamilton. This so-called friend, whom I used to love like a Brother I later found out was a F.B.I informant, who was already informing the Federal Authorities that I was a Bank Robber, which is not true. In the course ofthe day on which this event occurred, I had consumed over two and one half pints of Gin, also I had smoked P.C.P (pencycledine) most of that afternoon and evening, needless to say I was in no condition to be doing anything. When I was initially arrested for this, I told the detectives that I could not remember what occurred after a certain point, and stuck to that until they convinced me that I had better say something to them, because I was sure to get the Death Penalty with the way that Marion Hamilton was putting this entire event on me, and they even went as far as to suggest that I say it was an accidental shooting, because marks of the victims head would support that I had hit him with the gun, making it discharge, they also told me that if I said this, they would talk to the Prosecutor and let them know of my cooperation and I would not be facing a charge of First Degree Murder. So I said everything they wanted me to say, and as you can see, it was only a trick, to get me convicted of first degree murder anyway. I was kept in the Jackson County Jail for over Eighteen Months awaiting trial for this, I was appointed counsel in the form of a 72 year old lawyer by the names of James McMullin, who rolled into the visiting room in a wheelchair, because he had just had hip replacement surgery. This attorney who was already in poor health also proved to be of poor mind, he could not keep me distinguished from another one of his clients, and constantly confused one of us for the other, he performed no pre-trial investigation in my case, he would not prepare an adequate investigation of the State's one witness against me that would prove to impeach that witnesses testimony, he signed my name on motions to the courL, giving them the impression that we were communicating, when in fact we were not, he would not file motions that I requested him to file on my behalf, he filed motions in my case that pertained to his other client that he continously confused me with, one of these documents that he filed was Mitigating Circumstances, which gives the jury reasons to consider not giving me the Death Sentence, he would go as far as to wait until a hearing, and in front of the prosecutor, ask the judge to put me on the stand, so I could say why I wanted him to do certain things, and in the process give up every defense strateg y in my case to the prosecutor before trial. This lawyer was found to be incompetent to handle Death Penalty cases by the Missouri Public Defender's office. Yet, I ended up going to trial with him after attempting to have him removed from my case several times, needless to also say, this attorney is a supporter of the death penalty who lets his opinion be known by participating on radio programs on the subject, and also writing the newspapers to disparage the very people that he supposedely represents, , saying things like appeals take too long, Missouri needs to start executing people, and he finds it abhorrent to have to defend the cases he is 'forced' to defend.
My trial was a joke, I ended up with an all woman jury, which I expressly told my lawyer to avoid, he stated that no jury of women has ever given anybody the death penalty, and as you can see, I am the first person in history to recieve a death sentence from an all woman jury. He disparaged women to this jury, and when he intended to use expert witnesses, also disparaged their use. I was duly convicted after the sham he put on as a defense, basically, I had none.
The witness used by the
State of Missouri in my case was found to be under psychiatric care by my
co-defendant's lawyer, my attorney failed to bring this out before trial,
or during trial, before my trial, I attempted to bring it out myself, at
a hearing I requested the medical records of the State's witness., but the
state made a motion to prevent me from getting any of those records, clearly
suppressing evidence of their witnesses' lack of credibility.
| MORE INFORMATION COMING SOON ! ! ! |
Newsarticle: Razor Blades!!
I am writing because I
am sure you are aware of the current events conceming the "discovery" of
numerous razor blades in the railings of bunks here at Potosi Correctional
Center.
These findings have been
confined mostly to housing unit 116, and due to two recent slashing incidents
involviitg razor blades, this administration, along with many who have been
written in Jefferson City, are ignoring the many of us who are inliocent
of any wrong-doing, and who are being found guilty of rule 113 violations
simply because we were moved into a cell where one was later found to be
hidden.
I, along with my celimate, Farid Brown have been Ad. - Seg since December 17,1999. Not one, but two razor blades were supposedly found in our cell.
A few days before this
"discovery", I had adverse words with a C.O. -1 Ronald Boyd, who also allegedly
found a blade along with another
·C.O~ -1 named Milan.
There is a Departmental Standard, D1-8.3, Truth verification testing, that is applicable to this situation, and
this administration refuses to honor any prisoner's request for this test, as this is a major violation. It also applies to employees, such as C~ 1 Boyd and CO-i Milidam.
The Dept. of Corrections has standard operational procedures, SOP 19-2.1, Investigations, was established for the handling of evidence and contraband in a legally acceptable manner. Yet, this SOP is not adhered to by the staff here in Potos, they have their own practices & procedures, and it has gone on for years.
