Friday, April 13, 2018

The Beginning

Since our journey into the legal system began, I have come to learn of The Innocence Project. Here are some facts from their website:

The Innocence Project represents clients seeking post-conviction DNA testing to prove their innocence. We also consult on a number of cases on appeal in which primary counsel represents the defendant, and we provide information and background on DNA testing litigation. To date, 353 people in the United States have been exonerated by DNA testing, including twenty who served time on death row.

These people served an average of 14 years in prison before exoneration and release.

 

The Innocence Project’s full-time staff attorneys and Cardozo clinic students provide direct representation or critical assistance in most of these cases. Our intake and evaluation staff conduct extensive research into each case to determine whether DNA testing could be conducted to prove innocence. The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.
https://www.innocenceproject.org

 



The Beginning...

 

“And Abraham drew near, and said, Wilt thou also destroy the righteous with the wicked? Peradventure there be fifty righteous within the city: wilt thou also destroy and not spare the place for the fifty righteous that are therein? That be far from thee to do after this manner, to slay the righteous with the wicked: and that the righteous should be as the wicked that be far from thee: Shall not the Judge of all the earth do right? And the Lord said, if I find in Sodom fifty righteous within the city, then I will spare the place for their sakes. And Abraham answered and said, behold now, I have taken upon me to speak unto the Lord, which am but dust and ashes: Peradventure there shall lack five of the fifty righteous: wilt thou destroy all of the city for lack of five? And He said, if I find there forty and five, I will not destroy it. And he spake unto him yet again, and said, Peradventure there shall be forty found there. And he said, “I will not do it for forty’s sake. And he said unto him, “Oh let not the Lord be angry, and I will speak: Peradventure there shall be thirty found there. And he said, “I will not do it, if I find thirty there. And he said, behold now, I have taken upon me to speak unto the Lord: Peradventure there shall be twenty found there. And He said, I will not destroy it for twenty’s sake. And he said, Oh let not the Lord be angry, and I will speak yet but this once: Peradventure ten shall be found there. And he said, “I will not destroy it for ten’s sake.” Genesis 18:23-32 (KJV)

 

“Better that ten guilty persons escape than that one innocent suffer” – English jurist William Blackstone

 

“…it is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death.” –Maimonides, 12th century legal theorist.



Many people have expressed similar sentiments as Maimonides, William Blackstone, and Abraham the Patriarch of the Old Testament. Many Americans take for granted that our legal system operates under the presumption that you are innocent until proven guilty, in an ideal world, that would be the case. So many of us live in blissful ignorance, believing that things are ideal, and this is the way that the legal system works. I know that I was under this illusion of idealism. That is, until it came and hit me square in the face.

 

The journey of my family into the depths of the legal system began for us in the fall of 1999, a season for us that would begin a long season of heartache. We were a young family of three, expecting our second child, a daughter. I had just transitioned to a new full-time job at a private liberal arts college; I had been there for just about a year and had been working per diem as a Certified Nursing Assistant. We had a charming home in Marion, Iowa, a town just outside of Cedar Rapids, the second largest city in Iowa.  My wife's pregnancy progressed as normal; one day when we had an ultrasound, it was determined that Natalie was breech. We went to our regular appointments, and as I said things were normal, we had a non-stress test, and things again came back normal; as our pregnancy progressed, our daughter Natalie kept switching positions between breech and Vertex positions. 

Our due date came closer and closer...Natalie was still breech. Then a few days before her due date, she turned and was in the right position. Natalie's due date came and went a week, then two; the maximum that doctors would let us go was soon to be upon us. I went to work on the Friday before Natalie was to be born (unbeknownst to us) everything went as it normally did on a Friday at the college. I got a call from Beth, and she sounded nervous. She told me that she had not felt Natalie move very much that day. I was a bit concerned, and said that maybe she should call the doctor; did she want me to come home? She said no, she would wait; after all, we had an appointment on Monday anyway. We went in for our normally scheduled appointment Monday morning. I had taken time off from work to be there. I was sitting out in the waiting room with our son Derek when Beth was taken back. After a few moments, a nurse came and got me and said that another nurse would sit with Derek. My heart started racing, I was not sure what was going on, but I began to feel uneasy.

I went into the room where my beautiful wife was and could see that she had been crying. The nurse told me that the doctor would be in soon to talk to us. The doctor came in and began to use the ultrasound. She then preceded to tell us that she could not find our daughter's heartbeat. I was devastated...I am certain that my poor wife felt worse. I remember clearly cursing God. I remember asking, "How can there be a loving God who would allow this to happen?" I immediately apologized to all who were in the room and told them that I knew that what I had said was wrong, and that I knew that there was a loving God. I simply did not understand why he had allowed this to happen.

The doctor explained to us as best as she could what she thought had happened. A cord accident. My poor wife was devastated. I remember her saying that she felt as though her body had betrayed her. She has carried that blame that she placed on herself for an exceedingly long time. I am not sure if she will ever be free from that burden, she wears this side of heaven. The doctor then told us what our options were. We could go through a "Normal" childbirth (what about any of this was "Normal"??) and wait for things to happen naturally ("Naturally"?? on what planet was it natural for a poor mother to have to go home and wait for her stillborn child to be born when her body decided it was time? As it turns out, this happens far more often than you would imagine) or we could go right over to the hospital and induce labor. We chose that option. We called family and let them know what was going on, my parents, Beth's dad and sister, our pastor. We called Beth's cousins to take care of Derek while we delivered Natalie.

