It is both troublesome and an opportunity to pen your request. I have both friends and

Transcription

1 Sometime around the middle of April, 2011 I received the 1st letter from Shane asking for information on subscribing to the Gazette. I sent a short note back saying I would be willing to give him a subscription if he would write his story for the paper, thinking it would be interesting for our readers. This is his response that I have given to a local attorney for consideration by him for pro-bono work. As of the time of publishing I have had no response from the attorney. W.C. Shane Holmes It is both troublesome and an opportunity to pen your request. I have both friends and family that already know my situation. For those who only know that I am in prison or have heard bits and pieces of the story, it should serve to explain what happened. For those who do not know me, perhaps it will be an eye opener. As our country's morals are slowly deteriorating, our system of justice is also crumbling. The result is many of the 2.3 million people behind bars are actually innocent and have nothing to do with the crime of which they are accused. It may have been someone else wrongfully convicted across town that helps them realize that it can happen to the, too. The picture is the best I could do. Hopefully, it will be of use. If I can do anything else for you, please let me know. I look forward to seeing a copy of the Gazette soon. If you have any ideas on how I can further promote my situation, I appreciate 1 / 6

2 the imput. " Have you ever heard a story about an innocent person ending up in prison? Nowadays, this injustice epidemic is as commonplace on news reports as politicians disagreeing over budget woes. Whenever this tragedy occurs, a gavel becomes a weapon of mass destruction in the lives of the wrongfully incarcerated and their families. Instead of justice, more victims are produced while the guilty get off scot-free. The U.S. Bureau of Justice Statistics estimates that 8-12 % of prisoners are innocent. This happens for many reasons. Generally, negligent attorneys, faulty witnesses, and wreckless overzealous prosecutors are to blame. Jurors are blinded to truth through a misrepresentation of facts and the suppression of evidence that might otherwise acquit the defendant. I never thought such unjust acts could happen to me. I grew up in Hawkins. My family owned property at Holly Lake Ranch. As a teen, I worked summers for the resort's landscaping crew. After graduating high school in 1986, I tried a few various living locations and professions. Eventually, I built a new home in McKinny, Texas where I was employed as a Continuing Medical Education Coordinator in the Metroplex. I was completing a Master of Science degree in Healthcare Administration at the University of Texas at Arlington. In 2000, I married a beautiful and loving woman 2 / 6

3 who was divorced and had two children. We had a custody battle with her ex-husband that resembled the U.S. occupation and war in the Middle East. It was long, burdensome, and expensive. Her ex became infuriated when he lost the fight for custody and was ordered to pay thousands of dollars in child support arrears for which he had twice gone to the slammer. He was given visitation rights the week-end immediately following the final court hearing on Wednesday, February 7th, After the kids returned from his house Sunday night, an allegation of sexual abuse was made against me by my stepdaughter. This led to my arrest only days later on February 14th. The allegation was that the assault occurred in my truck while on the way to return videos to a movie store. The trial record reveals her bizarre account. 3 / 6

4 She testified that we were both fully clothed, wearing seatbelts, and seated on opposite sides of the cab while contact happened. It was daylight and in dense afternoon rush hour traffic in Plano. She also stated that she slept through the 45-minute trip and that our only stops were the movie store and a gas station. She said the abuse must have taken place while she was asleep as she only awoke during our two stops. The only rational aspect to her tale was that she had a tiny superficial laceration, which was examined by a doctor. Yet, no visible evidence of abuse was present. After the doctor consulted with other specialists, he determined that it wasn't necessary that she be examined by a Sexual Assault Nurse Examiner. However, there was an undergarment that she wore home from her father's house that week-end that may have had a spot of blood and other DNA evidence 4 / 6

5 that could clear my name if tested. But, at no time was it presented by the prosecution or obtained by my attorney, though I demanded it multiple times. It is in the possession of the McKinney Police Department. Between 2001 and 2003 when I was convicted, the nine-year old recanted her story. She told her mother and at least two of her school friends on separate occasions. A mother of one of the girls called CPS to report the account. However, the prosecutors ignored the obvious signs that the man was trying to frame me. They denied the admissibility of these perjurious statements and tapes in trial. Everything that could go wrong went wrong in my case. Even though I initially hired an attorney, I filed for bankruptcy before trial and was forced to use a public defender. To say that he was ineffective would be an overstatement of his ability and effort. He was a family attorney, not a criminal defense lawyer. He allowed the prosecution to deny exculpatory evidence, fabricate timetables, and led the witness to trump up allegations to meet the demands of the DA. As a result, I was convicted and slapped with a life sentence. My situation reminds me of a man in the Bible who was wrongfully incarcerated. A woman make an outcry against him that he tried to take advantage of her. This man, Joseph, spent thirteen years in prison. But, God had given him a vision of his purpose and destiny. Joseph became a great leader. From my experience, I can imagine him wondering why his incarceration happened. The Lord was preparing Joseph's character to fulfill his calling. He is preparing me, too. Things can and will change. I can still appeal my case. However, it takes an experienced attorney to tackle it and achieve success. I have a fund being established to obtain quality legal representation. If you can help make this possible, your support is greatly appreciated. 5 / 6

6 SHANE HOLMES # POLUNKY UNIT 3872 FM 350 SOUTH LIVINGSTON, TX / 6