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Post by ludwig1251 on Apr 29, 2004 14:01:59 GMT -6
Hubert Michael, 47, has been on death row for nine years, having been convicted of the 1993 kidnapping and murder of 16-year-old Trista Eng in Dillsburg, York County. THERE IS NO DOUBT THAT HE DID IT. BUT WAS HIS SENTENCE DECIDED FAIRLY WHEN THERE WAS NO PRESENTENCING HEARING? Michael is mentally ill, suffering from severe depression and organic brain disorder. In July 1994, while in the York County Jail, he attempted suicide. His "trial" was a farce, plagued by numerous errors by the court, his attorney and the prosecutor. Michael's incompetent lawyer essentially abandoned him, and even though Michael was clearly mentally disturbed at the time, both the lawyer and judge were intent on arranging his state-assisted suicide. Hubert Michael is brain damaged, a condition which doctors believe may have been caused by his father repeatedly grabbing the child by the temples, holding him in the air and shaking him violently. Michael's lawyer, a public defender, made no effort whatsoever to present the above-mentioned, and more, mitigating evidence on behalf of his mentally ill, suicidal, and erratic client, in violation of the Eighth and Fourteenth Amendments. The lawyer actually asserted that no mitigating evidence existed, despite the fact that he knew otherwise. He also refused to present the defense Michael sought and threatened that if Michael attempted to testify on his own behalf, he would testify against him. Michael was, therefore, coerced into pleading guilty to first-degree murder and kidnapping. Facing an irreconcilable rift with his lawyer, Michael begged the court to provide him with new, effective legal counsel and sought to withdraw his guilty plea and proceed with a trial. His requests were refused without a hearing or explanation. Depressed, hopeless and suicidal, he consented to a death sentence after his lawyer knowingly lied to the court, saying there was no mitigating evidence. At Michael's sentencing hearing, York County Common Pleas Judge John Chronister told him, "If [the death penalty] is your desire and you're willing to have it happen, it would seem to me it's a waste of time to have a hearing. If you want the death penalty...quite frankly, we can arrange it for you." It is clear that Hubert Michael was mentally unstable at the time of his guilty plea, and that in light of the complete lack of treatment, medication or counseling while in Department of Corrections custody during the past 10 years, he remains incapable of making a rational decision about his fate.
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Post by TexasLady on Apr 29, 2004 14:22:41 GMT -6
From the PA Supreme Court Decision: At the August 27, 1998, remand hearing, the PCRA court conducted a thorough colloquy during which appellant reiterated his desire to withdraw this appeal and not to pursue any “further court litigation.” At the conclusion of the hearing, the court found, as a matter of fact, that appellant fully understood the consequences of his request.
On December 8, 1998, upon consideration of the colloquy transcript, this Court remanded to the PCRA court for another hearing to augment the record to include psychiatric evidence relating to appellant’s withdrawal request, including whether, as appellant’s counsel claimed, an underlying mental illness was the predicate for appellant’s request. The PCRA court scheduled the hearing for February 23, 1999. However, on February 18, 1999, appellant’s counsel wrote to the court and attempted to have the hearing cancelled, on the ground that appellant had prepared a new affidavit on January 28, 1999. In that affidavit, appellant averred that he did not wish to undergo any psychiatric examination, nor did he wish to undergo “any proceedings in York County about my desires with regard to my case.” Instead, appellant now claimed to prefer a “quick decision on the merits” of his pending appeal in this Court, requesting that his appeal “be moved up ahead of other cases.” The PCRA court denied the request to cancel the hearing.
At the February 23, 1999, hearing, Dr. Larry A. Rotenberg, a board-certified psychiatrist and neurologist and director of psychiatry at the Reading Hospital and Medical Center, testified that appellant suffered from no major mental illness, but had a narcissistic personality disorder, which led him to believe that he was entitled to special treatment. Dr. Rotenberg’s opinion was based in part upon a psychiatric evaluation he completed on December 12, 1996, in anticipation of appellant’s trial, since Appellant had refused to submit to a new examination. Dr. Rotenberg further stated that appellant’s desire to waive further collateral review was not based on a mental illness, but rather upon his desire for a speedy resolution to his appeal because he could not tolerate delay.