Our precious baby girl was born silently on September 13th, 1999. Almost 16 years later, that day is still an extremely hard day for me to make it through. I remember holding her, singing "Return to Pooh Corner" to her. They asked if we wanted pictures of her, of us holding her. I was not sure about it, I mean, I had mixed feelings. I am so extremely glad that we did. We all held her, Beth's cousin brought DJ in, and he held his baby sister. I miss her so very much. Our journey was just beginning, however. Beth's mom had been in the hospital at the same time as we were; she had a slow growing brain tumor that caused her to have a seizure. Doctors removed as much of it as they could, but they could not get all of it. It was benign, thank God, and so slow growing that it would not likely affect her again in her lifetime.

I went and picked my mom and dad up from the airport, and they came to stay with us to help us through this challenging time. I went home to get my mom and dad settled in and then went back to get Beth from the hospital and bring her home. The next day, my dad and I went to the Funeral home to meet with Mike, the Funeral Director. We did not have any money, but he helped us out anyway, we did not want Natalie cremated, we wanted a burial plot where we could visit her. He helped us pick out a nice little white casket to bury my precious baby girl in.

It is now 16 years later, and I still get all emotional and tear up when I think and talk about it. She would have been 16 years old this September. She would be talking about boys with all her little friends, how much she hated chemistry or math (like her mom). Looking at magazines containing prom and wedding dresses. Thinking about her future, if she would go to college and what for, (likely start out as early childhood education, LOL). In my experience, most girls I know start out that way. She would have been a freshman in high school, getting ready to enter her sophomore year in the fall. Instead, we were picking out clothes for her to be buried in. It did not seem fair, it still does not. We were good people, good parents, good Christians, why should some crack addict's baby live and ours die? Although my faith in God wavered a little at first, ok, a lot. I knew that somehow, this was the right course for our lives, I had to trust Him. I did not know why, but that was ok. It had to be. I could not change it; I could not take away the ache my wife or I felt when we should be getting up for late night feedings. I could not take away the memory of the last 10 months...

Later that day when we came home from the Funeral home, I forget exactly what I was doing; perhaps letting people know the arrangements when there was a knock at the door. My mom or my dad called me and told me that the police were there and wanted to talk to me, I was of course still in shock from everything that had occurred over the last few days. I had no idea why the police would want to talk to me. I had never done anything wrong. At any rate, I spoke to them; they said that there were some questions that a detective had wanted to ask me about a crime that I had allegedly committed in Massachusetts. I had no idea about what they were talking. They advised me not to leave town, that someone would be in touch with me, to which I crassly replied, I am making plans to bury my daughter, where would I go?

We held Natalie’s funeral on that Friday. Another day that is forever ingrained in my brain. As hard as I might try to forget any of these things (I do not really want to mind you, but just to dull the pain) I cannot. The pain is still as fresh as it was back then. I remember many of my co-workers from the College and the Computer store where I worked coming to the funeral. They were so sad. Everyone was sad. There was nothing I could do to help anyone. I could not even help myself. As I look back, I am sure that the event that started this is what really triggered my battle with depression. Losing my baby girl.

On Friday, I called down the police station, since we still had not heard from them. I called and asked for the Detective that they told me was overseeing things. She was not available to speak. Shocking surprise there. I tried not to give it much thought, but it was back there. I was wondering what they thought I could have possibly done that would bring the police to my door.

The story will continue in the next post: "The Middle"

Monday, August 24, 2015

The Middle...

The Middle

"I'm not the kind of person who likes to shout out my personal issues from the rooftops, but with my bipolar becoming public, I hope fellow sufferers will know it's completely controllable. I hope I can help remove any stigma attached to it, and that those who don't have it under control will seek help with all that is available to treat it."

Catherine Zeta-Jones

 

The weekend was normal for us, as normal as it could be. Many tears. If I remember correctly, we did go to church, where many people offered their condolences. It was thoughtful of them, and I know that they all meant well, but no words could change what had happened, nothing could bring our baby girl back, but still, it was very thoughtful of them. We all comforted each other as best as we could, it was all we could do at this point. 

 

Life went even more askew for us the next day. Monday, September 20, 1999, is another day that will forever be burned into my brain. This was the day that I was arrested. I had got up as I normally had every day; I ate some breakfast and had gone into the bedroom to get my clothes to take a shower. There was a knock at the door. Someone called for me, I cannot remember if it was my mom, or dad, or Beth, but someone called me and said that the police were back at the door and wanted to talk to me again. Even now, I am filled with anxiety writing about this, the feeling of that day and the emotion tied with it is so strong that it threatens to overwhelm me. 

