Letter #4 by Roy Pippin March 7, 2007

March 7, 2007

Wednesday 11:37 am

Dear Deborah:

By the way - is it Deborah Jane? sounds right.

Good afternoon - at least I hope it ends up being for Nichol-Bey. One reason I am starting this letter before my first ever interview with any type of media outlet - is that I wanted to express my total disdain for the actions of Major Nelson yesterday, even though she has treated me civilly (looks wrong but dictionary says it's right). She leveled Nichol-Bey because he refused to groom himself - I assume, to shave - since he has cut his hair very short. Everyone feared it was to deny him visits (level 2 = 2 visits a week, etc.) but Sgt Horton assured me he is visiting as I write this. To show you the difference in ranking officers - Horton said he feels Nick will get a stay after reading the article in the Houston Chronicle. Don't count on any other mofo rank saying that.

I expect brutality my last few weeks. It's 22 days away and seeing the disrespectful treatment of guys days away indicates to me that I will be treated the same. Every man has to go their way. I will refuse signing all the forms, etc. I will not assist them in murdering me. And when they move me to a cell with a camera? Oops. Bad idea. I will have nothing they can take. At this point - right now - they can only deny me visits with my long lost cousin & one final with Nancy. So what can they take Deb? Their only option will be brutality - so you know they will try it. (smile)

You should be seeing me soon!! I allowed, as a huge surprise, Nancy to get two photos of us together. Like the song says" I just keep gettin' better lookin each day" - as I lose all this blubber. Yesterday I was only 237 but it's 27 pounds in 16 days. So - 22 more days should put me near 200 or less. At least I go out at my right weight, IF they get me this time around.

Why if? I filed a 14 page brief in response to the Harris county DA's office last night. I actually think I have them worried the CCA may look at my allegations in my 186 page pro se subsequent writ application I filed 2/13. Today is 22 days since it was filed. The CCA normally responds with 2 weeks - especially in a DP case with an imminent date. I also filed a motion for leave to the 5th - to be allowed to file a Mirror Image writ (successor) in Federal court; and a Motion with Brief in Support to the US Supreme Court. Girl, at least I'm making them work. (smile) I firmly believe they cannot get around the Brady claim I filed unless they manipulate more evidence or existing facts to make it go away. The Assistant DA did not even address the Brady claim - just said it's a rehash of a Brady claim that has been adjudicated thru all phases of my appeals. It is not - it is from newly discovered evidence. If you can't tell - I enjoy arguing my case - and feel something could be cookin'! I know the odds - especially with me going pro se, but a little chance is better than none - and that's what all the TDS, TIN, etc, attorneys gave me!

Real quickly - yeah right - I want to point out one key issue in my case. A Mexican (illegal) drug dealer named Abraham Pacheco sold his soul to get a deal where he walked out a free man after testifying the way the prosecutor needed him to - to get my conviction. Pacheco testified: "He kidnapped 4 men; held them hostage - captive for 7 days; interrogated them - with possible torture involved; was present with his gun in his hand when two victims were killed; did not report the crime, etc.... And walked away a free man for his "proven perjured testimony". First off - Texas lets this guy cop a plea where his is set free? In Texas where they try 6 men for one murder (Texas?) and all but one gets a death sentence? Sounds fishy from the get-go - huh?

Pacheco testifies how he was horrified when I walked into my shop's office area and opened up on the two men with my gun. That he witnesses me do the killing. It is total 100% fabrication. I admitted to dropping Abraham & the two Columbians off at the shop but went to my buddy's club call "Dingwalls" - 1/2 mile away - and did cocaine & drank until 4am. But the jurors bought it. Pacheco was crying about his family leaving him - back to Mexico and how he had no idea the killings would happen. Uh huh - sure. You hold a gun on 4 Colombians for 7 days - with instructions from the head Colombian to shoot them if they try to escape or call out but he didn't expect that outcome.

Big problem for Pacheco. Ballistics evidence - the defense never got to see, but caught mistrial - proves three different guns were fired to kill 3 of the victims. Two different guns to kill the Buitragos, so Pacheco obviously could not have witnesses what he said he did. Of course - the state said it just means Pacheco may have fired his gun and killed one of them. Well - I was charged with both murders. Still - Pacheco walked out free. In Texas? Unreal.

The prosecutor had the ballistics evidence 14 months before trial but says he just didn't understand it said two guns. His expert said he told the prosecutor two guns were used way before the trial. So, the prosecutor suborned perjury and never corrected it. In front of the judge, on the record, he said he couldn't swear his expert did not tell him about the two guns. This is all back in 1995. Sorry attorneys appointed and no investigation is done into my alibi; witnesses at Dingwalls and the ballistics evidence is not argued properly.

In 2004 I, pro se, got depositions ordered. The fact of the matter is - I filed it pro se 4 it was denied and new counsel, Jani, was appointed. She re-filed my pro se discovery motion almost verbatim and 3 depositions were ordered. In one - my trial attorney, Joan Campbell, previously a prosecutor for 7 years & now a judge, turned over a ballistics report never seen before. None of the incompetent attorneys even asked if one was filed. It was her "trial work product". She does not have to turn it over to anyone. My other trial attorney, Dick Wheelan - ex New York Cop, REFUSED to allow me or anyone else to see his notes and alleged strategy at trial. So - the ballistics report should be considered "newly discovered". Magic words to allow another shot at justice!

