 |
|
Pen Points
Letters to Gay Today |
|
Mike Batey Jailed 15-45 Years: An Update
At a trial that took place in May of 1999, Michael was convicted based on an obvious conspiracy between the Judge, George Corsiglia, and the Prosecutor, Marge Bakker. The trial was nothing short of a kangaroo court, where the defense was cut off at every pass, and the prosecutor was given free rein to question anything she desired. This questioning included asking witnesses if they had had sex with the defendant! Defense witnesses were treated as if they stood in the dock charged with a crime. Bakker did her best to try and cast a shadow on anyone that was not a prosecution witness, which is partly her job. But Bakker went way above and beyond that which is normal.
The jury came back after just a couple hours, and voted for conviction on one count of oral sex. The only evidence produced to this act, was the statement made by Jason, Matthew's brother, that he saw the act taking place. The defense was prevented from introducing pictures of the inside of Mike's house that would have proved that Jason could not have seen anything from where he testified that he stood when he observed the alleged act. This is the same brother who beat and raped his brother Matthew repeatedly over the period of a couple years. Matthew was beaten so badly one time that his spleen was ruptured from a baseball bat that Jason had used on Matthew. After the verdict was read, Mike was led away. Not long after this conviction, the Defense learned that the jury was tainted, in that one juror had not been truthful when asked if she knew anyone involved in the case. The juror was later found to have had a 30-year knowledge and relationship of and with the complainant in the case, David Foreman. Foreman is the live-in boyfriend of the mother of both boys. By not revealing this relationship, the defense did not have a chance to object to her presence on the jury.
The Judge at one point told Mike to hurry up, that his statement to the Court "really didn't matter", so that sentencing could be carried out. In fact, the Judge verbally abused Mike at sentencing, and that which showed all during the trial was let out to freely roam the courtroom as a vicious, sneering hatred. Mike was then sent to Jackson state prison for in processing into the state prison system. Michael's friends and family were devastated at the sentence. The pre-trial investigator had told Mike that he might get no time at all. It was intended as a cruel joke. After witnessing what had happened in this travesty of justice, Mike's friends decided with the agreement of Mike that a state appointed appellate defender would NOT be used. Mike had a court appointed attorney at trial level, and we witnessed the judge threaten twice to throw the Defense attorney in jail for trying to do his job.
Mr. Bendure has taken on the case and cannot believe what he has witnessed so far. Mr. Bendure has moved for a new trial based on the tainted jury, only to find the judge in the case denying the motion out of hand, and putting restrictions on the evidentiary hearing, which the judge has to grant. The prosecution's response to the motion brief was described by Mr. Bendure as "lame". Things got more problematic for Mike once he hit Saginaw State Prison where this writer had to intervene with the Warden on a couple of occasions. Mike has been denied medical treatment and the right to religious freedom. Mike had requested to be confirmed an Old Catholic in this Church, and the Warden refused to allow this to happen. I then informed her that I would sue her, the prison, and the state for abridgement of first amendment rights. Three days later, the Warden changed her mind, and I confirmed Mike in prison. But the biggest problem was that Mike was beaten while in the Allegan County jail by five jail guards, and had his hip constantly kicked by guards. Mike was and is in pain since that incident in September of 1998, and it is expected that he will be permanently disabled by this injury. Mike also had been exposed to hazardous materials while working on an EPA superfund clean-up site before his arrest. He needs blood tests and constant monitoring to ensure that he does not have liver and kidney failure. After repeated phone calls to the Warden, a blood test was finally taken over two months ago. The prison is refusing to release the results to Mike. The prison finally x-rayed his hip, and found a fracture in the area. The prison still has not officially told him the results of the x-ray. Instead, they have sent for civilian x-rays that had been taken one week before his arrest for a back problem. These x-rays will show that no fracture existed at that time. The prison is engaged in what appears to be a cover-up to avoid a lawsuit, or to save money by not treating Mike for his medical condition.
We have since learned that a forged document was supplied to us in response to one of the FOIA's, which was handed to us personally by the Sheriff. The document is a key document that would have revealed to the Defense what happened the night Mike was beaten. A Federal Law suit against the Sheriff, his staff, and his facility, is being filed tomorrow (March 3rd) or Monday in U.S. District Court in Detroit, Michigan. A second lawsuit will be filed against the warden, the prison, and the state, for abridgment of first and eighth amendment violations involving Mike, his medical care, and his right to worship. This author was contacted by the Native American Population through Mike and asked to be added to the lawsuit as a Plaintiff, as their right to worship was taken away from them. This lawsuit will be filed within the next two weeks, with the American Catholic Church, Mike, and the Native Americans as the Plaintiffs. On the criminal case, we are waiting for the judge to get off his butt and make a decision. He is attempting to control everything tightly, and if he succeeds, it's another 18 months before this travesty can get before the Court of Appeals in Michigan. Anyone wishing to help with the legal expenses, which are considerable, may make a tax-deductible donation to: St. John the Beloved Parish, P.O. Box 514, Lanham, MD 20703. This is the Cathedral Parish of this writer. (Note: Even if he is completely exonerated, Mike may spend four years in prison, having already lost all his worldly goods, reputation and been separated from his son during his formative years. These four years will be absent from the ten his doctor gives him to live.---ew) Archbishop Bruce J. Simpson More About Stopping Dr. Laura A quick update on how things are going with StopDrLaura.com.
All in all, it's been quite a trip, and really a pleasure to see the community turn out in force on this issue.
Thanks,
|
Michael Batey (left) was convicted of having oral sex with his nephew (right) in a trial that has been clouded by controversy 
Archbishop Bruce J Simpson, co-administrator of the American Catholic Church, gay activist, author of "Diary of a Gay Priest", "Growing Up Gay and Hated in the 90's"
Geoffrey Fieger 
John Engelmann 
The way we see Dr. Laura ... 
© 1997-2000 BEI