The officer at the door told me that he needed to take me downtown, as I had been positively identified as the perpetrator of a rape in New Bedford, MA, and they had been waiting for a Governor's Warrant from the State of MA to arrest me as a fugitive from justice. They did not tell me who I was suspected of raping, my mind raced, I had never done anything like this, and I couldn't wrap my head around it. I was trying to think of who could accuse me of such a thing. I had never said a mean word to anyone, let alone hurt anyone, not deliberately. I explained to the officer that I did not understand what was going on, and asked if I could take a shower before I went with him, as I had just been about to do that. He said that would be fine. I showered and got dressed. They sent additional officers to assist, since it had been a long time since he had been at the door. The officer was gracious enough to not put me in handcuffs in front of my three-year-old son. I went with him again thinking that there must be some mistake and that this would all be cleared up quickly. I was completely wrong. The journey that lay ahead of me and of us as a family would take over ten years to resolve.

 

I was taken downtown and booked. Treated like a criminal, which in the minds of the officers, I was. I was kept in a separate unit, it was explained to me that I was accused of the worst imaginable crime, rape of a child. I was told who the alleged victim was, the daughter of my stepdad’s brother's stepson. This was inconceivable to me. I had a child of my own; I could never hurt a child. To me, based on how I was brought up on the Christian faith, this was the worst thing that a person could do. The thought made me cringe. I called home to try to find out what was being done to get this resolved; my family had contacted a friend, an attorney who was formerly an assistant DA. He outlined what would happen next, that I would go before a judge or magistrate and I had the choice to either waive extradition (which I did) and go back to face charges voluntarily (in custody, of course) or fight extradition. To me, it made no sense to fight it, as I was innocent, and in my mind, I still thought and believed that this would be resolved quickly.

 

I met with an attorney that was appointed to me for a very brief time before we went up to see the judge, he was just about useless, I waived extradition, and was told that I would be held until Massachusetts could send someone out to get me. I was held for about two weeks, although it seemed like it was a lot longer. During this time, I was treated just as if you would expect someone accused of what I had been accused of to be treated. I was kept separately from others, except those that would not harm me, but they still had access to my clothing when I needed it to be washed. One time, I had sent my underpants to be washed, and they came back so bleached that it burned my skin. The phones were another issue. I had no connection to the outside world, and the phones were only on in the unit I was in for a brief period. I submitted what is known as a "Ticket" to try to get some assistance with the phones and other things and was actually threatened by a guard to be put up in the General Population. I was petrified of this. I had heard stories of what they do to people accused of the crime I was accused of there. I did get some visitors; my dad came up to see me with my wife and my son. My wife had told my son that I was at work. I remember clearly him saying, "Dad, I like your work uniform". He did not know, could not know what was really happening. When I think of him saying that now, it breaks my heart.

 

After about two weeks, MA got around to sending someone out to "collect" me. A state trooper and the "investigator" who was investigating the case. He was a real piece of work. He kept badgering me to try to get information from me. I did not have anything to give him. At one point, I told him that I was not going to talk to him about it at all. He said, "It's a long trip, you don't want to talk at all?" I said I would talk about anything you want, except this case; you want to talk about the patriots, fine, leave me alone about this. He did not. At one point, he said that he thought I was trying to pin this on my brother. I never said any such thing to the man. I merely said that I was never involved in babysitting this child; in fact, I had almost no exposure, ever to the family. 

 

 We sat in the back of the plane, me with cuffs and shackles on. I can only imagine what other passengers must have thought. The State trooper said that if I wanted, I could use his jacket to cover the handcuffs. I said, I do not have anything to hide, or anything to be ashamed of, I am innocent and refused his offer. We arrived in Rhode Island at TF Green airport late in the evening of what had to be the 30th of September. I was placed in the oldest working jail in the country, Ash Street Jail in New Bedford, MA. Again, I was treated horrendously. They took my shoelaces; they took my glasses, my belt. One of the guards again threatened me and kept calling me a pedophile. I maintained my innocence, which only made him madder. I was booked there and told that I would be going up to court in Attleboro District Court the next day. I was allowed one brief phone call, in which I let my parents know that I was ok, and asked that they let my wife and other family know, and that I would be in court in Attleboro the next day, that they should bring bail money and they told me that our friend, the former DA would be handling my arraignment.

Morning came, not soon enough, and in actuality, this was the beginning of the darkest night of our lives. A night that lasted 10 years in the legal system and continues now as my family and I battle the mental illness that was triggered through this entire trauma. In the morning, I was given back my glasses, which had conveniently "broken all by themselves" or, they had been broken when I gave them to the guard (SMDH). I was transported in one of the most comfortable vehicles I have ever had the privilege to ride in my entire life, more comfortable than any limousine you can imagine... There were these wooden benches, which were not really fastened down to anything, and they were in a Metal van, there were three sections in the back of this van. Divided by steel grating dividers. Did I mention that I was shackled by a chain that started between the handcuffs I was wearing, went down slightly, around my waist, and then a longer chain which was chained to my leg irons. My head hit the roof with every bump we went over, anyone who has ever driven in Massachusetts, will tell you, there is no such thing as a road without potholes. About an hour or so later, I was in the holding cell in the courthouse, awaiting my arraignment.

My Attorney that was managing my arraignment was able to come down and meet with me briefly before the arraignment began. He explained to me that I was to utter two words only during the arraignment, Not Guilty. Anyone who knows me knows that I am a nervous talker. I have always been for as long as I can remember, they also know that I am a staunch believer in the truth, and it was unfathomable to comprehend that I was accused of these crimes...It was very hard for me to simply say Not Guilty and not elaborate, but by the grace of God, I did just that.

