The Free Mark Lankford Defense Project

Random observations, edition 9, 11th August 2005

It's been 6 months since I last visited in this format and quite a few things have happened. I will soon begin my 23rd year of incarceration, all but about 7 months of it in solitary confinement. I remain in solitary, due to the lack of creative thinking and courage on the part of the IDOC. Of course, we can't expect enlightened or even fair treatment from such a disgraceful, wasteful and disfunctional state agency.

The end of my legal appeal is now in sight, as we await the scheduling date for "Oral Argument" before the 9th Circuit Court. After this proceeding, all we have left to anticipate is the Decision of the Tribunal. It has been a long hard fight since 1983, but my intensity and desire has not diminished. I will fight these liars and would-be murderers every minute of every day. It's a shame that my representation, while good and experienced, does not share my defiance in the face of the rank injustice. Having said that, Andrew Parnes did a very good job on our final "Reply Brief".

This "Answer" to the state's pathetic assertions (lies) lays out how innocent people can be destroyed by deceit and arrogance on the part of the government. We filed this document on 13 July 2005 and I will briefly recap the positions.

The state of Idaho posits that the "Deal" made by Idaho County and my brother, for Bryan's perjurous testimony against me, has been "consistently denied" by the state. This "consistent" denial flies in the face of a decision made by the Idaho Supreme Court that a "Binding Plea Agreement" did, in fact, exist. The state then asserts that Bryan told the jury he believed he had such an agreement (which was denied by the prosecutor). This was sufficient to overcome any "nondisclosure" violation on the state's part! This is circular logic and blatant attempt to cover up the state's criminal acts! Idaho's position is in opposition to the truth and should not be allowed, nor dignified.

My attorney challenges this school-yard posturing with this: "It would be unacceptable under our jurisprudence to permit the execution of Mark Lankford when his jury was not informed of a binding agreement with the only alleged eyewitness to the crime, who may himself be responsible for the murders." Since my brother has recanted his false testimony on numerous occasions, detailing exactly what he did and my innocence, it certainly is a manifest injustice that I remain in prison, much less facing execution.

Interestingly, the state knows they could never win were I granted a new, fair trial. This statement found in their brief tells the tale: "While there may have been no witnesses to the actual murders, the state presented significant evidence surrounding the events immediately before the murders and after that could have been used to compare the two brother's testimony". They can't have it both ways! There are no witnesses? What "significant" evidence? The truth is constant, but Idaho does not wish to face the truth. We can only hope that the 3-judge panel will see the lies and cover-up for what they are and vacate my conviction, ordering a new trial!

Some news from my vantage point:

1 - Jimmie Thomas, a condemned man, 61, that lived in the cell next door to me, died of a heart attack on 14 April, right in front of my cell! They could not revive him, but from our conversations, he did not want to live. He was in very bad health and was concerned about his mother dying before he did. He told me he did not believe he could take that news. May he rest in peace.

2 - Faron Lovelace, a man condemned for killing a man that was torturing a young girl, had his sentence reduced to "Life". Faron is a white "separatist" and has gone more and more insane over the years. A few years back, he tried to kill himself by cutting his arms and legs. He came close to success. I pray he will find a purpose in life.

3 - Warden Greg Fisher "retired" in mid-June, but I say, it was a forced retirement. Also, Deputy Warden George Miller was moved to another prison, probably screwing it up as I write this! Good riddance to both of these incompetent, bottom-feeders. John Hardison replaced Fisher, but Miller's position goes unfilled, possibly due to lack of interest. I would apply, but I'm too honest and possess too much integrity to tell lies everyday!

4 - The two amateur racists that attacked me from behind, like the cowards they are, remain in solitary, but have not been criminally charged. Spurway has ratted on Adair and his conspirators, but Idaho seems not to care about Nazi crimes. Adair has been bragging about the cowardly attack, saying that Idaho is too gutless to prosecute him because of the negative publicity. He has a point.

5 - My attempts to get out of solitary and my requests for a job go unanswered. The block sergeant and Warden Hardison told me they had no problem with my having a job, so it must be Beauclair's office thwarting my progress. As I feel we will have an answer from the court by winter or early spring, I need to maximize my efforts and I need plenty of help and support from all interested in this situation.

6 - My friend, Jerry Pizzuto, was moved next door to me July 1. His legal case is at its end and he feels he has only 60-90 days before execution. We have talked all of the issues out and since he is in such bad health, he is heavily medicated. This is very sad for me and many others, but because it was long expected, you would think his lawyers would be better prepared. This is not the case, from what he tells me, as there seems to be a lot of emotion and tears from them. To be fair, he has done a lot of bad things and his case was about unwinnable, but still...

I am leaving politics out of this edition, for almost everyone knows how I feel about the current world condition. I will say that terrorism, which has been used since humans have existed and continues to be used on all levels, is unacceptable for decent, fair-minded people. The great dilemma for all of us, no matter the false rhetoric of politicians, is that terrorism actually works; it gets results. Conditions must change at the most basic foundations of life, be they spiritual, judicial, religious, occupational, political or even more basic, dealing with hunger, poverty and disease. Without such change and the leadership of real, fair-minded people, we will only see a further decline in society and an increase in the use of terrorism as a political tool.

I have received a letter from The Innocence Project, once again declining to assist in my case. Though I have never written to them, this is the third such letter. After all of these years, I am accustomed to denials of assistance. To be sure, such groups are swamped with requests, but it seems they only accept the easiest ones. I also received a letter from Sister Helen Prejean's office in New Orleans. They are praying for me. God must certainly have heard my name millions of times. Thanks to Sally Montana for writing in my behalf and to all these that pray for me, write to me, help support me, spread my message, defend me and talk to me on the phone. My attorneys have done what they could. Is it enough? We shall soon know.

I saw a movie entitled "Million Dollar Baby" and I would encourage everyone to watch this film, with an open mind. If it does not bring a few chuckles and tears, get your pulse checked!

I may not have many editions of this project left to write, but no matter the legal outcome, I remain strong and steadfast. Native Americans, when facing battles, would honor their adversaries, if those warriors were brave, noble in the cause and honest. I wish I could say the same about Idaho and my enemies. Unfortunately, they are not noble, brave nor honest.

Natives also, when faced with those that broke tribal rules, used restitution and reconciliation in response. Our society does not follow this wise path, instead using retribution and condemnation! Where is the redemptive virtue of the heart of faith, of wisdom? Remember that those that demand retribution, death and revenge will be embraced by these, not only when they seek to employ them, but for always and a day!

Be wise in all you do. I bid you peace and love,

Mark H. Lankford #20489
Address

Titelblatt / Title sheet / Otsikkolehti / Avaleht
Nachrichtenordner / News folder / Uutiskansio / Uudistealbum

Publisher: see title sheet