I wish to express my appreciation for those of you who take the time to read my story. Anyone wishing to become involved, to get to know me better or help me through this injustice: I'm looking forward to hearing from you via daryl.wheatfall@hotmail.com or Polunsky #999020/Mr.Daryl Wheatfall/3872 FM 350 South/Livingston TX 77351/USA.
01-03-2009
Interview with a death row guard
INCAGED conducts an interview with an anonymous death row guard we'll identify as Mr/Ms Anonymous, interviewed on March 10, 2007 surrounding the circumstances which caused death row inmate Ryan Dickson to spear correctional officer Larry Stane in the face. I believe this is an interview you'll find insightful.
Thank you, Mr/Ms Anonymous, for agreeing to share your opinion and views with INCAGED readers. OK, so after reading my article "They'll never change", which shares the details why Ryan Dickson speared a guard in the face - what were your thoughts about this? A - First, it's I who would like to thank you for allowing me to share my views and opinions on this subject. I found "They'll never change" very interesting. Some of what was written I agree with. The rest I think is just propaganda. You made Dickson sound like a little angel. But if that's what truly happened, I blame the ranking supervisor for a problem. A shaving case could have been informally resolved if Dickson was willing to shave. I wish you would have printed the name of the guard and sergeant involved. Q - Sorry. Dickson didn't mention their names. I'll agree with you, a shaving case should have been informally resolved by the sergeant. Can you tell me, after hearing about this incident, how did it make you feel? A - At first, I felt angry! One of my fellow co-workers, another guard got speared in the face! This could have been me - I was mad. Afterward, after having time to think, the thinking man took over, I began to wonder about who all was involved, what caused this incident, then I began to wonder about everything that goes on inside this building. So, I held my opinion until I found out more. Q - So please tell my readers what you heard, did you believe what you found out? A - Half of it. Yes. The rumor mill was flying everywhere. Some were saying the incident happened because Dickson was expecting a date to be executed, and he was mad. Others said someone else paid him to do it. I'm not sure about anything I heard, I heard all kind of stuff. Q - I guess, it could be said that to get back, retaliation against a guard, would be a good motive once someone receives a date to be murdered. If this was so it would happen all the time. Did you know any of this before it happened? A - No, I didn't have any knowledge about this before the incident. Q - With many years of experience, would you say all guards conduct themselves professionally? A - No. Most guards are too young. They don't have enough life experience, nor training to be working inside a prison environment. They should be properly supervised before given full authority over death row prisoners. I'm not saying all guards are inexperienced, under-trained and unprofessional. All do not fall into this category. I work with many who conduct themselves professionally, myself included we do our jobs by the letter. Here's an example: you or someone else piss me off and I'm still going to feed you. You just won't get your chance to shower. No, wait, don't write that down! Q - OK, I hope I don' piss you off, it's real considerate that you're going to feed me. No, seriously, will you share your opinion on the majority of death row prisoners' attitudes towards you, guards? A - I myself receive respect from most prisoners. This has a lot to do with experience and the professional manner how I treat all prisoners the same. There are some I have to treat them on the same level that they act. But most just want to be respected and allowed to do their time, deal with their situation they're facing. I'm able to say things to most prisoners, prisoners who wouldn't accept the same thing from an inexperienced guard. Some guards don't possess a professional attitude to do this job. I've learned over the years that most death row prisoners normally give back the same attitude they're receiving. Q - Can you give the readers a better understanding - is there a large number of death row prisoners who're violently aggressive towards guards? A - No, there isn't a large number. Death row prisoners have way too many problems and other matters on their minds. There are disagreements and confrontations, which are properly addressed. There are major uses of forces, prisoners are gassed; but most death row prisoners try focusing on what's goin on in their lives. Q - I see. I guess this explains why there's a large number of death row prisoners living on level 1 pods. There're close to 400 death row prisoners and there're less than 35 prisoners on level 2 and under 5 on level 3. OK, can you tell me, have you witnessed many attacks on death row? A - Yes, some guards have been spit on, feces and urine or whatever thrown on them, speared, cut. Yet, in the past few years these incidents have gone down. In my opinion, here's why some of these events happen: On the Job Training: during training young guards are shown films on disruptive prisoners. They're told what to expect and how they should handle themselves around these kind of prisoners. Stories of the past are shared on how it used to be, many take these stories and come in with a fixed perception. They're just looking for the worst, yet most death row priosners are concerned about getting off death row; the biggest sound you hear is a typewriter going, a radio playing or inmates playing a game of chess over the runway. Q - Interesting. Do you feel that most guards are fair? A - Yes. Q - Have you