I was granted bail at $5000 cash, or $50,000 surety. I also had to report weekly to a probation officer as a condition of my bail, as I was considered a flight risk (even though I grew up here, and had long standing roots in the community, and my family was here). I would have to imagine it is because my wife and son were not here yet, as well as the seriousness of the crime of which I was accused. Nevertheless, I was innocent and was going to do whatever it took to prove that. My grandmother posted bail for me, and I was released that afternoon after what seemed like hours and hours of paperwork. The next step in the journey for me was to find work and get my wife and son out here.

The next step in the legal process was for the matter to go before a Grand Jury for indictment, or a direct indictment, a Grand Jury has a preliminary hearing to decide two things: a) has a crime been committed and b) could this person have done it. A direct indictment is one in which the case is sent directly to trial before a preliminary inquiry is completed, or when the accused has been discharged by a preliminary inquiry.

My case went before a Grand Jury. The Grand Jury found that there was enough evidence to meet standard a, and that I could have committed the crime based on the evidence that was provided to them at the time (this information was incomplete, as I had military records which would have shown that I did not really have an opportunity to commit this crime or any other, but I didn't have easy access to them as I had thrown away my hard copies, and had to obtain new copies). My case would be moved up to Superior Court.

I found a job at the McDonalds where I had worked before moving to Iowa. The same woman owned it that had owned it when I worked there previously. I met with her, and explained the situation, she couldn't believe it and said immediately that she would start me back to work as a shift manager, and she would be flexible to meet my new schedule with court appearances and probation and such, which was a real blessing. I am profoundly grateful to her for this. It wasn't the best job in the world, and was a job I thought I had left long behind, but  I had to support my family.

This was a truly trying time for us, me being back in MA (I truly felt unable to mourn since I had been ripped out of the situation completely), my wife still mourning the loss of our daughter and ill with some sort of respiratory illness. My son was ill with a respiratory illness, wondering where his dad had gone, mourning and grieving for his lost sister (as much as a 3 year old is able to understand what had happened. Separated through no choice or fault of our own. My wife had to apply for public assistance to be able to pay the rent and eat, meanwhile, I was sending every penny I made that I didn't need to live off of back to her, and the state was going to make me pay child support back to them since I was out of the home and they were receiving cash benefits. Did you get that? I was out of the home, involuntarily, by the state of MA being prosecuted for a crime I didn't commit and my family was forced to rely on public assistance to survive, me sending every penny I could to provide for them, and now Iowa was going after me for child support.

Given all of the recent events, I began to get physically ill; I also was suffering depression and severe anxiety. I was diagnosed with PTSD and subsequently treated with Anti-Depressants and Anti-Anxiety medications. I ran the gamut of available Anti-Depressants available at the time, and found some that made things a little better, but not much. I needed my wife and son, and I needed this nightmare to end. My in-laws made arrangements for our stuff to go into storage (most of it) and my sister and her then boyfriend moved into our house in Iowa. Beth and DJ came out to live with my family and me. My brother and sister in law and their son moved to an apartment in Foxboro, to make room for my family. So now, there were eight of us living in a 2.5 bedroom apartment. You talk about cramped. It was insane. My family God love them is extremely loud (Washburn/Groom/Brophy genes, what can I say), and it was loud, and crowded. Too much. We began looking for a place of our own after just a short while.

We found a place about a mile or so from where my parents were living. A two bedroom that was nice. Our own home again. Beth made plans to go back to Iowa with Derek so that she and her family could arrange to pack our belongings to transport them to MA. My sister and her boyfriend had been living in our house so that it would not sit empty. It would be good to have our belongings and be independent again. Beth's dad and Granddad drove the truck with our things in them and Beth, her mom and Derek drove our car back out here.

We were settled in our new home and I continued working at the McDonalds where I had worked as a teenager, during this time, my family also parked cars for a friend who owns an office park about a mile from what was then known as Foxboro Stadium where the New England Patriots played. We would park cars on Game nights as well as concert nights. We would make a decent night's wages, and I would collect cans and bottles that people would discard to make extra money. Many nights I made $300-$400 in cans and bottles. We also would make 75-150 each per night. Our friend who owned the park was a huge help to us during this time of trials that we were going through. He asked how I was dealing with legal fees and helped me to get a new job where I worked during the day as the in-house IT person for an accounting firm that were tenants of his. I did this during the day, and worked evenings/weekends at McDonalds for several months.

Working two jobs, the high stress of the legal fight we were facing and my inability to grieve left my body in a state where I was getting so physically sick that I could not go to work. Over Christmas that year, I ended up in the hospital with a severe case of Diverticulitis. I was in the hospital for almost a week, on Morphine, another pain medication, and a cocktail of IV antibiotics. During this time, I was let go from my job at the accounting firm, even though they knew the basic details of my legal situation, and were understanding and accommodating I ended up losing my job there due to my illness and ultimately due to my hospitalization, the reason that they gave for terminating me was abuse of the company sick policy. (They had sent me flowers during my stay in the hospital and called me about every day to see how I was doing). I won my unemployment hearing by the way.

