PUBLIC NOTE FROM MICHAEL TONEY; September 2005 :

Hello All,

 

As always I hope and pray this email reaches all of you enjoying a beautiful day.

 

It’s hot again here in Texas.  It cooled some last week, but now it’s back in the 90^o to 100^o F range.  It’s hot again!  That’s Texas weather as usual.

 

I’ve been somewhat discouraged lately for more reasons than I can count.  The number one reason being the fact that my dear friend and private investigator, Tena Francis, has move to Las Vegas, Nevada.  She will still be able to work on the case, but not in the capacity we need her in right now.  The timing on some very important matters is critical and I’m not sure how we can handle them without Tena.  This worries me a lot.  Other problems I’m having relate to my own family, who are understandably pro-death penalty. I say, “understandably," because we have had loved ones murdered.  I respect their opinions as I do everyone else's, but I have caused them some pain recently.  I didn’t do it on purpose, but irregardless of intent, I hurt them.  Because of the pain I have caused them, I am ashamed and hurting myself.  And then there are the problems I’m having here with other inmates who are having a good time criticizing me by calling me a liar and the like.  They seem to think I have lied about being one of the people who was part of creating the “Shout Out Show” for the Polunski Unit on KDOL FM radio.  The show was created by a Youth Pastor by the name of John Wood and was the direct result of my correspondence with him.  John no longer has a show on the station.  It’s all a bunch of nonsense, but the timing of all of this is terrible, because much media attention will be brought to my case and my fight in November and some of the media intended to use the radio station “Shout Out Show” story as well as other positive things I have done to try to show me in a good light.  Now that the problems are happening, that won’t be possible.  I give full credit to the other man, who is claiming responsibility, even though he did absolutely nothing helpful.  I understand he is a weak-minded person with serious insecurities, so I’m sure he can use this to elevate his self-esteem.  I wish him all the luck in the world.

 

We are still working on the reward situation.  For those of you who don’t know this, we are raising the money to offer a 25,000 dollar reward for information about who really committed the crime that I have been wrongfully convicted of.  I know many Europeans don’t understand the offering of a reward for information, but it is the American way and in this case it is the only way.  The only way to save me from this nightmare is to find information regarding who actually committed the crime and why.  It isn’t possible to find any other information or evidence to exonerate me other than the evidence inculpating the guilty.  It’s not possible to find evidence to exculpate me when there is no physical evidence that inculpates me.  I have never been to the crime scene, didn’t hear about the crime until 1997, which was 12 + years after it happened and I’m in no way whatsoever connected to the crime or the victims.  Because of this, the only way to save my life and see me freed is to find out who did it.  Frankly, that’s what I want to happen irregardless of what happens to me.  Someone killed Joe Blount, his daughter Angela and Michael Columbus and even if I don’t deserve true justice, they do.  Their loved ones also deserve justice.  I have given them my word that I am going to use my every breath to find who did it and I mean it.  Without that information, I will be executed for a crime I am completely innocent of.

 

The reward will be offered by billboards by the side of major highways near the area where the crime occurred and by newspaper advertisement.  The media people I have corresponded with have said: “It is a big story, because it will be the first time a death sentenced man has done such a thing.  Why would anyone seek information, if they were guilty?”  We will also have to have a website dedicated specifically to the case and the reward and a toll free phone number for people who have information to call.  The primary problem right now is finding someone knowledgeable enough to answer the phone and take the information.  The information will have to be transmitted to Tena Francis and David Dow, so it can be investigated, which is yet another expense.  We can do this and we can do it in time.  All of this MUST be done by the first week of November to be effective.  So, as you can understand, I’m under tremendous stress right now.  I don’t know if we will have to hire another investigator here in Texas or what.

 

Also, about the “Shout Out Show” on KDOL.  The show is now on Friday and Sunday.  The Friday show starts at 4 PM Texas time and continues until 7 PM.   The Sunday show still starts at 2 PM until 7 PM.  I am more likely to hear your shout out, if you email for Friday or call in on Friday.  The reason is I am a football fan and I listen to the games on Sunday.  I haven’t been getting many shout outs anyway.  In fact I didn’t get any at all this week.  If any of you would like to send me an email shout out to be read over the air, send an email to kdolradio@hotmail.com or kdolradio@livingston.net and on the subject line write: “Shout Out for Michael Toney.”  Then write your email just like you are writing one to anyone and it will be read to me on the air, so I can hear it.  You can also request that music be played for me, not just on Friday or Sunday, but any day of the week by sending an email to the station.  You can also call in and talk to me live on the radio by calling (936) 328-8874 on the days and hours listed above.