witnessed guards being unfair? A - Yes. I've seen it both ways. In some cases when an inmate allows his hair to grow too long, most guards don't harass 'em about it. Or when there're pictures on the wall that the inmate knows he's not supposed to have on the walls; in some cases a professional degree is given. In Dickson's case, if he was willing to shave, the sergeant shouldn't have allowed that case to go through, in my opinion. Q - In your opinion, are death row prisoners aggressive? A - No. 96% isn't. 4% are aggressive. Q - Can you tell us: why are guards speared and thrown on? A - There are many circumstances which create confrontation. (1) Some guards are under-trained, lacking professionalism brings his/her problems to work. (2) An immature prisoner may be unable to deal with a mental disorder. (3) The rumor mill fills some guards' head with misinformation. (4) Young inexperienced guards are not properly supervised. As I said, there are many reasons that create confrontation; but it goes both ways. Q - OK. Please tell us, are ranking officials fair, do they do their jobs correctly? A - No. Q - Do ranking officers deliberately support their guards more so than being impartial when addressing prisoners'problems? A - Yes. Q - Do ranking officials lie? A - I won't say No, but I won't say Yes. There's the potential that it could be happening. Ranking officers are held accountable by unit administration. Q - How? A - Their ranking status and job is threatened. Q - I see, it sounds like the decisions made are made on how that person feels at that moment. Can you tell me, do you feel the living condition and treatment are fair for death row prisoners? A - For most part yes. I feel some punishments should be harder. If I were in your guys'position, I would expect it to be a lot harder on me. This isn't pre-K, you guys are in here to be punished. As long as your punishment is fair and impartial, I have no problem with it. I've seen what conditions are like in Iraq and Mexico prisons, you guys have it made. Q - Do you feel that the conditions play a role in the mental deterioration of prisoners? A - Yes. Being deprived of not being able to witness what's going on in the world, not being able to watch TV, this creates free time, prisoners have nothing to do inside their cell. I feel we should sell TVs out this unit commissary. Q - The attack on Officer Larry Stane, do you think it would have happened under better conditions? A - No. Q - Why do you say this? A - If you keep someone inside a box with nothing to do, this person only has time to pay attention to what's in front of him: his conditions, his loneliness, anger, and his many other problems with what's going wrong in his life. Give this individual a release valve, something to occupy this prisoner's mind, like in-cell craft, a TV, anything that would distract this prisoner from reflecting on all he loses, his suffering, as he paces the floor, all of this would be placed in the back of his mind. He would also know, if he's disruptive he would lose his TV privilege. When a prisoner is able to escape his suffering by going into another world, this is a place that the prisoner protects. Thank you, Mr/Ms Anonymous, you have been very insightful. Your views and opinions gives INCAGED readers a better idea of death row and its atmosphere, what it's like working inside a control environment.
INCAGED focuses on what the appeals court is deciding, whether lower courts are complying with its previous ruling on the faulty jury instruction where juries decide if death sentences are based on future danger.
The question is: Does a life sentence mean a person convicted of capital punishment will be a future danger to society and those around him? This is the concept injected into the minds of members of a jury asked to decide if convicted individuals of capital murder will be a danger in the future. Yet Lower Courts aren't complying with the law, this is the real danger. What happens when the rules aren't being followed by judges, prosecutors, prison administrators and guards who abuse and neglect their authority and positions? Abuse that creates negative reactions within those under their authority, yet they're responsible for causing the negative situation by abusing their authority. Does this present a future danger to society and those convicted of capital murder? Please consider this as INCAGED reveals what took place on December 1, 2006.
Death row prisoner Ryan Dickson got fed up with being victimized by guards who don't carry out the rules correctly. "I'm sick and tired of being made to endure neglectful treatment by these guards who only use the rules to punish, hold us prisoners down", Dickson stated. Neglect of the rules caused Dickson to take action where a guard would be injured. Disciplinary case 20070097893 states on the date and time 12/01/06 7:59 at 12 building E pod cell 69 offender Dickson, Ryan 999250 did assault Officer Stane, Larry Co III with namely an unknown homemade weapon by shooting it through the wire mesh on his door. The assault resulted in injuries that required treatment beyond first aid.
What kind of treatment is needed on victims of a psychological assault, it's how the attack comes when a victim of those who abuse and neglect their authority, yet to so many this attack isn't viewed as a violent act.
Speaking for INCAGED and the DRIVE Movement - Dickson's violent act isn't encouraged, promoted nor condoned with our efforts to raise awareness and involvement to create change. Educating society while generating improvements surrounding prisoners' treatment and conditions is what our efforts and goals are all about. With outside help and support we believe as a whole our efforts will one day abolish the death penalty through positive efforts - not violent.
