THE FREE MARK LANKFORD DEFENSE PROJECT SUMMER 2003 EDITION

The United States District Court for the District of Idaho (Federal Court), Judge Wm. Flemming Nielsen, presiding, made a decision on my case 16 May 2003. This decision was a denial of my appeal concerning ineffective assistance of counsel claims (lAC). This decision was one of the worst I have seen, with serious mistakes in logic, fact and spirit. My attorneys are appealing this very poor display of legal scholarship, but I do not expect any relief from this particular judge.

The past few months have been an extremely difficult period for me. This decision did not help matters, but in a strange way, this judge actually assisted me by making such an ill-conceived decision. When the appeal is moved back to the 9th Circuit Court of Appeals, we anticipate a more mature approach to the case, which deserves the utmost scrutiny. Before I get into the meat of the case arguments, I will give an overview of what has been going on with me at a more personal level.

Yesterday, I had a hearing with the placement committee here. This group will recommend me getting out of solitary confinement or remaining in Administrative Segregation. To be in ADSEG will mean that I will lose many of the meager privileges I have had since 1984. This is strictly subjective, so there is no way to determine if or when I will get out of solitary. I will not be able to paint, as I have, no matter if I go to General Population or not. This has caused a great deal of stress on Death Row, which is already a highly stressed environment. We should know within 2-4 weeks the determination of the Director. On 30 April, I was advised by an officer here, that my brother, Bryan, was now over here on B-Block. It was told to me that he had attacked a guard at the private prison where he had been and that it was a serious situation. When I called my attorney about this, he informed me that he had received a letter from my brother several days before, which had supposedly also been mailed to the Federal Court. All of this was a bit of a shock to me, but subsequent events lead me to believe that my brother did not commit a serious offense at the prison, for he was not officially charged. The letter was attached to our appeal of the judge's decision, which was recently answered by the State. As usual, the State is juvenile and dishonest in its desire to murder me. Lamont Anderson (State's idiot) claims that the letter needs to be authenticated, which will mean we must have a hearing, calling Bryan to testify. Of course, this is a ruse, as the State does not really wish Bryan to testify and make Idaho look like stupid fools. This may have to happen, for I don't see any other way. Bryan asserts in the letter that his attorneys (inferred) told him that we did not want him to testify at the deposition prior to my Federal Evidentiary hearing last Autumn.

I have also been told that my brother intends to sue his attorneys over their failure to represent him adequately. I feel that he may be able to prove that at least one of his attorneys was involved in obstruction of justice, as it pertains to my case.

The letter further states that Bryan killed the couple, Mr. and Mrs. Bravence, and the method he used to commit such terrible crimes. This was all very sad for me to read, as he stated that he was "demon-possessed" when he did these things, as mentioned in the Holy Bible. This confession conforms to the forensics and goes to my ACTUAL INNOCENCE, which is precisely why the State wishes to have no court look at the document. To believe that I am guilty, one must believe Bryan and ignore the lies he has told, coupled with the science disputing his original version of lies. To believe me to be innocent of these murders, one has to once again believe Bryan, but you have to add that you must believe me (I have NEVER deviated from my truth) AND believe the scientific evidence that tends to conclude that the testimony Bryan told to the jury was a lie; IT COULD NOT HAVE HAPPENED!

The State then pulls out the old and tired lie of me having some sort of telepathic control over my brother. They have never proven this, for it is a blatant lie. I quote from the pathetic document filed by Anderson. "Undoubtedly, based upon his tortured history and Lankford's documented history of manipulating and controlling his actions, Bryan will continue to make statements regarding what occurred at the time of the Bravences' murders and then recant them or refuse to be cross-examined regarding the statements." This is the State talking about its only alleged WITNESS, a man that has confessed, in detail, about killing two people, that " has attacked correctional officers and had weapons while in prison, has written in 1998 that he prayed Osama bin Ladin would invade the USA with 10 million terrorists and kill everyone, YET I control his mind?! Preposterous and I hereby CHALLENGE the State of Idaho to prove this definitively! It is only fair that I have a new trial so that a jury can hear all of this, instead of the coerced lies Bryan told to the original jury. The State accuses me of controlling Bryan, but it was the State that threatened to kill him if he did NOT testify against me in 1984! Idaho needs to be held to account! You can read this letter from Bryan by checking the websites or going to the court site (www.id.uscourts.gov/Lankford). The entire situation stinks to high heaven. The decision made by Nielsen can also be found at the above site, but I will answer it in my own way here. The Court, without citation, fabricates my "alleged" version of events, which is what Bryan told me, then ridicules me for the version it made up! The judge writes that this version is farfetched and I agree, for he is the author of the fiction. He states that the jury might well have thought this story farfetched, thereby denying me a new trial, based on his own bogus rendition of the record.

Concerning my original attorney's asking that a jury instruction be given that would harm me, the judge rules that "Fitzmaurice's submission of the erroneous jury instruction could not have been a strategic choice, but was the result of his failure to UNDERSTAND THE APPLICABLE LAW." He then decided that this was "deficient performance". Yet, this only proved one prong of the lAC test. He then ruled that I did not prove that I had established prejudice (harm) to myself by the deficient performance of my attorney. It gets better. The court then said he could not see that I would have been acquitted, no matter "counsel's unprofessional errors."

The Court also finds that Fitzmaurice's performance during the sentencing phase of my proceeding "constitutes deficient performance", yet once again, I was not harmed by this poor representation. To review: I had an attorney that had no experience in capital litigation, had not even had one serious case go to trial as a defense attorney; the attorney gave a harmful instruction to the jury; he did not hire an investigator, forensics expert or anyone else to assist him in a capital murder case; he did not even attend any interrogations of his client; he was ruled by the Federal Court to be "deficient, unprofessional and did not understand applicable law". Yet, this was good enough representation for me!? I can assure you that Nielsen would NOT say that this was good enough representation for himself, his children or his friends! This is indicative of the extreme hypocrisy in the American legal system.

I have fought this facetious court system since 1983 and it never seems to improve. The 9th Circuit Court will look at this case closely, with a three-judge panel. It will take 18 months to two years to get a decision from this court, but there is only one court above it. I am ready for this battle, which will be decisive. If fairness is indeed paramount, if truth and justice means anything to the people of this country, they will work to change the current system, instead of constantly complaining and whining their entire lives and doing nothing! Each injustice like the one I have suffered diminishes humanity and no patriotic rhetoric about how great the USA is means anything in the face of what is done daily to innocent citizens!

All I ask is that the truth be respected and fairness be extended to me, nothing more. Lying to the jury, extorting my brother to commit perjury against me, denying deal-making between my brother and Idaho, lying to appeals courts, turning family members against me...all of these desecrate the doctrine of fairness that Americans hold dear, at least verbally. We need to stand up against lies and unfairness, for the day will come when these sins will be visited upon you. To each of you, I ask for your help in this fight. I would hope that I would have the courage to help you in distress and if there is anything I can do for you from this terrible place, simply ask me. With the good Lord willing and if the creek don't rise, I may be able to experience a little more freedom soon. You will be able to tell by my address. If it's B-Block, I did not get out of solitary. Thank you for your support, thoughts and prayers, I certainly need you all.

3 July, 2003

Mark Henry Lankford
Address

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