Specifically, Dr. Rotenberg, who observed appellant testify at the hearing, testified that “[t]he Defendant [today] showed himself to be lucid, coherent and somewhat manipulative, and so it showed him to be logical,. . . nondepressed, nonpsychotic, nondemented, and not suffering from any mental illness.” And, the letter to the Supreme Court from Michael reads: To the Courts: I would like it known that I, Hubert Michael, do not wish to have any further appeals regarding my homicide conviction in York county. Nor do I wish any appeals regarding any other convictions. I pled guilty to homicide because I was guilty. I was not coerced into making this plea, nor was I promised anything in return for making this plea. There are no insanity issues to be raised in this case. I was of sound mind at the time of the homicide. I was of sound mind at the time of my arrest. I was also of sound mind during all court proceedings, and I am of sound mind as I type this letter. The attorney’s [sic] who claim to represent my best interests in court are only trying to promote their own agenda. As they are opposed to the death penalty. They know in their hearts that I am mentally competent, and have in fact expressed this to me in conversation.
Sounds very competent to me. caselaw.lp.findlaw.com/data2/pennsylvaniastatecases/supreme/j197-97co.pdf
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Post by Donnie on May 1, 2004 10:04:15 GMT -6
Hubert Michael, 47, has been on death row for nine years, having been convicted of the 1993 kidnapping and murder of 16-year-old Trista Eng in Dillsburg, York County. THERE IS NO DOUBT THAT HE DID IT. BUT WAS HIS SENTENCE DECIDED FAIRLY WHEN THERE WAS NO PRESENTENCING HEARING? YES. His treatment has been more than fair. Severe depression could not possibly be a cause for a person to rape and murder a girl. By the way, where do you practice psychiatry? What is the treatment for a narcissitic personality disorder? It would seem like being imprisoned and executed would be an effective treatment. Particularly since he raped and murdered a 16-year old girl whose only crime was to be responsible enough to have a job. Are you displeased that Trista Eng wasn't brutalized enough by this murderer-rapist?
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Post by Trish on May 2, 2004 1:36:37 GMT -6
I understand that new appeals have taken place in the last few weeks, with the latest one being 4/28/04. These were not filed by Mr. Michael. He is not protesting the states plan to murder him.
From what I have read, and from what I know about the case, this individual did not have what you would call a real trial.
I think that the least the state can do before it murders someone is to make sure that there was a fair trial.
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Post by Donnie on May 2, 2004 17:56:25 GMT -6
There is no plan to murder the murderer. The plan is to provide a minimal approach to justice for his victim. The individual was guilty and had more of a trial than was needed. You might wish to compare his crimes and trial to the crimes, trial and execution of Ms. Eng to see who was treated more fairly. If a person murders someone and admits it, there is no need for a trial. Read the man's letter to the Supreme Court. You have a twisted mind, I hope you are getting help. I understand that new appeals have taken place in the last few weeks, with the latest one being 4/28/04. These were not filed by Mr. Michael. He is not protesting the states plan to murder him. From what I have read, and from what I know about the case, this individual did not have what you would call a real trial. I think that the least the state can do before it murders someone is to make sure that there was a fair trial.
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Post by Trish on May 3, 2004 22:53:46 GMT -6
Just to give you all the latest information. It appears that Mr. Michael has decided that he wants to appeal. For some of us that is good news.....For those of you who were looking forward to an execution on 6/1/04, too bad. You will have to find somthing else to look forward to.
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Post by Trish on May 9, 2004 2:50:05 GMT -6
Actually, on Friday, May 7, 2004, Hubert Michael did sign an appeal to stop the scheduled execution. Watch for details....
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Garotte
Participant
Pro DP
Posts: 200
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Post by Garotte on May 11, 2004 13:47:07 GMT -6
Does its average appeal process elongates durgin 40 years by average or so? Which is the matter? Garotte
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Post by Matt on May 25, 2004 14:33:35 GMT -6
Just to give you all the latest information. It appears that Mr. Michael has decided that he wants to appeal. For some of us that is good news.....For those of you who were looking forward to an execution on 6/1/04, too bad. You will have to find somthing else to look forward to. Listen here you stupid *f---*, she was my first cousin who was brutally murdered by some monster. I pray to God that you get to experience this as well. Hopefully you'll be raped and shot 3 times with a pistol and left in state game lands just like Trista was. I hope you rot in hell, along with Michael. Matthew P. McKenzie
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Deleted
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Post by Deleted on May 25, 2004 16:44:08 GMT -6
Not surprised that *bi+ch* is afraid to post back to that....its all fun and games and stays until you finally meet somebody who actually has lost someone to a vicious murderer. Matt, most of us are here in support of you, and will celebrate alongside you when justice is finally done!
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Post by Sandman on May 25, 2004 19:32:08 GMT -6
Matt: I just want to echo what Beedo said. Even though this site is a PRO site, many MOPE lovers still find their way on to this site and let their hearts bleed all over it. It makes both Beedo and myself feel vindicated when a true "victim" of crime comes onto this site to tell it the way it really is. My heart goes out to you and your Matt. Lets hope justice prevails.