However, we haven't forgotten the violence of the past, what took place in the struggle fighting to create better treatment and conditions for the poor black people during segregation. Demonstrators exercising a non-violent protest were confronted by violence from the police, using their authority to cause destruction, to discourage and prevent change from taking place. Death row prisoners are up against these identical forces. I wish for you to see the mentality of these forces, which will explainwhat would push a man to stop caring and take action against these forces.
Police commissioner Eugene (Bull) Conner commanded police and firemen to use high pressure hoses and K-9 police dogs to drive demonstrators back. Legal reinforcements were provided by a local judge who issued a sweeping injunction barring protest marches. Almost a thousand blacks were either in jail or out on bond. Men who stared into the face of violence, fighting for equality, were labeled as criminals - while every violent act committed against these men was supported legally. Meaning the violence committed by the police wasn't considered wrong.
On May 3, 1963 Martin Luther King Jr., in a peaceful demonstration against segregation in Birmingham, Alabama, decided to take a calculated risk by committing thousands of children on the front line facing an angry white mob of firemen and policemen who inflicted them with their violent acts. These children endured nightsticks, police dogs and high-powered water hoses that could strip the bark off trees. How can the mentality of those who have generated this kind of violence be forgotten?
This concept lives within many of those in charge within Polunsky Unit, where the guards control its everyday operations: it's masked but it's the same mentality of the police who committed violent acts upon innocent men, women and children. You be the jury, who's a future danger to society - the individual abusing the authoity to provoke a situation or the individual reacting to this antagonizer?
Will this system ever change, will they stop thier killing by abolishing the death penalty? Please consider all of this as I share the circumstances with what took place on December 1, 2006.
Dickson explained that he was within weeks of the required 90 days of good behavior without a disciplinary case. On the day in question he was asked to shave. Yet, while in the shower the guard wasn't able to provide him with a razor. Stating that all the razors had been mixed together inside the bucket used to carry the razors around. The guard was unable to tell one razor from another. After Michael Johnson committed suicide October 19, 2006, unit administration installed a so-called 'fool proof' way to issue out razors to all level 2 and 3 prisoners who aren't able to keep razors inside their cages. Razors are issued out by request or when ordered, but we're only allowed to have a razor while in the shower. The old system they used to use: all razors were kept on a board inside the picket; this always caused confusion. Razors would come up missing or another prisoner would be given the razor used by another prisoner. The new sysytem being used now: razors are placed in a bucket with 84 holes all the way around the side. a number over each hole identifying the cage the razor belongs to.
Now guards are instructed to walk around with this bucket as prisoners are being placed into the shower, those needing to shave are given a razor, when we are being removed, the razor is returned and placed back under its number in the side of the bucket. Like all other rules, the guards don't follow them. This new 'fool proof' system lasted only a week and a half, the guards don't like walking around with this bucket. One guard said he feels like a girl picking flowers, so when someone asks for their razor, the guards are so focused on putting prisoners in and pulling them out of the shower, we're always told: "I'll get your razor to you later". Which sometimes never happens.
In Dickson's case he was told all the razors had spilled over causing them to mix all together, preventing the guard from telling one razor from another. Leaving Dickson without a razor to shave with, unaware of these circumstances another guard was ordered to write a case on Dickson for failing to groom. Dickson explained he wasn't given a razor and the guard knew level 2 status prisoners aren't allowed to keep razors inside their cages. "OK, I understand your situation, I'll take care of this", the guard stated, meaning he would personally explain the confusion, cleaning up the situation. However, neglectfully the guard never explained the mix-up - he simply lied. Causing Dickson to be falsely written up for refusing to groom, though Dickson never had a razor to groom. Dickson was placed in a situation out of his control due to the rule not allowing prisoners on level 2 and 3 to have razors, as well the unprofessionalism of the guard neglecting to give him a razor as well explaining to the sergeant why Dickson was unable to groom. The sergeant informed Dickson he had received a case for not grooming, what was his statement on the case? Dickson explained what had happened yet the sergeant only stated: "I've to go by what's written on the case". No matter what causes the situation, ranking officials don't care about the truth, no matter what. One would still question: is this enough reason for Dickson to justify spearing a man in the face? This incident was only one of many injustices that were allowed to build up into one big snowball; receiving the case only set the snowball into motion, where it rolled out of control.