 

I’d like to tell all of you about a young man here by the name of Sam Bustamonte.  I know most of you aren’t in a position to help him, but perhaps you can forward this email to someone who can.  I know I ask a lot of all of you, because I’m always telling you about men who need help, but unfortunately that’s the reality of this place.  Every man here is sentenced to death and most are fighting for their life.  The problem is there is very little we can do for ourselves and most of the men here don’t comprehend the law and aren’t able to express themselves in writing well enough to get help.  Sam Bustamonte is in that situation.  He needs help, but most people ignore his pleas for help.  I’d like to tell you his story or at least part of it and hopefully some of you can forward this email to others, who may be able and willing to help him.  It’s the typical problem.  Money!  It takes money to get justice in America and a lot of it.  It takes even more money to get justice in Texas.  I don’t believe it would take very much to save Sam’s life, but so far he hasn’t been able to garner any support at all and he is running out of time.  His case is now in the Federal Court, which is the next to the last stop before execution.  All I can do is tell his story, which he asked me to do and I will hope someone will read my words and help him.

 

The most difficult thing about writing Sam’s story is writing that he is a murderer.  It’s difficult for me, because of my own life’s experiences.  All of you know my girlfriend was raped and murdered as was my aunt, my father’s twin sister, and another family member.  All of their murderers have been sentenced to death and one has been executed.  Because of this, I often have a difficult time being sympathetic to murderers.  However as a Christian I know it is critical to my eternal well being to forgive and to have compassion for all humanity.  As a Christian, we cannot judge anyone.

 

The primary reason I would like to see Sam Bustamonte get some help is the fact that I believe he is a victim of a miscarriage of justice even though he is guilty of murder.  Murder does not carry a death sentence, but “capital murder” does.   Capital murder is when someone deliberately and intentionally kills more than one person in the same action, kills a police officer, fireman, a child under 8 or kills someone while committing another felony, such as rape, robbery, etc., etc.  Sam didn’t do any of these things to make this particular murder a capital murder, so he should not have been sentence to death.  He is LEGALLY innocent of CAPITAL MURDER, but is guilty of murder, which carries a sentence of anywhere from 5 years to 99 years, but not death.

 

Before I continue with this writing, I want everyone to know that I have Sam’s express permission to tell his story.  Some of what I’m going to write will be disconcerting, but it is all very typical of who is sentenced to death in Texas.   I am of the belief that even if Sam were guilty of capital murder there are sufficient mitigating circumstance to warrant life rather than death.  As I wrote before, Sam is a murderer.  He killed a man and after I tell you about his childhood, maybe you will understand why he became a murderer.  Before I tell you why he committed the murder that caused him to be wrongfully convicted of CAPITAL murder and sentenced to death, I’m going to tell you why he became the man he is.  We are all a product of our environment.  The environment I grew up in was anything but ideal, but Sam grew up in a hell created by his own parents, the very people who brought him into this world.

 

I’ll begin with what I perceive as the worst part of Sam’s childhood.  His father, a six-foot six-inch tall man, who weighted 365 pounds, constantly raped him.  His father was a giant of a man by any standards.  Man is probably the wrong word to use for a man doesn’t do the things Sam’s father did to him.  The word “Beast” is a more appropriate description.  Worse yet, as his father would brutally rape him, his mother would watch and tell him that it is what he deserves.  As a child and as a man, Sam was terrified of his own father.  These vicious people, his mother and father, brutalized him in many, many ways.  He was beat so often and so badly that he would often pass out, unconscious.  When he would awaken, he wouldn’t be able to walk.  In addition to the ritual beatings, they seemed to entertain themselves by trying to electrocute him.  His mother would set his clothing on fire while he was wearing them and would put his hand on the hot stove.  She tried to drown him and made him drink rubbing alcohol.  They made Sam stay in a locked room out of view of visitors and would tell the visitors that they had to keep him locked up, because he would “raid the refrigerator,” (eat the food) or run away.   I’m sure he was hungry after all the beatings and I’m certain he would have been justified to run away from home.  His home was hell and his own parents were devils and are to this day.  Actually, according to Sam, they weren’t devils, just devil worshippers.  Sam was also beat on the head a lot, which caused some damage, making him a “slow learner.”  Because he was a “slow learner,” his parents had another reason to torture him.  When he would bring home bad reports from his teachers regarding his poor grades, he was subject to brutal beatings.  Among the many injuries he sustained from these regular beatings include, his leg was broken three times, which is the reason he has an awkward walk now.  His hand was stomped on and broke and his “head was cracked four times.”  I could go into much more detail about all of this, but I don’t believe it is necessary, as I’m sure you get the point.  To this day his mother hates him and wants him to be executed.