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Deleted
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Post by Deleted on May 25, 2004 19:34:21 GMT -6
Matt, People who have not lost a family member to a violent crime cannot comprehend the loss we feel. I pray for your family that you may have the peace and closure the execution on this POS will bring. If he was anything above scum he would waive his appeals and take his punishment like a man..... oh wait he's not a man
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Post by Trish on May 31, 2004 12:40:59 GMT -6
Matt,
First of all I am sorry for your loss.
But why would you wish the same thing for me? Is it because I don't happen to share your beliefs on the death penalty? Do you wish the same for everyone who does not agree with you? That's pretty sick thinking. If I thought the way you do, then I guess my wish for you would be that you also receive a lethal injection. FORTUANATELY, I DON'T THINK LIKE YOU. I believe that you have a right to your opinion, but so do I. Just because I don't believe in the death penalty does not mean I should be killed.
By the way, who are you going to hate if he is executed?
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Post by SylviasDaddy on May 31, 2004 21:29:53 GMT -6
[THERE IS NO DOUBT THAT HE DID IT. ]
Then put him to death.
Unless the killer's mental illness/brain damage/etc. makes the victim less dead, I fail to see why it should make a difference in the punishment.
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Post by Matt on Jun 1, 2004 8:36:28 GMT -6
Matt, First of all I am sorry for your loss. But why would you wish the same thing for me? Is it because I don't happen to share your beliefs on the death penalty? Do you wish the same for everyone who does not agree with you? That's pretty sick thinking. If I thought the way you do, then I guess my wish for you would be that you also receive a lethal injection. FORTUANATELY, I DON'T THINK LIKE YOU. I believe that you have a right to your opinion, but so do I. Just because I don't believe in the death penalty does not mean I should be killed. By the way, who are you going to hate if he is executed?
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Post by Lisa Torez on Jun 1, 2004 16:37:29 GMT -6
Matt,
I do understand how you feel because I lost my sister in much the same way. Maybe it is a little different for me because the man who did it was her boyfriend and he killed himself before he was ever arrested.
I just want to say that I am surprised that you would wish this on anyone else. I don't agree with the death penalty either, but I hope you don't wish that on me....
I hope you find some peace.
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Post by jenniferwa on Jun 1, 2004 19:00:28 GMT -6
I guess I'm wondering why Anti-DP's are even ON this board. they aren't going to change the Pr-DP's mind about it. I guess they just want to be here to add salt to the wound of the murder victims survivors. Haven't they suffered enough without Anti propoganda? Sorry, I just got tired of it so I've been away for awhile.
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Post by Sam on Jun 1, 2004 19:47:50 GMT -6
Did it ever occur to you that perhaps people come here to see what you have to say. Isn't that what you want? I would think that you would want everyone to hear what you have to say.
What a stupid thing to say. It just goes to show how ignorant "people like you" really are. I certainly hope your response was not to Lisa. It sounds like she has suffered a terrible loss. What's wrong? She does not agree with the death penalty, so she should not be here. Maybe she has something to say. I thought I was for the death penalty, but after reading some of these messages it is clear to me that I would not want to be associated with some of you.
I don't think you have been away long enough.
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Post by jenniferwa on Jun 1, 2004 20:06:56 GMT -6
Did it ever occur to you that perhaps people come here to see what you have to say. Isn't that what you want? I would think that you would want everyone to hear what you have to say. First of all, Sam, I am not here to debate with Anti's. If I wanted that I'd go to an "Anti-dp" site. If people want to come and hear what we (all Pro's on this board) have to say then they're more than welcome. I just get tired of hearing people tear down something I feel strongly about. I certainly hope your response was not to Lisa. It sounds like she has suffered a terrible loss. Sam, I was not responding to Lisa, she HAS suffered a terrible loss and I feel bad that she has. I also hold no anger towards her. She spoke with kindness so I didn't feel she was attacking the Pro's on here. I can't say that of MANY people who are anti death penalty on this board. I thought I was for the death penalty, but after reading some of these messages it is clear to me that I would not want to be associated with some of you. I don't think you have been away long enough. If you were that weak on the death penalty to be able to be swayed by your dislike of people who are ALSO pro-death penalty then you must not have been very strong about it to begin with. and frankly, I don't care if you think I've been away long enough, since you're only a guest and I'm a member. Jennifer
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Post by Sam on Jun 1, 2004 22:13:24 GMT -6
Actually Jennifer, I would be ashamed to say that I was a member of your group. What a bunch of ignorant people. You have people like Matt, who would wish his cousins fate on another because they expressed their own beliefs. For all you know Trish may have suffered her own loss too. Does Matt think he is the only one who has ever suffered a loss? Some of you are so wrapped up in your own hatred that you can't see anything else. I would recommend some serious counseling. But first you would have to find a counselor who thought like you. Maybe you and Matt, and others like you, should just go out and get rid of everyone who does not think like you. IT SOUNDS LIKE WHAT MATT WOULD LIKE TO DO. Believe me Jennifer, I would rather remain a guest than join your "elite group." In fact, I see a lot of guests on here who remain only guests. I think I know why. And you are correct when you say that I must have been "weak in my position on the death penalty." I came here hoping to read some thought provoking information, but instead I found a few sick, twisted people, some of who are probably not too much different than the people who sit on death row. I can only hope that people like you and Matt are not representative of the other members of this group. And if your response was not to Lisa, then who was it you were responding to?
