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Update from inside Prison to Gazette

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After my last issue I sent a letter to Shane, along with his Gazette, asking him to send us a more complete timeline of what happened from the Feburary 2001 arrest to the present, in order to be able to include it in this next paper. I received his 11 pages late Sat., handwritten, and we spent Sunday afternoon and evening typing it into the computer and inserting the text into this issue. Tht first part and the attached letter from his father Joe, deal with the fund for his appeal. The rest is the timeline of his story. W.C.

I was pleasantly surprised by your 2nd issue article concerning my situation. It is a relief to know that many people "back home" care enough to get involved. I am enclosing the detailed account of my time between my arrest and conviction. Also, information on how people can contribute to my legal fund is included.

It's sad that our justice system has become defective and unreliable at times, but it is. I'm glad to be an American, but there is no room for mistakes in justice when men, women, and children's lives are at stake. We see it on the news frequently. Justice is reserved for those who have the financial means to afford the best attorneys.

It isn't only in criminal justice. The best example may even be corporate America where the largest, most influential organizations attain massive legal practices and lobbyist groups to push forth their agendas. The result is a society which is influenced by capitalism to the extent that making money becomes more important than achieving the common good of the public.

Whenever this occurs on a personal level as in my criminal case, the outcome is injustice that consumes every- thing in my life, including my freedom. In a response from my first article in the Gazette, a man wrote me and said: "The bottom line in my experience is that when the chips are down, as in your case, justice will never prevail unless the officials involved will benefit in some way personally."

While I may not be this critical, I do believe his theology that human nature is innately selfish apart from God. Thus, if the motives of our Justice System are not founded on truth, the foundation is flawed and injustices will occur. In light of these things, I believe that winning my appeal can be accomplished through an experienced

attorney who is knowledgeable of our system of justice today. I know of a few men who have hired Randy Schaeffer of Houston. He is probably the best appellate attorney in Texas. It is my understanding that he has more than an 80% success rate. He is ranked as a "Texas Super Lawyer" every year. The cost is probably between $45,000.00-$75,000.00, depending upon his strategy. However, a true quote would only come from his office. This is something I need if commitments are made. I'm not in a position to make requests but I've heard it said "It isn't what you know but who you know."

I believe that it is both who and what you know. This is why I'm convinced that my solution is an attorney such as Schaeffer with experience, proven success, and contacts around the state. A contribution to my Legal Fund can be made by sending a check or money order payable to me, "Shane Holmes", with the memo line notation "Fund 5073" to: Prisoner Assistant, 482 Summit Wind Drive, Suite #704, Lake Harmony, PA 18624-0704. Please do include the fund number to ensure that it is applied to my account. No personal mail is forwarded from that address. If you wish to notify me of your donation, please write me here at:

Shane Holmes #1177582

Polunsky Unit,

3872 FM 350 South

Livingston, TX 77351

I will gladly respond with a card or letter expressing gratitude for your kindness and offering toward my injustice. Your consideration and prayers toward my cause is also needed and appreciated.

Ok, now let's go to the "timeline" of my story:

I was awakened at approximately 4:30 AM, February 14th, 2001, by the voice of two men in my home. Startled, I jumped out of bed to my feet, when the light came on. A McKinney Police Officer and a plain clothes detective stood at the door of my bedroom with my wife. The detective immediately begin to explain my stepdaughter's accusation toward me. He asked me to come to the living room. Wondering if I was dreaming, I asked my wife, "What is going on?" The detectives interrupted rudely with, "I'll be the one to ask questions here!" For about twenty or thirty minutes, the detective badgered me with insults and accusations of which I was in utter shock and disbelief. The railing revolved around a trip to the movie store with my stepdaughter in which she alleged that I fondled her.

The incident supposedly happened two nights prior. He wouldn't allow me to talk with my wife as I looked and felt dazed and confused. The detective did all of the cussing and talking while the uniformed officer stood by quietly but alert. After the detective kept receiving the same responses from me of "I don't know what you are talking about; No, I didn't harm or abuse my stepdaughter; Yes, we went to a Movie-store two night prior," he grew weary of his tirade and told me to meet him at the Collin County CPS Office at 9:00 AM. I agreed.

He told my wife to bring him the undergarment that the girl had been wearing at the time of the alleged crime. My wife presented it and handed it to the detective. Then he made my wife exit with her son and leave with him and the other officer.

The night before, my wife took my stepdaughter to the Emergency Room at approximately 9:00 PM. I put my stepson to bed and went to bed myself around 10:00 PM. My wife had told me that the girl complained about a feminine soreness or rash. If I were guilty, this would have been a red flag to me to try and stop my wife from taking her to the E.R. Yet, my wife testified that I did not try to stop her from going. Furthermore, I was asleep when they came into the house and not awake in anxiety or fear. Lastly, she said that I looked in complete shock and amazement, bewildered, and confused at the allegation. A guilty man would not have exhibited these characteristics!