For society a person who's on death row, on a low level within the prison system, this describes that individual as a bad person, who's a trouble maker. This is the only way a prisoner who has speared a man in the face will bes een by society. Yet the circumstances which caused the incident won't be acknowledged; something had to happen to cause Dickson to strike out. Yet in most cases this is never considered. This is what jurors in capital cases aren't considering when asked to decide if a death sentence should be imposed because they believe the defendant will probably commit more violent acts in the future.
Jurors are being asked to make a prediction, just as you would create an opinion on Dickson after hearing that he speared a guard in the face. You would quickly believe this man is a future danger. No one knows the future, if you're a juror isn't it best to know what created the situation which drove Dickson to strike out; isn't this an important fact? Isn't it necessary to identify who is reponsible for igniting the situation? Dickson wanted to shave, and due to the rules, unprofessionalism and mismanagement he was unable to do so. Here's a man who's trying to get his level 1 status only to receive a disciplinary case he feels is injustice. This is like setting a house on fire and taking Dickson to jail for it. Could this explain what caused Dickson to disregard trying for level 1 status and take action, knowing he's throwing all away he wanted?
To fill a man with energy of dismay, anger and disappointment, no doubt this is what drove Michael Johnson to take his own life. This energy caused a man to lose all sense of hope, having no faith within the judicial and penal system. The message Michael Johnson left on the wall in his own blood saying "I didn't do it" is a clear sign reveling a man who gave up just as Dickson gave in to his anger and gave up caring about what happens to him.
Again and again, incident after incident, the penal and judicial system continue to reveal it's broken. Here in Texas juries are asked to decide the fate of individual convicted of capital murder by relying on expert testimony. It's exactly how society relies on trusted officials like judges, prosecutors, prison administrators and guards to report the truth to society. These individuals and experts are sitting in trusted positions, yet these people don't always speak and reveal the truth.
Here are two situations where expert testimony was used to send men to prison to be sentenced to death; their testimony was nothing more than an opinion.
In the first case, in 1986, Dr. Edward Gripon, a psychiatrist, testified that David Harris, then 25 years old, convicted of murder, posed a substantial risk of further violent acts. Yet Dr. Gripon had never examined nor met Mr. Harris! His opinion was solely based upon the conclusion of the prosecutor's description of the defendant's past conduct. Mr. Harris was 43 years old when he was executed June 30, 2004. His lawyer would submit a petition to a state appeals court saying "Dr. Gripon's prediction 18 years ago has turned out to be wrong. Mr. Harris's years in prison have been marred by only minor infractions, like having too many postage stamps or hanging a clothes line up in his cell". (Reported by Adam Ziptots for The New York Times)
In the second case, the headline reads: "How many death row inmates are guilty? Don't ask police chemist Joyce Gilchrist in Oklahoma City".Joyce Gilchrist stated hair and semen samples found in victims matched those of Pierce. The FBI became involved due to the false conviction of Jeffrey Pierce, who was found guilty of rape in 1986. Although the victim initially told officers that Pierce was not the rapist! An Appellate Court later found Gilchrist had violated a court order by failing to forward the hair and semen evidence. But affirmed Pierce's conviction nevertheless, describing Gilchrist's violation as a harmless error. Ultimately DNA testing proved conclusively that there was no match between the evidence found in the apartment and the accused. After serving 15 yers in a violent prison, Pierce was released in May 2001.
'Harmless error' is the talismanic phrase frequently invoked by appellate courts at the behest of prosecutors, to maintain questionable convictions it is applied more frequently as the fear of the political repercussions of freeing convicted rapists, murderers and drug dealers grows in appellate courts. Gilchrist's court testemonies may have sent 11 people to their death, 12 others remain on death row. Gilchrist is certainly a villain but she is not alone with what was allowed to take place. (This story was reported by Alan M. Dershowitz)
These two reports reveal how people - some innocent people - are being thrown into prison under manipulation of the facts, which are seen by the courts as harmless errors or erroneous predictions stating a person will be a future danger. Under these circumstances, how can anyone be seen as a future danger? If the judicial system is broken, then surely the penal system is in far worse conditions. In Dickson's case maybe the pressure of enduring injustice after injustice was just too heavy for him to continue to carry, which caused him more than frustration while dealing with the reality of living inside a cage waiting to be murdered by the state of Texas.
This may be difficult for some of you to understand, viewing Dickson's situation for the outside looking in, totally unaware what takes place on this side of the wall. No one knows what made Dickson take action, yet if we consider all of the circumstances, a violation of the rules and unprofessionalism cannot be described as harmless - these facts share some responsibilities with what happened. Does society care about these facts, with what caused a man who's following the rules because he's trying to be placed on a level 1 status, to simply stop caring about this and just strike out? Against a guard? When Society hears about the details of a guard getting attacked by a prisoner, it will be received the same way a jury accepted erroneous testimonies from experts like Joyce Gilchrist and Dr. Edward Gripon.