McDonald was my ballistics expert. Anderson was the state's expert. They worked together & were best friends for forty (40) years! Think on that one. McDonald filed a report saying the evidence in case # 520-94, Elmer Buitrago's case. , "consisted of one bullet." Hello! The morgue recovered bullets fired from two guns from his body. Hello? Anderson's report lists the items he tested in case 520-94 as consisting of (1) fired bullet lead core (EB-3) - (1) fired bullet jacket (EB-2) - (oops - got it mixed up) - (1) fired jacketed lead bullet (EB-1).

Deborah, what more proof should I need? It's obvious the firearms lab only gave McDonald one bullet to examine. Another scenario has Anderson just telling McDonald over the phone what he found the evidence to say - and McDonald made his report, and pocketed the money, for Anderson's funding. But, in the other cases (3 in all) the items Anderson & McDonald List in each case are the same - and done in detail - so why would McDonald not list all of the pieces of bullets in Elmer's case but do it in the other cases? So, 5 pages into this rambling letter I give the kicker. This is reversible error and Texas knows it will end in me getting a new trial if the allow it to be considered & the case gets any type of relief. So they will block me from getting a chance any way they can.

It's 1:03 any no and no media visit yet - but they close everything down - including chow & rec sometimes - on a day they get to kill one of us. I may be wrong but, I feel Nichols has a 50/50 chance of getting a stay. We will know in 5 1/2 hours. That might be partly why they leveled - "media attention" and "public support" to not kill him.

Thomas Miller-El is a very good friend of mine. He called Nancy and said they offered him a life sentence. He said NO. They offered some kind of time - but it would keep him locked up forever. He said no. So - they set off his trial until 2008! Typical crooked prosecutor tricks.

It's 5:18 pm. The interview was just about a bust. One of two reporters showed up and he was concerned mostly over conditions. Hopefully I articulated the worst of the problems in a way his report will not chop us up.

Nichol-Bey refused to sit in even a wheelchair to be taken to the murder mobile. They used a gurney to carry him back to 12 Building (where DR housed) and he still refused to walk. They carried him out to the van on a gurney/stretcher thing and loaded him in the van for the trip to The Walls. All this was from Guard Ford (visitation) and Runaway Chuck Thompson. Visions of my future - if not worse. One of the hardest parts of this Hell is seeing your friends hauled out of here to be killed.

Your website must reach lots of people. I got 9 letters last night (smile). 3 were friends I've had a long time, 2 religious groups, but 4 were people you had hooked me up with, so THANK YOU! Nancy has posted stuff too but I think it's limited in scope. Only anti-DP people can even see it - right? I am still ignorant on all that stuff. "Google me?" (smile) Sounds like a sexual term.

Max Soffar asked how I met you after seeing your articles about me on your site. He asked for your address. I hope you don't mind but I gave him the PO Box one. He wanted to share what being taken back to be retried was like. If you have too many letters to answer just ignore him. He is a good guy!

Unless something else comes to mind - I will close and update you in a few days. Oh, 235 now so it's 29 pounds!! :-) And Sleepy is considering joining in on the hunger strike. He did a 21 day one before. They refuse to let him have a radio, hot pot, etc. due to his level two status. 50+ days left and he can't buy commissary, listen to a radio, etc. Oh, of course - Chuck said Warden Hirsch was back slapping all the guards after they got the situation under control. They just love weeks like this. Back to back murders they get to be party to. Mine will be back to back with Flaco (Guitierez). Another fun week for that bunch.

Peace, Love & Respects,

Roy

God Bless

So much for closing out - huh? I just got back from rec & shower. It's 9:05pm. They killed Nichol-Bey on schedule. It was confirmed that they had to gas him at visitation & carry him to the van. He died a warrior. His friends? You will not believe this one - any Moor or long time friend (blacks anyway) was locked down for the day. No rec, no shower & reportedly no visits were allowed to 25 to 30 men. 4 on death watch, so now you are guilty by association and religious beliefs and will be punished for it. Hirsch can get away with anything he wants, with impunity. Nicks's mom went off on Major Nelson because they wouldn't let Nick's sister in to visit Tuesday. I have no idea who did get to visit him today. He was hoping to see his daughter. Deb - my emotions are paper thin right now. I've witnessed over 270 men get taken away to be killed in 11+ years. Many were truly like brothers - better than the one I really have. I haven't seen him in 12+ years. The hardest part is seeing them go through the last days with doubts of their afterlife. I'm really lucky to know I will be set free and move on to a different existence - in a paradise. ANY PLACE is a paradise compared to this place. (smile)

I'm emotionally drained so I will close. I reviewed your 3/3 letter tonight. (Quick!) I enjoy meeting you on all levels so write as often as you can. 22 days and counting "IF" I get my release. when I say you and yours are in my thoughts and prayers I'm not exaggerating. You are & will be forever.

Much Love & Respects,

Roy

God Bless

P.S. I will fill you in on the free world Roy next letter.

D.R.I.V.E.

DEATH Row INNER-COMMUNALIST VANGUARD ENGAGEMENT