Later that morning, at the CPS Office, I was met by a young woman who was working on their "investigation." She asked only a few insignificant questions before ushering me to a very small room. Then, the detective showed up and began his rant again much the same as only hours earlier. He played "Bad Cop" and then switched to the "Good Cop" routine. It seemed to me that he was only interested in charging me with this bogus crime. I explained to him that we had just gone through a nasty custody dispute and that my wife's Ex was a "viper", most likely having something to do with this spontaneous allegation.

"Investigate Him!", I pleaded. But, the Detective didn't care or listen. Up until then, I really didn't understand why my stepdaughter would say such things about me. Then, my mind snapped to the reality that I was being framed! As I sat there taking a verbal assault from the detective, my thoughts drifted back to the many problems we had endured with her "Ex" over the three years prior. On top of not paying child

support, that guy made our lives a nightmare. He told the kids that he didn't have to pay child support. He said "Shane makes enough money to take care of you." He told them that my wife and I were married illegally, because we were cousins. A Lie! The kids come back from a visit on many occasions to tell me that their Dad doesn't like me, he was going to beat me up, etc. He went so far as to punish them if they even mentioned my name. When we would takethe kids for visitations, we never knew where they were staying. Her "Ex" changed phone numbers and addresses more often than most people change boxers.

We didn't know until my trial that it was because he was living with many different women, most of them around the age of his mother. Seriously! In our most disturbing event of the escalative violence, he kidnapped the children in November of

2000, during Thanksgiving. He had enrolled them in Big Sandy School and told my wife that she wouldn't see the kids until after Christmas. We went to the school and took the kids out of class. The Big Sandy and Upshur County Police Departments became involved. We had to meet with the School Superintendent and authorities along with her Ex to straighten the matter out. My wife provided the paperwork from the courts proving she was the custodian, and the tension between me and her ex was at an all-time high! Only a few weeks later in our last two-day court hearing for custody on February 6th, 2001 , I saw her ex for the last time. The first day of court he was ordered to return a bunch of the kid's belongings. At the delivery of these items, he told me...."I'll fix you!" My wife's custody attorney told me not to beat him up and to wait for the final outcome of the hearing the next day. I didn't attend so as to not create more opportunity for the deranged man. Now, only a week later, here I sat! I came back from my thought to a detective mouthing the same words over and over in different ways. As I realized that the custody battle had progressed into the unimaginable, I said "It sounds like I need an attorney." I was led back into the main waiting room where the young CPS lady had me sign a form agreeing to move out of the house until their "investigation" was complete. I agreed. As I stood up to leave, the detective placed me under arrest on "probable cause" grounds. I was dumbfounded! As I was being led away, I petitioned the DPS worked to "investigate the girls father. I'm being set up! " "We will", she said. As we drove in the detective's car, I told him the same things, over and over. "I'll investigate", he said.

After posting a $50,000 bond the next day on Feb. 15th, I immediately called my wiife. "Where are you?", she said. I was surprised that she didn't know. The police never informed her that I had been arrested. She cried and was so upset. "Everyone knows about the problems we've had with my ex", she said. We talked about how to counter his attack against our family. We called a friend of ours named "Billy". Billy is now a Federal Investigator who worked as a Federal Parole Officer when we met him and his wife in 1998. He and his sife taught a pre-marital class, "Before You Say I Do," at Prestonwood Baptist Church where we attended.

Billy was very familiar with the problems we were having with my wife's Ex. It had been an ongoing issue from day one that continually worsened. Billy is also a Licensed Professional Counselor and worked with Prestonwood Counseling Center. He encouraged my wife and I to protect the kids until it all worked out. He believed me in my innocence as he was aware of what her ex was doing. We took his advice. Though my wife and I had to sneak around in private meetings and phone conversations, I moved in with a friend in Allen and had no contact with the children. However, her Ex took advantage of the opportunity to use the situation to take the children via the CPS. CPS saw that my wife was on my side and placed the kids in the custody of her ex only a couple of weeks after the allegation.

As soon as I had spoken with Billy, I also contacted our child custody attorney from Gilmer. She also wasn't too surprised by the situation. My wife's ex had "pulled out all stops" she said. She also encouraged us to protect the kids and do what we had to do to get them back. So many of our close friends and relatives felt terrible for me and my wife. From February, 2001 to February, 2002, our family was shattered beyond measure. We lived in three different places. The girl was picked up by my wife for visitation one