This is what society and juries are relying on, yet case after case states it's a fact these professional experts don't always speak the truth.
David Harris was executed; yet 18 years in prison reveals he wasn't a future danger to those working within the penal system. Karla Faye Tucker is only another example, showing the world that change is able to take place behind prison walls. Irregardless of the changes Karla Faye Made, she would be killed anyway, her death points out death row isn't about rehabilitation - what is there a death row prisoner has to care about? This is why INCAGED and the DRIVE Movement - along with many human rights groups like CEDP, ISO, TAMADP, just to name a few - are fighting to create hope, direction and change in attitudes, treatments and conditions. Help us make a difference, because to do nothing is only to allow acts committed by Dickson to continue to escalate into an eruption where only the act is seen as future danger, not what caused the eruption. When nothing is done, THEY'LL NEVER CHANGE!
(This article was first shared with the public in January 2007)
To those who have logged in and have enjoyed my introduction, I wish to give thanks to you all. I begin this update by acknowledging Barack Obama; the first African-American to be inaugurated as President of the US. Millions headed to the nation's capital to witness the event take place. The inauguration is a day people around the world will look upon as a day of change. I'm excited about this. I'm stepping into 2009 with a changed attitude, looking at 2009 as a year of change. Thinking positive as I continue to try to overcome this adversary in my life & become a free man again. "What is it that I have to look forward to?" Thinking positive, I'm thankful to have this platform. Able to share my thoughts, opinions & educate those of you interested in understanding prison life, as well as the death penalty & judicial system. You'll read events & details surrounding my life dealing with prison officials & my legal battles. These descriptions will provide you with insight with a struggle with the death penalty.
To update you: on October 27, 2008 several prisoners were downgraded from level 1 to 2 for damaged mattresses discovered during lockdown. For those of you unaware: level 1, 2, 3 is a system unit officials use as a behavioral method. Nonetheless, the only thing wrong with my mattress: it happened to be new. No holes nor anything else to suggest the mattress was damaged. Discovered during x-ray another mattress liner inside. Nonetheless, myself & other inmates were given disciplinary case & found guilty. In my case, the charging officer did not witness me destroy any mattress nor did he know the condition of the mattress when it was given to me - or able to explain where I would get an extra mattress to put inside the one I had. When I asked the charging officer these questions, he had no explanation. Inside Kangaroo Court all it takes is the word of a guard to make me guilty. It's been a year and a half since my last disciplinary case. Thinking positive!
I assisted another prisoner in writing a grievance. The charging officer claimed he searched through the mattress of this prisoner & discovered contraband at 5:20 p.m. The only problem with this: the section this prisoner lived on, wasn't pulled out & searched until 8:20p.m. that night. This was 3 hours after this guard claimed to have searched this prisoner's mattress! When this was pointed out during Kangaroo Court, the disciplinary hearing was reset, 29 days later the case was dropped to a miner. He was found guilty, given 30 days commissary restriction. How can this prisoner be found guilty when it's clear this guard did not know what he was talking about? We won the appeal. Yet, this prisoner ended up doing 60 days on level 2 & 21 days of commissary restriction, all because a guard said he found contraband inside his mattress. After winning his appeal, this prisoner was given back his level 1. In my case, my appeal was extended, I received a notice of extension from the grievance department stating that more time was needed to make a decision.
In 47 days I will have completed the 90 days' punishment. Surely I'll win my appeal, even though I will have been punished for something I did not do. Deja vu, I've already experienced something like this many times. I've heard unit commissary won't be selling any radios for 6 months! My typewriter & radio is something I'll be forced to replace. To any prisoner a radio is a source of news & escape to the outside world. Mine was taken due to one prisoner exposing prison officials a dirty little secret: "their guards bring in cell phones...", something they wanted kept out of the public eye. This reality was justification for prison officials to embellish erroneous ass disciplinary cases, confiscating property as a form of retaliation, using prison rules to justify their actions. This cruel reality can generate many syndromes, mental illnesses & other disfunctions. 19 years & counting I suffer psychologically when I'm forced to endure an injustice behind these walls. However these 19 years have taught me when to engage into battle, I'm trying to win the war. I need a strong mind to do this, I'm thankful not to have lost my mind.
