02/20/2011 – In a signed Order dated August 24, 2010, the US District Court for the Southern District of Texas, Houston, granted Tony Medina–s unopposed Motion for Extension of Time to submit an amended Petition for Habeas Corpus – to April 14, 2011.
Tony Media says “My state Habeas appeal was MUCH larger then normal appeals in Texas, since I had the benefit of a really good lawyer. So my Federal appeal lawyers are having to work through a lot of material, built up over 10 years. The judge GRANTED our motion for extended time to file! This Order means we will have more time to file the best appeal possible, giving me the greatest chance in the courts.”
Tony Medina, 36-year-old, father of three children, has been on death row in Texas for over 14 years. He was accused of shooting from a car into a crowd of young people. Two children were deadly wounded during the incident. In spite of the claims of prosecutors that Tony was guilty of the crime, the testimony of witnesses and other evidence suggest he is innocent. He is only guilty of not having enough money at the time of his trial, to engage a good lawyer who would have handled his case more seriously and effectively. This has made later post-trial appeals by pro bono attorneys more difficult, as the subsequent high level proof of innocence required is more complex to achieve. The state of Texas took 5 years to reject, without written analysis, Tony–s last full appeal.
Every day life on death row is hard and monotonous. Tony Medina waits for his execution and news of his appeals, in a tiny cell of 7,12 square meters. He has hardly any social contacts or creative discussions to be able to express himself. Five days a week, for only two hours he is allowed to leave his cell. In order to remain alert and mentally healthy, he tries to be creative. And in trying to express himself he has invented his own artistic style. He started drawing with coloured pencils, but during the last years he began using different materials for his works of art. Tony–s unique art speaks for itself in demonstrating that Tony remains a human being, with feelings, intelligence, and creative talent. He is also a poet and avid reader. His wrongful conviction is hard to bare, but he does his best to believe that Justice will prevail, and that he will one day soon be permitted to rejoin the free world.
The facts speak in favor of Tony Medina. On that night of the shooting he was at a party, miles away. The eyewitnesses at the incident scene noticed that the driver and shooter was a black man. None of the fingerprints found on the weapon matched the fingerprints of Tony. They belonged to a black man who, later on, became the main witness for the prosecution. These witnesses were not interrogated at the trial and the defense team was far from being competent or effective. In the past few years, Tony has been represented by others who have been of great encouragement to Tony and his family. Their greater professionalism in presenting evidence and legal argument to the courts, we hope, will eventually bring its reward. But meanwhile, Tony Medina is a human being, and has the right to be treated fairly, according to the law.
Ilona Leverenz, one of Tony Medina”s supporters in Germany, scored a certain success in January 2008: The students of criminology from the Ontario University in Canada declared themselves willing to study the case in details and work through it anew. The results obtained so far reveal gross errors in proceedings. The case has further support with the TCADP organization from Houston, Texas and Journey of Hope…from Violence to Healing from Anchorage, Alaska (AK) . This ongoing support has been much appreciated by Tony and his family.
The Habeas Corpus appeal was submitted to the Texas Court of Criminal appeals by Morris Moon, