Since I’m off death row, i haven’t stopped fighting for my freedom. Lawyers told me that all doors are closed for me. Yet, I’ve never been willing to accept that. Talking with other inmates, read law books for hours at a time. Got frustrated and mad at times. Often, when I thought I went forward, I got knocked backward or a U-turn. It seemed like it that the lawyers were right that all doors are closed to me. Still, didn’t want to give up.
January 2008. Another guy and myself came up with a total different way of looking at my case. All these years it has been handling about criminal law. The lawyers who worked on my case are criminal lawyers as well. They don’t meddle with civil action. I found cases and laws which deal with civil action. Also those which dealt with indictments. After looking at my own indictment, I found out that it is a void indictment. There’s no essential element in it, while they need it in order for the indictment to stand. No lawyer has ever challenged my indictment in court.
In January 2008 I filed a motion to arrest of void judgment with an affidavit. The court accepted my motion and set a hearing date for March 13, 2008 to the challenge. I was over excited that I was given a hearing.
By coincidence my pen pal from Holland and her husband were coming from abroad to USA for a vacation in that period and visit me at the same time. I was very pleased about that too. I was thrilled that I could finally meet them and that they were even able to join the hearing together with my sister and two other friends (since 27 and 30 years), to support me. The two visiting days were really great and wonderful. I enjoyed it so much. I didn’t had a visit since more over than 2 years. It felt so good to get my mind out of prison for couple of hours these days.
Unfortunately my March 13th hearing didn’t take place, because the D.A. didn’t gave the prison notice to have me transferred to court. Everyone was very disappointed and so was I. The judge set a new court date for April 30th, 2008. My friends were not there this time. I was alone again, like I was 32,5 years ago. However, I do believe that I did well. The judge denied all of my motion though. That wasn’t a surprise, because a superior court cannot rule on matters of law. Only the state supreme court and federal courts can rule on matters of law.