Dear Fellow Mensans,

My plate is full. Among the reasons is the manner lawyers are attached to an indigent defendant or accused in a criminal matter.

The demands on my time far out-strip availability. The cases presented to me underscore the serious problem mentioned above and reflect a certain societal indifference toward its most vulnerable. For those who claim or can establish that actual innocence is a factor, outside groups will offer assistance. These groups are overwhelmed with requests, though they offer the best chance to reverse the wrong that resulted from poor indigent defense.

The most tragic of those here needing legal review fall into one of two categories. The first, and most unrecoverable, are those who pled guilty (usually convinced by a court-appointed attorney) to an undone act. The second category includes those with parole revoked or adjudicated sentence. These souls languish in a purgatory beyond any franzkalfkain creation. The degree of helpability depends on the case, each unique, but all out of reach for the outside help often spoken of in the dreams of these damned.

For both of these tragic groups, help can usually only come from an inmate "writ writer". Writ writers can be from any background, and the occasional locked up lawyer can be very effective. Most individuals, like myself, come from various backgrounds and share traits of being able to learn and completing some education beyond high school. (This is not to say that some who did not finish high school don't become very good at the task.)

I am on a current hot streak. Within the past month five of my efforts produced favorable results (hearings, retrial, out-of-time appeal, even one reversal). I do not need to charge. I am blessed with more than adequate financial support from the outside, postage being my largest expense.

Some writ writers represent that they can do far more than is reasonable. Sometimes they take funds from the wronged or his family. (I know of $1000 sent to a writ writer and nothing whatsoever was done!) Another problem for writ writers occurs when their "wins" gets them overrun with requests. They often then become selective and shun the tough cases, take the fast money producers, and try to keep a reasonable win-to-try ratio.

Most of the inmate writers try to "DO NO HARM!" for a very good reason -- appeal lawyers may not only mishandle a case, but sometimes destroy ANY chance for the inmate to get back to court later. These lawyers are home . . . away from the aggrieved. But the writ writer must face the other inmate, often on a day-to-day basis. This can and has been a serious problem. Of the several times I've been asked to fix a botched case, THE BOTCHER has been the one to approach me, willing to do whatever asked to salvage the circumstance!!!!

Revoked parole occurs after an infraction of one of the conditions of probation or parole. Dirty urine analyses (UA's), not reporting, not reporting a new residence (move) or new job, or committing a new crime, however minor, can cause a revocation. The appellate process for revocation is very different than a court conviction. The person may have originally pled guilty to a crime that was not done (THIS IS NOT BEING MADE UP!) out of fear, atty advice or any number of reasons, cost of adequate defense being one. Then his agreed probation for a minor offense is canceled and he winds up doing a lot of years for the minor crime. THIS KIND OF CASE IS VERY DIFFICULT. Parole revocation just isn't doable in Texas today. Only a very well-recorded insanity would work, and that person would not be on parole anyway!

Adjudicated sentences are equally hard. Here a person pleads guilty to a "deferred" sentence for probation. If probation is broken, the judge then "adjudicates" the sentence. After two mistrials, one guy here was talked into a 10-year deferred sentence by his (by then overworked and underpaid) court-appointed attorney. For a minor drug possession during probation, the judge sentenced him to life! Another 10-year deferred sentence for drug possession turned into a 45-year sentence after a dirty urine analysis.

Most inmates wanting help are broke, long abandoned by family, and have limited education and limited ability to learn. From some of the enclosed letters, you can grasp the problems. (Send SASE 55 to editor for copies.) No one wants to mess with inmates. Those who do seriously limit what they will do.

Drop me a line. John Cloud #749521, Box 128, Tennessee Colony TX 75880