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Post by jenniferwa on Jun 1, 2004 22:58:49 GMT -6
And if your response was not to Lisa, then who was it you were responding to? Hi Sam, My response was in reference to what Trish said about the execution of Hubert Michael being a murder, I can't tell you how annoying it is to hear that time and time again. Murder is not the same as execution. And where did I say I wanted anyone here to die? if you can paste that in here for me I'd love to see it. The only people I want to die are the people who have murdered in cold blood. Period. It's late and I'm going to bed. goodnight, Jennifer
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Post by Donnie on Jun 1, 2004 22:58:51 GMT -6
What you find on this website is a function of how hard you want to look. If you want to take a superficial look, you will come away with a superficial conclusion. I see that you are also quick to judge others by a few postings. There is a major difference between all those who post here and all of the people who sit on death row. Those who sit on death row murdered at least one person. If you don't see that as a major difference, you are the one who is twisted and sick. I came here hoping to read some thought provoking information, but instead I found a few sick, twisted people, some of who are probably not too much different than the people who sit on death row.
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Post by Sam on Jun 2, 2004 0:13:54 GMT -6
Donnie.
You made a statement that there was a difference between "all those who post here and all those who sit on death row." You said that everyone on death row has killed someone. Actually, that is not true. There have been some innocent people who have sat on death row for over 10 years, and were then found to be not guilty by proof of DNA evidence. I would venture to say that there are probably others too. But I guess just because they are there, it means they are guilty?
Maybe you need to go to the other sites to read about the people who were not guilty. Of course, if they had been executed in a timely manner, as most people on this site would like, then nobody would have known.
And I don't believe that everyone who posts to this site is sick and twisted. But it bothers me to see someone(Matt) write that "he hopes another person gets to experience the same fate." And why? Because they don't feel the same way as "everyone else who posts here."
I'm sure there are people that have had a loved one murdered, who do not believe in the death penalty either. Not everyone feels the same way as "everyone who posts here." What would the good and moral people that post to this web site say to them.
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Post by TexasLady on Jun 2, 2004 9:07:31 GMT -6
Actually Jennifer, I would be ashamed to say that I was a member of your group. What a bunch of ignorant people. Oh, and aren't you the epitome of intelligence and wisdom? No one wishes you to be a member of Jennifer's or any other MVS's group. It isn't ignorance on our part that put us there. It's a cold, blooded killer that put us into that "elite group." I hope you never have to find out what it's like to be a member. What makes you think this? Hatred is the least of our emotions. Personally, I have no hate in me. I never have. But you wouldn't know that because, well, you fail to see beyond your own tunnel vision. You think you know a lot of things but, in truth, you don't know a heck of a lot. That may be what you believe but you really came here hoping to "stir the pot." Maybe a little name calling, a little attack here and there. You probably think it makes you look intelligent or superior when it really makes you look like, for want of a better word, a putz. You're not the first person who's come here, on either side, with guns blazing and thinking you're going to change the world. You'll either calm down or go away. Neither will affect this board or the rest of the world all that much.
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Post by snowy111 on Jun 2, 2004 9:49:43 GMT -6
So does anyone know if Hubert L. Michael has been given a stay for sure or not. Or is he going to be executed?
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Post by TexasLady on Jun 2, 2004 11:42:01 GMT -6
So does anyone know if Hubert L. Michael has been given a stay for sure or not. Or is he going to be executed? It was stayed. Review of his appeal is to be 6/22, I believe.
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Post by Donnie on Jun 27, 2004 18:38:57 GMT -6
But why would you wish the same thing for me? It was clear that it was for educational purposes to help you understand the reality of what has happened. But after reading your follow-up post, it may have something to do with your holier-than-thou arrogance.
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Sam hit the nail on the head
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Post by Sam hit the nail on the head on Jun 28, 2004 2:06:01 GMT -6
Sam is absolutely correct in his remarks, and it is YOU Donnie, who should be more careful when it comes down to calling other people "twisted and sick" or arrogant...
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