For Andre Thomas a.k.a. Squirrel, as known to those of us on death row, the syndromes suffered behind these walls caused him to pull out his eye & eat it! On December 9, 2008 guards discovered Squirrrel's face covered with blood. He was taken to unit infirmary, where they discovered Squirrel had eaten his eye... This is a serious illness that should never have been allowed to go untreated. I feel so blessed not to have fallen to this level where my mind disengaged from reality. Yet, I witness the disfunctional inmates daily. There's one who spits on the guards! They've written him disciplinary cases, moved him, refused to feed him. He continues. There're those who're extremely paranoid, refusing to eat & those who cover themselves in their own feces. This is the world that I witness daily. This is only a small amount of what I'll share with you from this platform. A doorway which allows us to make a coonection & an escape for me from this cage I exist in. I'm blessed to have a few who believe in me, justice, equality, fairness & my innocence. Sharing their time & resources to provide a mental sunshine impowering me & hope of correcting this injustice - liberating me from this cage...
I'm sharing this summary of facts, providing you with a description of the injustice which placed me on death row. Since 1996 my habeas writ has been filed. Yet the prosecution has not responded. Why? Tactics used by professionals to allow years to pass, records to become lost, witnesses to pass away. My case is filled with strong errors. Batson v. Kentucky, Brady v. Maryland: the first case points out how the prosecutor deliberately withheld black prospective jurors, the second case points out how the prosecutor withheld information.
John Paynton, Director-Counsel & President of the NAACP Legal Defense & Educational Fund said: "No criminal conviction - and certainly no death sentence - that is achieved through the intentional exclusion of African Americans and other minorities can be allowed to stand. Allowing discrimination to infect the criminal justice system flouts the rights to equal protection under law and a fair trial." Go to www.austinchronicle.com for this story of Rodney Reed. In this case the prosecutor deliberately withheld important information that the jury never heard. This is what Brady v. Maryland is all about...The US Supreme Court has reversed several cases on these facts. Facts within my case that are being ignored by my court appointed attorneys. Facts that must be argued inside a cort of law if I'm ever to be free of this cage.
We seek your help! We seek your support! How?
Here's our main objective: 1. To establish a functioning team, everyone working together to promote the injustice and mistreatment I've suffered behind these walls and within the legal system who's sitting on my state appeal. Share our efforts on what we are trying to do as a team to generate funds to help pay for material used/needed to promote the struggles to pay for attorneys, investigators and advertisement necessary. Present the circumstance of my situation, how the prosecutors manipulated facts to place me on death row. 2. Generate attention from colleges, newspapers, magazine companies, human rights organizations, book stores, churches, printing businesses and all useful websites capable of spreading our information/material helping build support and attention. 3. Educating the people about Daryl Wheatfall, his history and development since being incarcerated, explaining the creation of "InCaged" and "Cage Souls": it's very important that people understand how I came to death row, all the things that have taken place while being on death row. Explain how I've fought to improve my academic level, my situation inside the cortroom while struggling to maintain my sanity as I fight to deal with the daily adversity. 4. Encouragement is desperately the main focal point. Encouraging big and small businesses to get involved and stand behind an innocent man by promoting "InCaged" and "Cage Souls" to help generate more support while taking pressure off those standing together in support of our efforts to free Daryl from his cage. 5. Establishing an "InCaged" Committee: individuals all willing to come together organizing as a team working to promote these objectives; becoming the foundation of "InCaged". 6. Guide the people to all websites presenting information about my situatio, anything explaining how the people can become involved. Become a support system now!
Over the years I've created an editorial named "InCaged". It's designed to inform society of ongoing & developing events unknown to you. Our blog will be used to share news about our projects we were forced to place on hold; our post & greeting cards, T-shirts, book & InCaged newsletters were placed on hold due to many obstacles disrupting our development. All projects were designed to financially fuel our campaign. Photos of our projects and a previous InCaged newsletter will follow. We would like for you to share your views & opinions after reading InCaged. If you're interested in reading more or assisting in helping us reach our main objective, please let us know. Use our e-mail to contact us - we're looking forward to hearing from you. Contact us now! We need your help!
On December 13, 1990, around 11:15pm, Mr. and Ms.Fitzgerald were found dead in their home. Mr.Fitzgerald was found lying on the floor, Ms.Fitzgerald was sitting in a recliner. Both had gunshot wounds in the head and were killed between 10 and 11pm. The victim's son, James Jr., had been shot too, but escaped from the house before his parents got killed and called the police. He recovered from his injuries. Mack Henry Terrell was arrested first on December 15. He showed the police where to find the murder weapons and supposedly implicated me. I was arrested later that day.