The Dept. has institutional Standards, (I.S.) such as 158-1.3, access to inmate substitute counsel, which was violated in my original hearing, along with IS 19-1.4 Disciplinary hearings Major.
Throughout this entire episode, I have written Dora Schriro, Dir. DOC - Steve Long, Dist Dir; Michael B. Payne, tnternal Affairs Officer (chief) Lisa Jones, and Joseph Cassady, Constituent Services; Al Luebbers, Supt PCC; Pat Smith, Supt I PCC; Ian Wallace, FUMHU#3; Charles Swyer, ASDMPCC; and Hon. Rep. Charles Quincy Troupe.
Although I have received several replies from the staff here at PCC, nothing was, or is being done to seriously consider my situation.
I have recieved a letter from Mr. Joseph Cassady, and Charles Troupe. Mr. Cassady's reply concerned the
lengtb c'f time the razors may have been in the cell, something I never laid claim to, I have always insisted nothing was in the cell, my cellmate and I went over the entire cell, including the rails where these blades were supposedly found, several times. Mr. Troupe's letter was merely a copy of a letter to Dora Schriro, asking her to investigate this
I have wriflen all of these people several times, concerning the razors being "discovered" where they never were when we checked our cell, to the many violations of the standards that are supposed to be followed.
Sir, I am a Death Row Prisoner, I am presently at the later stages of my appeal in the Eight Circuit, I was a law clerk, requested to aid several inmates defend against the same ch~irge, and e~act same circumstances. I am not going to risk my life to have a razor blade in the oxact same spot where they have been "discovered" in numerous other cells, as a law-clerk, having access to the law library daily was the best position I could ask for, to try to do something to help save tny own life, I would not risk it for a razor blade.
Presently, I am assigned to Ad - Seq., and face nine months, to a year or more because of this. At this point in my appeal, I do not realistically have so much time to give, this situation is literally "killing" me, and this administration and staff know it. I am already on Death Row, fighting a
losing baffle, what perversion is it that would want to compound my misery, as it is being done to me here at Potosi Correctional Center?
I have spent almost $50 making copies of leffers and standards to support my claims, to send to these people, yet they are not honoring their own rules.
I have a complete copy of my correspondence from day one (almost), to the present, I would like to send you, all my letters out, standards , and replies back, so that you can bear witness to my tribulations, and somehow aid me in someway.
Michael Owsley Potosi
Correctional Center
My name is Michael Owsley, I am a 39
year old Moorish-American on Death Row in the State of Missouri. I have
been here at the Potosi Correctional Center since 1995 awaiting my demise
at the hands of the State. I don't have any outside support except for
my Mother, who is elderly, I have Family, but they are not too supportive,
'out of sight, out of mind' as the saying goes. I am interested in having
any number of pen-pals to communicate with, I am a social being, in that
I am still a Human Being no-matter my conditions, my interests include
Sports, Reading, esp. Science fiction, and Law. I don't
have a social life to mention, though I do try to stay with current affairs
through news shows of all types. I am divorced, and childless, I had
one child, she died of S.I.D.S. in 1980. I am basically a loner, but I welcome
sincere friendship, It is my hope that my current situation will not prevent
you from extending friendship to me, I will admit that I am alone, and afraid,
and I could use a friend, a true friend. I am not much of a talker,
but I can write what I usually can't get out of my mouth. (smile)
Please feel free to contact me if you
are inclined to, I am respectful, and acknowledge the privilege
it is for me to be able to communicate with anyone who allows me to touch
their life.
Peace, and Blessings to All
Michael Owsley CP-114 (5B-22)
Potosi Correctional Center
Rt. 2 Box 2222
Mineral Point, Missouri
63660 USA
Photos of Michael Owsley in his childhood - provided by Michael....
| Michael Owsley's Supreme Court Application |
| News About Michaels Execution |
BACKGROUND:
On January 13, 1995 Michael
Owsley received a death sentence for the 1993 murder of Elvin Iverson, a
drug dealer, during an attempt by Owsley and Marion Hamilton to get back
drug money from Iverson and Ellen Cole who had previously stolen the drug
money from Hamilton. Owsley is scheduled to be executed February 6,
2002 at Potosi Correctional Center.
MASK COMMENTARY
MASK condemns the heinous
senseless killing of Elvin Iverson. MASK also condemns the unnecessary
premeditated state-sanctioned murder of Michael Owsley by the state of Missouri
done in our names.