Now that we have had some distance, between those events, and that I have given more thought to the matter and given the proximity to the "Millennium”, it is likely that they just really needed someone to ensure that they and the clients that their accounting firm supported were Y2K compliant. It would have been nice to know this going in, I'm sure my friend had no idea, and perhaps this is just my twisted perspective on the matter, I think that I am being objective, I don't feel any anger to them or any of their employees, in fact, we have gone to several tailgating parties that they have before patriots games, and even been given tickets to pre-season games.

I got well, and collected unemployment while still working at McDonalds, since the other job had paid considerably more, and I had only been working part time at McDonalds, I was able to work and still collect my full benefits. I continued working there, and eventually once my unemployment benefits were exhausted, I worked full time with as much overtime as I could physically handle. My frequent court dates and getting "jerked around" by the system along with all the negative things that had happened to my family started to take its toll on my performance at work. My attitude showed the toll it was taking. I ended up getting suspended a few times, and then things are sort of a blur for a  while, I know that I had to have been working, I can't remember where, I assume it was McDonalds, and possibly Roche Brothers as well if my memory serves right. I know one thing; I had begun to drink quite a bit. Beth and I would get together with a couple that I had known since High School, and we would play cards, drink, and eat Chinese food (usually at their place in Taunton). Usually, the men would put away the majority of the booze, the women would usually only have a few drinks over the course of the 3-4 hours that we spent together.

Soon, our friends moved into a vacant apartment in the complex below us. It was great, Our Landlord lived in the apartment across from us, our good friends lived below us, and there was never a shortage of booze if we wanted it, we often had barbeques in the back yard, just our three families, and we built a fireplace out of bricks that my friend had gotten. We would have fires almost every night in the summer and eat out back and drink. Good times, thinking about it even now, although I realize that I drank excessively much. We did not drink every night, but when we did, I would binge drink. Thinking back to my day’s right out of high school, I would binge drink with whatever group of friends I was with. Make no mistake about it, I am not proud of this fact, I merely state it because it is a part of this past that has made me the man that I am.

Time wore on, our son, and our friends daughter were in Kindergarten together, they had a second child, a daughter, who used to follow my oldest around...I can still hear him saying, "make this girl stop following me around." she seemed to adore him. We got some good news ourselves, we were expecting, it seemed like it could not be true at first, I mean we had experienced so much pain and heartache, yet here we were expecting. The feeling was fleeting, we had a miscarriage. Beth and I had to make a tough decision because the baby was large enough that she could be passed, but there was a chance that there could be complications. We opted for a D&C, although I struggled with it due to my moral and religious views greatly at first, I'm not certain where Beth stood, I mean, we made the decision together, but I think she was just hurting too much to have any solid ground for any hard convictions one way or the other.

The procedure was done at the hospital where my second, son would be born just shy of a year later. Where my third son would be born just three years after that. Therefore, although God saw fit to allow us to experience the heartache associated with two losses to this point, he blessed us with three wonderful, strapping young men as well. Seven months and 10 days after my second son was born the world, as we knew it would change forever, I do not mean my world, or my family's world alone, and I mean the entire world. My mother-in-law had been out for a visit and had stayed with the kids. Beth and I had to go to court in September, and we were so grateful that she was out there to be with our children when this happened. There is a song by Alan Jackson, which commemorates this horrific event of which I speak.

"Where were you when the world stopped turning?" I can answer this question as clearly as I can recall the events of that day which forever burned it yet another day in my memory. Beth and I had been in court when the planes hit the Twin Towers in New York City. It was a very quick court date, not sure if it was because of what was going on in the world around us, or if it was just the way things went that day, but we drove home from New Bedford, and had to stop at Target for something, and I remember being in the checkout and hearing someone talking about planes hitting buildings, Thinking back, I remember that we had a cell phone and tried to call my mother-in-law to let her know that nothing had happened in court (as per the norm for us), but that the call wouldn't seem to go through. When we got home, we saw why, even though we had some inkling based on the brief and hushed conversation that we had heard at Target. 

I do not remember if I went to work that day, although, it is a safe bet to assume that I did not. I had been working at a "Mom and Pop" computer store in Easton as the Primary service Technician, serving clients’ computers both in store and on site. I was also in charge of building new systems and sales and eventually even ordering inventory. I loved the job, I have always had a natural bent for Technology, computers where IMHO better and easier to deal with than people, since there was no messiness of feelings and emotions to deal with, by this point, I had been stuffing and numbing most of my major feelings and emotions (Mostly the negative ones, that needed to be expressed in healthy ways) and was pretty much numb to almost everything. I do remember feeling Joy, and what most would describe as love, and it is love in a sense, but only the most minimum sense, towards my family, my wife, kids, mother, father, sister, brother, etc. I say it is love in a sense, because I have long believed, and had the ability to relearn what I had originally known, is that Love (as the Bible describes it) is not a feeling word, but an action word. Love is a noun for sure, but in that form, it is abstract, the ways in which that love which is a noun are demonstrated, those are Love, the verb. The actions show what we are feeling, if we are doing it right.

Romans 5:8 New King James Version (NKJV)
But God demonstrates His own love toward us, in that while we were still sinners, Christ died for us.