This is my version of what occurred on the night of December 13, 1990: Terrell knocked at my door between 10:30 and 10:45pm asking for a place to stay. He had stayed at my place the night before as well so I told him he could stay. The last time I saw Terrell was around 6pm that same evening. He told me he had just killed two people in a robbery over money and drugs and he was concerned about the victims' son, whom he had shot as well, but managed to get away. He stated that a crack head woman told him that during intercourse with Mr.Fitzgerald, he told her that he held large amounts of drugs for a drug dealer. This woman asked Terrell to go with her to rob Mr.Fitzgerald, but Terrell refused. Instead he went with a street associate he ran into whose name was Mark. After dividing the money and dope, Terrell came straight to my house asking for a place to stay. I found it hard to believe as he didn't have any money or dope on him. One hour later Terrell and I went to the crime scene. As we walked down Crestridge Street, I saw Rayfield Ben sitting in a driveway. From the corner of Southford Street, I saw a lot of activity was going on in and around the house of the Fitzgeralds. There were police cars and a white investigation van. Confirming all that Terrell had told me as we walked back to my home, we walked past a woman on the opposite side of the street. Virginia Roberts and her son were walking their dog that was very spirited and playful. The dog carelessly ran near us. Ms.Robertson said: "Don't worry, he won't bite". Terrell, frightened by the dog, pulled out his pistol, stating angrily "You damn right he won't fuck with me". When we turned around the corner, out of Ms.Roberton's view, Terrell stopped, going to the side of the road and began searching for something hidden inside the grass. He removed a large bag> Back at my home, I discovered the bag contained drugs, money and a .22-caliber weapon. I made it clear to Terrell that if he wanted to stay for the night he should get rid of the weapons. Terrell agreed to sell them and asked me if I knew someone who would be interested. We went out to sell the pistols. Terrell sold the .22-caliber to two guys, sitting in a truck that he knew. While he went in the house, I remained outside. Later he sold the .32 in front of a drug house. When Terrell was arrested, he confessed that he had loaned fifty dollars to Fitzgerald to pay for a prostitute, claiming he met this woman along with Fitzgerald at my house. Terrell stated that Fitzgerald promised to return the money once he got home. Terrell stated he walked Fitzgerald home around 10pm, waited outside the house for 20 minutes for Fitzgerald to return with his money, but he never did. So he knocked on the door and Terrell was told by the son that his father wasn't home. Then Terrell claimed he returned to my house and that it was me who encouraged him to go back to get his money. Briefly, what appears to have happened at the Fitzgeralds: Terrell knocked at the door around 10:20pm. The son opened the door. There was a conversation and Terrell went away again. After some time he returned with another guy, knocked at the door again, showed his pistol at the son and asked to see his dad. They went into the house. James called his father, who was sleeping. His mother appeared as well. She had a gun. In one way or another Terrell managed to get the gun away from her. So he had two guns at that time. The five of them went to the dinig/living room and sat around the table to discuss the money issue. At some time James Jr. got up to get money in the room of his parents while Terrell stayed in the living room with the parents. Once inside the bedroom a struggle started between James Jr. and Terrell. Junior got shot and tried to get out of the house. Terrell chased him through the hall and to the front door while shooting at him. Junior managed to get away as it was dark outside, in front of the house. By not moving Terrell couldn't see him anymore. So Terrell went back in the house and Junior started to run to the end of the street to get help. The police found the Fitzgeralds dead inside the living room and the house had been searched. The offenders were obviously looking for something.
I'm a prisoner who's sitting on death row, because I've been convicted of murder. This means, my word doesn't count for anything & explains why state officials are doing all that they can to make my life a living hell. Until we get an attorney who stands up for our rights - time will continue to be wasted. I am mad. I'm mad because so much is expected of me, under extreme distress, abuse & pressure. I'm the guy who's been shot! I lay on the ground of death row, waiting for help as my blood of life covers the ground as years continue to pass by. Yet, I'm expected to be understanding & rational. How can I be rational? These people have taken my typewriter, radio, books - placed me on level 2 over a mattress that was given to me in that condition. An emotional distraction. My mail has been delayed, destroyed & every time I mail a letter to someone new who is interested in getting to know me - they never get the letter! All of my projects I've placed on hold? Why? There's no one else to help me. The whole prison was on lockdown and the presence of smuggled cell phones on death row has shocked many. Why did they take my typewriter? They took a lot of typewriters from other prisoners. Once these people get an idea, they use the same thing out on every prisoner. You see, some of the prisoners who had cell phones, used their typewriter as chargers. I don't know why they took mine. This just reveals these people can do whatever they wish to do. It's their word against that of a prisoner. This is why I need a lawyer, because I paid for my typewriter. They had no reason to take it. These people want prisoners to pay for embarrassing them. By taking the property is one way of getting pay back. This is what this is all about. When I went to disciplinary court, I proved that the charging officer did not know what he was talking about. But I was found guilty anyway. Yes, I wrote a grievance, I'm still waiting on an answer...
