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.
10-02-2009
Help
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.