Michael Owsley, who suffers from a schizophrenic disorder, got ineffective assistance of trial counsel.
Michael Owsley was defended by an elderly and mentally confused court appointed attorney who pursued an intoxication defense, which had for some time been repealed by State Statute and not recognized by Missouri Law.
His trial attorney, a man whom Michael never got along with, had experts available to testify to Michael's mental defect (schizophrenia) but he never discussed with the experts or prepared the statutory defense of this mental defect and the role it played in Michael's diminished capacity to form the deliberation necessary for a first degree murder charge. Michael suffers from a psychological disorder about which the jury who sentenced him to death was never told.
Michael requested that
the judge appoint him a different attorney because his court appointed attorney
was physically ill, made racially insensitive remarks to him and his mother,
and was so mentally confused that in court pleadings, witness examination,
and argument to the jury, he kept confusing the facts of Michael's case with
a different capital case he was handling at
the time. Michael's repeated
requests that he be appointed new trial counsel were denied by the Judge.
Michael's counsel also failed to put on compelling mitigating evidence in the penalty phase of an extremely violent and abusive upbringing perpetrated on Michael by his violent alcoholic mother who never wanted Michael in the first place because she hated the father. Her many attempts to abort Michael failed. As a toddler Michael would find his Mothers liquor bottles and drink from them until unconscious. His violent mother would regularly beat him and Michael witnessed his mother's frequent violent attacks on her domestic partners as he was growing up.
Marion Hamilton, the instigator
of the robbery in this drug deal that went bad, resulting in a homicide,
received a 2nd degree murder charge and a 20 year sentence. Hamilton,
by his own admission in a sworn affidavit, says he took advantage of Michael
Owsley. According to Hamilton, Owsley was already intoxicated when
Hamilton met him at a bar and talked Owsley into going along to rob Iverson
and Cole. Owsley had no prior involvement in the Hamilton,
Iverson, Cole drug deal.
Hamilton states in his affidavit that he gave Owsley a shotgun and instructed
Owsley already in a drunken state bordering on unconsciousness to watch Iverson
while he questioned Ellen Cole. Owsley was totally impaired and had
no memory of events leading to Iverson's death.
The Circuit Court in Kansas City, MO, the very court that tried Michael, denied Michael any post-conviction appeals hearing of his conviction and sentence. The Missouri Supreme Court upheld the denial of the Circuit Court. Michael Owsley, who vigorously and often begged his trial judge to appoint a new attorney but was denied every time, has never had a chance to put into evidence on any appeal, State or Federal, the claim of ineffective assistance of counsel he received at trial. Prison physicians are currently giving Michael daily doses of Thorazine and other drugs to keep him mentally stable until his execution.
Millions of our tax dollars are wasted in seeking the death penalty, resources that could be much better spent on programs to prevent crime and to promote healing for survivors. We call on Governor Bob Holden to commute Owsley's death sentence to life in prison without any possibility of parole.
This alternative to executions in Missouri will break the cycle of violence, keep our loved ones safe, punish the offender, give the offender opportunity for conversion, and provide society as a whole with opportunity for healing and reconciliation.
Please write Governor Bob Holden. Tell him it isn't necessary to
kill Michael in our names and we must stop this "senseless act of premeditated
state sanctioned murder." Ask Governor Holden to commute Michael's death sentence
to life in prison.
CONTACT THE GOVERNOR:
Governor Bob Holden
Missouri State Capitol
201 West Capitol Rm. 216
Jefferson City, MO 65101
Tel. 1-573-751-3222
Fax 1-573-751-1495
Michael Owsley is scheduled to be executed by the state of Missouri on Feb.
6, Missouri's second date for 2002.
On the evening of April 18, 1993 Owsley was in the haze of drug abuse and
looking to find more when he viciously murdered Elvin Iverson. At trial,
Dr. Roswell Evans testified to the effects of PCP on Oswley, stating, "provoked
in any way, they can become incredibly violent." Moreover, Evans said
that under the influence of drugs and alcohol "Owsley had the capacity to
become violent and to do unplanned kinds of crimes."
In his dissent
for the 8th Circuit Court's ruling on Owsley's case, Judge Heaney noted,
"Owsley was unconstitutionally denied the right to introduce evidence of
his intoxication that would have tended to show that he did not have the
ability to deliberate, which is required in order to be convicted of first
degree murder." The rest of the court did not agree with Judge Heaney's analysis
of Missouri law, but it is common sense to believe that drug and alcohol
abuse contributes to the
culpability of an offender. While still guilty of murder, Owsley was not the
deliberate and calculated killer that first-degree murder requires.