A big "hello" to all who're reading this blog, designed to provide a doorway allowing you to enter into my nightmare - my daily situation, struggles thoughts & feelings - as you step over into my world. To learn about my situation & hopes of generating interest as well as your assistance.
My name is DARYL WHEATFALL. For 18 years & counting, I've been confined to death row for a crime I did not commit. This is a song many prisoners are singing, a top 10 hit many of you know by heart, yet most of you haven't experienced - innocent until proven guilty. Under many of the state's judicial systems, it's always guilty until proven innocent! Under these conditions, an under-educated man, no family support facing the death sentence is always found guilty. This is something I'm still trying to come to grips with. Life on death row is one learning experience after another. I struggle to cope with each episode of drama which affects my life, while doing all I can to find the help I need.
I've witnessed corrupt guards & administration officials use, intimidate & influence inmates under their authority. As I prepare this commentary, all prison units are on lockdown, due to guards' corruption by selling cell phones to prisoners. 'Lockdown' means all inmates are confined to our cages. Corruption isn't the only problem. I've observed gang fights & stabbings. Also a victim, where I was attacked & stabbed by two gang members, coming very close to losing my life. Another victim wasn't so lucky, an incident that is painted upon the walls of my mind.
It was a brutal attack by a giant of a man, Jermarr Arnold. Arnold killed prisoner Maurice Andrew on the rec yard, as 10 to 12 guards stood by doing nothing, watching a man die through windows. Repeatedly Arnold stabbed a dead body, assaulting Maurice as he lay unconsciously on the ground. This giant grew tired, stopping for a water break, as prisoners & guards looked on. No one saying anything to a raging murderous giant! Arnold returned to continue assaulting a daed body. All were amazed by what we saw, blood was everywhere like after a short rain shower!
7 Prisoners attempted to escape off the Ellis Unit in 1998. This was when death row was housed on this unit. M.Gurule made it over two gates & got away. Days later he was found dead. For this reason all of death row prisoners were moved to Polunsky Unit in Livingston, Texas due to M.Gurule's escape. This act provoked TDCJ (=Texas Department of Criminal Justice) officials to change their policies surrounding death row prisoners, taking away group recreation and religious services, & the work program was removed as security measures. Death row prisoners are no longer allowed to watch television & are confined to cages for 22/23/24 hours a day.
Day in, day out sounds of nothingness assault the minds of men waiting on death or the slow process of the judicial system. For some men, this is enough to make them wish or long for death to come & take them away. Deon Tumblin is one of these men. On October 28th, 2004 two women guards ran from the section after finding the dead body of Deon hanging from his light. Ranking officials thought a dead man was...playing dead. Instead of trying to save his life, they sprayed Deon's body with pepper gas, just to make sure he was dead! Michael Johnson took his own life days before he was to be put to death just to rob the executioner. When Johnson's body was discovered, "I didn't do it" was written on the wall in blood. These were his dying words...
These were just a few learning experiences I've witnessed inside this fight to win my freedom back. This blog will share daily events of prison officials' misconduct, revealing to you how officials abuse their authority. In some cases prisoners' mail is delayed, medical treatment is denied - two subjects I'm personally experiencing. These are battles I'm fighting to put a stop to. It's why I'm desperately trying to hire a good lawyer. I'm unable to do this without your help!
Thankfully I'm blessed with a few who believe in my innocence. People who are willing to provide financial aid to hire an attorney, someone who'll fight to free me from the injustice I'm made to suffer inside this cage. Does anyone know a good attorney who's against injustice & interested in fighting for the life of an innocent man? If so, please ask him/her or send the information to my e-mail address. This is important to us, so please act now! The court appointed attorneys who're over my case aren't doing anything to remove me from this cage. These people won't even respond to my letters! This is just another experience I've been forced to learn, dealing with the Texas Judicial System for 18 years & counting.
Later I will provide you with a better description surrounding the events that placed me on death row to give you a clear picture of my situation. After reading hopefully you'll develop an interest & wish to learn more by continuig to read this blog & supporting our endeavor. I'll also share INCAGED with you. INCAGED is a newsletter I created to share information of many events surrounding injustice - taking place behind prison walls & within the judicial system.
As we evolve, learning the functions of how to operate this blog, more INCAGED articles past & present will be shared, to give you a vivid picture of the hard work we've put in, trying to share the injustice we & others are facing. Please, become involved now by supporting a cause to save the life of an innocent man.