This verse demonstrates the way we are to "Do" love. We are to demonstrate to others our love...it is an action word. Christ's example shows us that He preferred us to himself, and so we must prefer others to ourselves. We are all being called to die to self, and live to Christ, in this way, we are able to show our love for Him, and prefer others to ourselves.

Life continued for us in our "New Normal" Court appearances, working, barely making ends meet. As I said earlier we found out soon that Beth was pregnant again. It was exciting but not meant to be. We had a miscarriage, and Beth had to go in for a D&C because the baby was large enough that there could be complications if nature were allowed to take its course. That baby was initially referred to as "Bean”, but we came to find out that the Drs. Thought it was indeed a girl, and so we named her Calliegh Anne Washburn. More heartache, I had a challenging time dealing with this after the loss of our first Daughter. We made it through this next crisis, and things got better. In March of 2002, our second son Joshua was born. He was a cute little kid, did not talk much, just sort of grunted, so he earned the nickname "Cave Baby". We taught him some basic sign language, and eventually he felt the need to speak. Nowadays, the issue is getting him to Stop talking, lol.

Our next big crisis was to take place in June of 2002. I lost the job that I had been working at faithfully for the last two years. I was devastated; things were just getting back to normal with the exception of this legal situation looming over our heads. I filed for unemployment, but the employer contested it, saying that I had been stealing from him, which was not true, but from my experience with him, he was not a nice person to work for/with. He proclaimed himself a Christian but would routinely make racist and offensive statements about persons of other ethnic backgrounds. He also made very disparaging remarks about my weight and so forth. I kept working as long as I could because I needed to be able to support my family.

I continued to look for work after this, but with having to go to court every month, and probation every two weeks, it seemed almost pointless. I kept looking, but we had to apply for cash assistance and continued getting food stamps and MassHealth. This was not how I had envisioned raising my family, and if I am being honest, I was very resentful that God had allowed all of this to transpire.

In September, I got word from my Public Defender. We finally had a date for trial. We now discussed whether we wanted to go with a Jury or a Jury waived trial. Knowing the kind of charges that I was up against, we went with a Jury waived trial. My attorney agreed. I mean it made perfect sense that a Judge would have to follow the law and go by the evidence. There was no evidence except he said, she said since I was not guilty of a crime for which I had been accused. Right?

Radio silence...the answer is wrong. The trial was a few hours long. The DA ripped me apart on the stand, which was not hard to do because although I was innocent, I was very anxious about this whole thing, and I tend to over-talk when I am nervous. Everyone in the courtroom was surprised that the Judge had found me guilty. I was remanded into the state's custody, and was hauled off to Jail to sit in the county lockup until my sentencing in December.

I had a really hard time adjusting to Jail. Firstly, I was not getting any of my meds for anxiety and depression that I had been on for the last 4 years. I got no dental care other than to have teeth extracted. I had heard all the horror stories, of course, and those are the immediate responses that you have when you suddenly find your freedom has been stripped from you. I was placed in the protective custody unit, with other "Offenders" given a cellmate who was very silent and brooding. A "nice" guy in that he offered me advice to stay safe, this was not his first go-round in the joint. He was in for some serious offenses and was very likely looking at prison for the rest of his natural life.

I was essentially all alone. You are not allowed any visitors for the first week or two so you can "acclimate to the environment" I did not even come out of my cell (which was locked down for about 22 hours a day) during "Rec Time". I asked around a bit after a few days if anyone had an extra bible that I could use. Someone gave me one. I began to read it continuously, only stopping to eat, sleep and use the toilet (which was also right there in the cell with us).

After a few days, my cellmate told me that I needed to get out of the cell and get my head out of the Bible or it would mess my head up. I followed the first part of his advice; I did leave my cell during rec time. However, I continued to read my bible. In 30 days, I did something that I had struggled to do my entire life; I read the bible from cover to cover. I mean, all told, I had read the bible through several times in my life as a Christian but never cover to cover this way.

After a few weeks, we were told that we were going to be moved to an outdoor unit. They kept us in the gym while the unit was being prepared. I was no longer going to be with my cellmate that I was first with. Word got to me once we were settled in the new unit that he had hung himself rather than face the rest of his life in prison. This hit me very hard, because although it is not as if we were friends, or even close, he looked out for me when I first got there and human contact, no matter how vile we might think a person is, is crucial to our survival.

I do not really remember much about who my next cellmate was. I remember having more trouble with my adjustment, my mail was being tampered with in that it was delayed or held back from me, my phone calls were of course being monitored, just like everyone else’s. I finally went back to court in December for sentencing. My attorney had visited me prior and told me that he felt as though he had failed me (no kidding) he said that he was going to do everything in his power to make this right. He suggested to my family that they have all of my business associates, family and friends write to the judge on my behalf.

When sentencing time arrived, I was sentenced to 10 years in prison my alleged crime predated truth in sentencing laws which means that in most contexts parole is curbed, which means that convicts serve the period of time that they had been sentenced to. Therefore, I was given what is known in MA as a 10-year Concord sentence, with 4 years to serve and the remainder would be on parole. I would have to register as a sex offender, or this would violate my parole when released.