From the evidence this clearly should not have been a death penalty case.
With at least one Missouri Supreme Court justice on his side, Michael Owsley has a valid claim to challenge his conviction. Please write to the state of Missouri and request that they allow all evidence to be heard.
Please Contact
Governor
Bob Holden
Missouri
Capital Building,
Rm.
216
P.O.
Box 720
Jefferson
City, MO 65102-0720
phone:
(573) 751-3222
fax:
(573) 751-1495
e-mail:
www.gov.state.mo.us/guest.htm
web:
www.gov.state.mo.us/
Board
of Pardons and Paroles
Attn:
Cranston Mitchell
1511
Christy Drive
Jefferson
City, MO 65101
phone:
(573) 751-8488
fax:
(573) 751-8501
Write Op-Ed to:
Jefferson
City News-Tribune
P.O.
Box 420
Jefferson
City, MO 65102
phone:
(573) 636-3131
fax:
(573) 761-0235
e-mail:
newstrib@mail.ultraweb.net
web:
www.newstribune.com
Kansas
City Star
1729
Grand Blvd
Kansas
City, MO 65102
phone:
(816) 234-4141
fax:
(816) 234-4923
web:
www.kcstar.com
St.
Louis Post-Dispatch
900
N. Tucker Blvd
St.
Louis, MO 63101
phone:
(314) 340-8222
fax:
(314) 340-3050
e-mail:
citydesk@pd.stinet.com
web:
www.postnet.com
For More Information:
Missourans
Against the Death Penalty
P.O.
Box 1022
Jefferson
City, MO 65102
contact:
Rita Linhardt
phone:
(573) 635-7239
fax:
(573) 635-7431
e-mail:
capitalmocatholic@aol.com
Eastern
Missouri Coalition to Abolish the Death Penalty
1408
South 10th Street
St.
Louis, MO 63104
contact:
Margaret Phillips
phone:
(314) 516-6864
e-mail:
mphillips@igc.org
ATTEND EXECUTION VIGILS:
ST. LOUIS
PRAYER
VIGIL
There
will be a prayer service for all victims of violence, for Elvin Iverson
and his family and Michael Owsley and his family, and the abolition of the
death penalty Tuesday February 5 at 7:30 p.m. at St.John the Apostle and
Evangelist Downtown. (Sponsored by MASK)
Directions:
Take Hwy 40 east, exit 20th and Chestnut exit, go straight on Chestnut,
turn left on 15th St., turn left on Pine St. and go two blocks to Church.
From Hwy 44 east, take Jefferson St. exit, turn left on Jefferson, turn right
on Market St., turn left at 15th St., turn left on Pine St., go
two
blocks to the Church.
Protest vigil: Municipal Courts Building, 1320 Market St. 8:30 p.m. Tuesday February 5, 2002 (Sponsored by EMCADP)
Potosi vigil: Outside Potosi Correctional Center 11:00 p.m. until execution is stayed or carried out. You may wish to car pool from Municipal Courts building.
Directions: Hwy 55 south to Festus/Crystal City, Hwy 67 west to Desloge, Hwy 8 west to Hwy "O" in Potosi, turn right and go a mile to Correctional Center. Or take Hwy 21 to Potosi, turn left on Hwy 8 and go about half-mile and turn left at Hwy "O" to Potosi Correctional Center.
OUTSTATE VIGILS FEBRUARY 5, 2002
Columbia:
5:00-6:00 pm, Tuesday, Boone Co. Courthouse; Columbia: 6:30 pm, St. Lukes
United Methodist Church, 204 E. Ash; Jefferson City: vigil, 11:00 pm until
12:01 am: High St. across from
Supreme
Court; Jefferson City: prayer service, 10:30 pm, St. Peter's Catholic Church;
Kansas
City: vigil, 4:30-5:30 pm, J.C. Nichols Fountain in the Plaza (sponsored
by Western Missouri Coalition to Abolish the Death Penalty); Kirksville:
vigil, 11:00 p.m., in front of Pickler Library, Truman State College campus;
Springfield:
7:00-7:30 pm, St. Agnes Cathedral, 533 S. Jefferson.
Missourians Against State Killing (MASK)
C/O Tom and Jeanette Block
PO Box 190466
St. Louis, MO 63119-6466
Tel. 314-962-4937
Email: tjblockmask@aol.com
| Michael Owsley's Supreme Court Application |
| News About Michaels Execution |