 

Now that I’m thoroughly depressed, I will tell you what Sam did to end up on Texas death row and why.  Keep in mind that I’m not in any way condoning his behavior.  However, even though I don’t know him very well, I’ve been around him long enough to know without question that he has some serious psychological problems.  Some days he seems perfectly normal, but in a split second he can become a completely different person.  Considering his history, I think all of us can understand why he has psychological problems.  During his good moments, the man has a kind heart and sincerely cares about others, but during his emotional outbursts it is clear he has endured much emotional and physical suffering in his life.  I’m not comparing him to an animal, but I’ve seen the same thing in horses and dogs that have been beaten and otherwise terrorized.  They can be very warm, giving and wanting affection, but as soon as painful memories surface, a protective mechanism takes over and they become cold, defensive and sometimes violent.

 

Sam cannot and does not deny his history of criminal activity, which to me is an admirable quality.  I respect any man who accepts responsibility for his actions, even if I don’t relate to him as a person.

 

On January 19, 1998, three men took Sam out on the town to do what they often did.   This was Sam’s first time going to do this.  They would search for illegals (Mexican immigrants) who they would rob.  This is a common thing in Texas and other border states, because everyone knows that “illegals” cannot call the police, because they will be arrested and deported.  During the course of looking for an illegal alien to rob, they came across a man wanting a ride to his girlfriend’s house.  This man was wearing a cowboy hat, had on gold chains, a watch and a belt buckle and he had a mustache.  Which according to Sam is exactly how his own father dressed and looked.  Upon seeing this man jump into the back of the truck, Sam snapped into one of his defensive modes as if it really was his father.  In his mind I doubt he could discern whether it was his father or a stranger.  Keep in mind the abuse Sam suffered at the hands of his father.  To make a long story short, Sam, while in what can only be described as a psychotic rage, stabbed the man to death.  When the body was found lying in a ditch, he was still wearing the jewelry and had one hundred dollars in cash in his pocket.  He was clearly not robbed; therefore the crime was murder, not CAPITAL MURDER.  If he had been robbed and had Sam formed the specific intent to rob this particular man before he was murdered, it would be CAPITAL MURDER.  However, Sam did not intend to rob this man.  Had he intended to rob him, he would have.

 

You’re probably wondering why he was charged with and convicted of capital murder.  The answer is very simple and very typical of how things work in Texas.  The other three men, who were with Sam, did what the prosecution wanted them to do.  They testified that Sam intended to rob the man, but didn’t.  Why did they testify falsely?  Again, very simple.  None of them are sentenced to death or are even in prison.  They negotiated their way out by doing what the State requested of them.  They wanted Sam, because his history made him the most undesirable person of the four.  He is not guilty of CAPITAL Murder and should not be sentenced to death.

 

As in almost all death penalty cases in Texas, where lawyers are court appointed and paid a limited amount for their services, they do a disgraceful job in defending their client.  After all, that’s not difficult to understand as the lawyers loyalty is with the people who are paying them, the State.  Sam’s lawyers effectively aided the State in obtaining a death sentence.  The lawyers who have represented him on appeal haven’t been any better until now.  At this time he has a lawyer who has tried to help him by asking the court for the funds to hire an investigator, but the court has denied the request.  I have read letters from the lawyer, in which he informs Sam that he may be able to save his life if they only had an investigator to gather the evidence proving Sam had not intended to rob the man that was murdered.  It will cost approximately $5,000 to hire an investigator to save his life.  Is his life worth that much money?  It seems like a small amount for a life, but on the other hand he is an “undesirable murderer.”   At least that’s what the state of Texas believes.

 

Sam gets very little support from the outside.  In fact, he gets so little that he uses almost all the funds he gets to buy postage and typing ribbons to write letters asking people for help.

 

If any of you know anyone who may be interested in helping this young man whose entire life has been hell to stay alive or maybe just offer some other kind of support you can contact him by post at:

 

Sam Bustamante  #999380

3872 F.M. 350 South

Livingston, TX  77351

USA

 

For more information about Sam see:  www.justiceforsam.co.uk .  You can also email him at:  sam@justiceforsam.co.uk .

 

The information used to write this about Sam Bustamante came from official court documents and Sam himself.

 

I have written enough for today, so I will close this email.  I want all of you to know that I appreciate the love, friendship and support you give me.  More than anything, I appreciate your belief in me.  Thank you very, very much for everything.

 

PLEASE FORWARD THIS EMAIL TO ANYONE WHO MAY BE INTERESTED.

 

Peace and Love,

 

Michael Toney

3872 F.M. 350 South #314

Livingston, TX  77351

 

www.michaelaim.org 

Email:  innocentmanintx@yahoo.com