My attorney asked for a stay of execution (which meant that although I was still in custody, my actual sentence would not be carried out until she heard a motion for a new trial on the grounds of ineffective council). This stay was granted. My attorney set out to find someone to help him with this motion for a new trial. I remained incarcerated until the following March, with routinely scheduled court appearances, I went through the process of getting prepared for court, and being dragged around the state only to get a few minutes from the courthouse to find out that for one reason or another my court date had been cancelled.

This continued for weeks on end as well as the issues with me not getting my mail, and not being able to reach anyone on the telephone. Consider those along with the fact that I had not been getting my anxiety and depression medications that I had been on for a few years (since this nightmare started) and my mind snapped. I had what I can only call a psychotic break. One night after lock down, I got up in my cell and would not stop flipping the lights in my cell on and off. The guard on duty opened my cell door to tell me to knock it off and I shot out of the cell door. He apparently kept telling me to return to my cell but I refused. He allowed another inmate that was what was known as a "Life-Liner", a sort of counselor to help other inmates in crisis come and talk to me.

At this point, something had to be done. I would not return to my cell, I wouldn't or couldn't listen to reason. The guard on the unit called for backup, and twelve guards came in to handcuff me and take me to the medical unit. They were so unsure of my unusual behavior that they did not shackle me or put anything on my feet. I remember as the twelve guards were leading me out of the unit hearing one of my friends yell out, I will be praying for you, I don't remember this at the time, but I have been told that I responded with "Don't Bother". This is totally not me; I am a strong believer in the power of prayer, I have been a follower of Christ most of my life, and normally have a very strong handle on things spiritual.

 

During the time I was in the medical unit I was on what they call "Suicide Watch". I was stripped of all of my clothing, and monitored 24 hours a day. I was not allowed any visitors or phone calls, so my family knew something was wrong, but not what. Thankfully, my sister was in contact with one of the other inmates that I had become good friends with, and he kept them apprised of the situation. I spent about 5 or 6 days in the medical unit, I remember talking through the vent to a female inmate that was in the next cell, trying to understand what was going on with myself, as she probably was with herself, I remember as I started to come back to my senses, singing old songs that I had learned in my youth at Sunday School. I remember talking to her about her worth in the eyes of God, and that she said that she did not think that God could forgive her for all of the bad things that she had done.

 

I finally recovered and was returned to the Protective Custody unit. Now I had to face the disciplinary board because of the incident. I was locked down for two weeks, which meant that I did not get to get out of my cell for rec time, I could come out during showers, and for visits. The guard who had been on duty that night happened to be on shift the day that I came back. I apologized to him and asked him if he would allow some of the other inmates to come into my cell so that we could have our Bible Studies, and I could be included. He agreed, so at least I was not completely isolated from my support system inside the jail.

 

My physical incarceration lasted from October 2002 through March 10, 2003. Only 6 months if you look at it that way, My mental and emotional incarceration lasted much much longer, from September of 1999 until 2014 or so when I finally decided that I was ready to seek help with the issues that caused

my mental health issues. I still have days where I feel like I am still emotionally and mentally jailed, and probably will for the rest of my life, but the important thing is that I am seeking treatment, I am getting help both through therapy and medication that has helped me stabilize my moods. I still have nights where I have terrible nightmares, even though I was never harmed or injured by anyone in the jail, just being there harmed me to the point that I have these due to the trauma. Most days are fine, most nights I do not have nightmares, but when I do, they are terrifying.

 

Here are some fast facts about Bi-Polar Disorder(s):

 

Fast Facts

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PREVALENCE AND TREATMENT RATES

·         7.9 million ~ Approximate number of U.S. adults with severe mental illness (3.3% of the population) *

·         3.9 million ~ Approximate number of U.S. adults with untreated severe mental illness in any given year (1.5% of the population) *

·         5.3 million ~ Approximate number of U.S. adults with severe bipolar disorder (2.2% of the population) *

·         40%* ~ Percentage of those with severe bipolar untreated in any given year

·         2.6 million ~ Approximate number of U.S. adults with schizophrenia (1.1% of the population) *

·         51%* ~ Percentage of those with schizophrenia untreated in any given year

CONSEQUENCES OF NON-TREATMENT

·         216,000 ~ Approximate number of homeless U.S. adults with untreated severe mental illness

·         400,000 ~ Approximate number of U.S. adults with untreated mental illness in jails or prisons

·         13,000 ~ Approximate number of suicides committed each year under the influence of schizophrenic, manic or depressive symptoms

·         10% ~ Approximate percentage of homicides committed each year by U.S. adults with severe mental illness (approximately 1,400/year at 2012 homicide rates)

·         50% ~ Approximate percentage of mass killings committed by individuals with untreated severe mental illness

* National Institute of Mental Health, 2010

ASSISTED OUTPATIENT TREATMENT (AOT)

Number of states with assisted outpatient treatment laws: 45

Sample of results:

New York Kendra Law's study showed that for participants in assisted outpatient treatment:

·         77 percent fewer experienced hospitalizations compared to before participation

·         74 percent fewer experienced homelessness compared to before participation

·         83 percent fewer experienced arrests compared to before participation

·         88 percent fewer experienced incarceration compared to before participation

New York consumer responses to assisted outpatient treatment:

