A tragic accident in 1991 resulted in an accidental death. Through a Catholic priest, I attempted to do the right thing with a negotiated surrender to the F.B.I. However, after surrendering, the FBI agents violated their pre-surrender agreement, suppressed evidence and committed perjury at trial concerning it. The priest spent months attempting to have the FBI honour their pre-surrender agreement, until he received a threatening telephone call from an anonymous person warning him to stay away from the case. Incredibly, the priest has since refused any contact with me. Even more incredibly, the officials of the Catholic church have taken a hands-off position, in hopes it will fade away.
TRIAL AND APPEAL
This case is a well documented example of all that is wrong with the Texas Criminal Justice System, i.e. (1) blatant perjury by law enforcement; (2) the "poster-case" of inept court-appointed trial attorney in a non capital case; (3) outrageous biased actions of the trial judge; (4) severe prosecutional misconduct of witness intimidation, conditioning and manipulation - active suppression of material evidence - stating false facts - and utilizing forensic evidence not even connected to the case; (5) official trial record tampering and alteration. The six year long appeal was a result of another court appointed favourite, an appeal attorney who filed an unwarranted and deficient frivolous brief. The affirmance of this conviction was contrary to well established law and court precedent.
POST CONVICTION REMEDIES
I have proceeded as a diligent pro se litigant ever since the appellate attorney filed a deficient appeal brief in 1993. I have presented valid grounds of error warranting judicial relief in both Texas State and Federal Courts; to no avail.
The crowning touch to this most abusive case is when the Federal Court failed to provide the requisite notice of their decision to deny habeus corpus relief - by their mismailing.
In order to proceed to the next level, in this case, the Fifth Circuit Court of Appeals in New Orleans, Louisiana, I was required to fully exhaust all my claims in the lower courts. When the State had responded to my habeus corpus claims and I answered their arguments, the United States Magistrate Judge made a recommendation to the United States District Judge to deny relief. I then made a detailed objection to his recommendation, specifically pointing out where the Majistrate Judge (1) misquoted the official records; (2) masapplied the law; (3) utilized incorrect standards of analysis and law; and (4) ignored newly discovered evidence material to the innocence of defense, that was actively suppressed by the State of Texas and properly before the reviewing court. This was filed in the district court on March 5th 2001. On March 7th 2001 my inquiry was filed and answered concerning the habeas record for purposes of appeal to the Fifth Circuit if an adverse decision was rendered by the court. This gave clear notice of my intent to appeal any adverse decision. At that point, I did all I was required to do.
On March 12th 2001, the District Court erroneously adopted the Magistrate Judge's report and denied habeas relief. The court then claims to have sent the requisite notice of the decision to me on March 12th 2001, which they further claim was returned to them as undeliverable on March 12th 2001. The court did nothing to remedy the mismailing or ensure the notice was timely and properly mailed to me; they simply closed the case!! As a result, the time for my appealing an illegal conviction to the Fifth Circuit had passed.
I am limited to sending and receiving mail through the prison unit mail room and could not appeal until notice of the court's decision and it was impossible to have anticipated such a tactic by the Federal Court. After a decade of litigation, in which I was always served a copy of all documents, the final decsion of the Texas courts, one that would allow me to escape the State of Texas and seek review in the Fifth Circuit, and I'm not served a copy???????? The Fifth Circuit has recently denied my appeal, stating that I had to timely appeal whether or not I received notice of the District Court denial??????? I am denied the right to appeal an illegal conviction due to the court's error in mismailing. Or was it error??????
I now have a little over two months to seek review in the United States Supreme Court, and that Court does not hear many prisoner initiated petitions. My case desperately needs public exposure and the opportunity to let the facts speak for themselves. Will anyone assist me in exposing this continued miscarriage of justice?????
If you can offer me any assistance or advice, please contact me at the following address:
Robert Jacob Seitz Jr. 00621783
Wynne Unit. TDCJ-ID
Finally, thankyou for taking the time to read the information and I hope to hear from someone who can help. Thankyou.
Robert J. Seitz.