·         75 percent said they helped to gain control over their lives

·         81 percent said it helped them to get well and stay well

·         90 percent said they made them more likely to keep appointments and to take medication

Source: http://www.treatmentadvocacycenter.org/problem/fast-facts

 

 

People with Bi-Polar disorder suffer in silence for 10 years before getting treatment. I know I did. Often, Doctors get only a small glimpse of the picture, only what we allow them to see, we are often afraid of the stigma that comes with the diagnosis of a mental illness. I, myself was afraid that if it became known that I was bi-polar, I would not be allowed to be alone with my children. My wife assured me that this was never come to happen, eventually my fears of this subsided. People who are Bi-Polar often suffer from: Panic Attacks, Paranoia (every time the boss calls me into her office, the first place my mind goes, even though I know I have done nothing wrong) is oh no! Here it comes, the axe is going to fall. There have been times when it has, but most of the time, it is just paranoia getting the better of me.

 

If I can end one day, one minute of suffering of one person by sharing my story, it will all have been worth everything that I have been through. I hope that if this person is you, that you will learn from my story, that you do not need to be alone and suffer in silence. I genuinely believe that God allowed me to experience these trials and tribulations for this purpose. I know it sounds cliché, but it is most certainly the case, God does allow, let me be clear, he doesn't send them (See the book of Job) but he does allow them in order to strengthen us, to mold us, to teach him to rely on HIS strength, his peace, his comfort. To remind us as the scripture says in Proverbs 3:5-6 "Trust in the Lord with all your heart and lean not on your own understanding, In ALL your ways acknowledge HIM, and HE will guide your paths straight..."

 

One of the greatest lessons that I learned through the ordeal of being imprisoned for something I didn't do was to learn to be content, no matter where I was, no matter what the situation. Being content does not mean lying back and just taking it, it meant being at peace at where I was and not letting it affect me negatively so as to change me into a person I wasn't. It would have been extremely easy to just become another number in the system, my own little personal version of Jean Valjean number 24601. In becoming what they wanted me to become, I would be losing my own identity, thus giving control over to them that was not rightfully theirs. The control in my life belonged to God, and he taught me that I could rest in Him, no matter wherever, through whatever, and that he would hold me and protect me.

Another lesson that I had to relearn through all of this was to allow others to help me by bearing my burdens with me. I have struggled with this for so long, it had become near impossible for me to share these burdens, I felt that they were mine to bear alone, again, not that I had done anything that would cause my family these hardships, but because I was here, they experienced them, I struggled with that guilt. The scripture warns us in Galatians 6:2 about this: "Bear ye one another's burdens and so fulfill the law of Christ." This applies to us as believers in Christ, if we are not allowing others to help us bear our burdens, we are not fulfilling the law of Christ. We are also, and primarily to exchange our yoke for the yoke of Christ. in Matthew 11:29-30 the Lord commands us with these words: "Take my yoke upon you and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls. For my yoke is easy and my burden is light."


We must learn and often re-learn these truths until they become second nature to us. We are never truly alone in our struggles. Even if it seems that God is far away from us in times of trouble, He isn't, it is our hearts that are far away from him, and far away from others. If we just let ourselves exchange those heavy, burdensome yokes, for His light one, and allow our friends, and loved ones help us in our burdens, we will do well in life. I struggled for a long time to overcome these demons that I face, and though they will never likely ever subside completely, with medication, therapy, prayer, support from family and friends and the support of others who are experiencing similar trials, I can make it through this day to the next, and the next, and the next, one day, one minute, one second at a time.

 

If you struggle with Bi-Polar disorder, or you or someone in your life suspects that you do, I urge you to get help for it, get into therapy, get a Psychiatric doctor, get diagnosed and get the help you need before it overwhelms and consumes you, it will do so if you let it, I was almost at this point when I finally sought treatment. Do not let it get to the point that I was at, it will just cause you great heartache. In this end, I believe that this was a large contributor to the ending of my first marriage. I had just gone for so long without getting the help I needed that it became difficult for me to engage in that relationship. Not saying that this was the only factor, but it was definitely a significant factor. It affects all of your relationships, my interactions with my children, my other family was not what it should have, could have been. It caused me to isolate myself from family, from friends to the point that I now have only a handful of people I count as friends. DO NOT let it get to the point that I was at, seek treatment, you will thank me if you do.

 

All the while I have been struggling coming to terms with my own mental illness, one of my sons also developed mental illness. At first it appeared to be OCD and Major Depressive Disorder. He began self-harming, and ended up going to an inpatient treatment center to help him stabilize. From there he went into a CBAT (Community Based Acute Treatment) Program, at first inpatient, then on an outpatient basis. During this time, I became his primary caregiver all the while struggling with my own mental illness issues. I was beginning to get a handle on it, but still not at 100%. But I had to be certain that he was in a place where he was stabilized. He has since had a relapse, and we are seeking to have his diagnosis re-evaluated. He seems to fit into both a Bi-Polar and Borderline Personality Disorder diagnosis, but that has yet to be determined positively. I have been stable for several years with medication and therapy. I am currently involved in a day program 3 hours a day 5 days a week to help me with socialization and learn coping skills for dealing appropriately with my anxiety and Bi-Polar disorders.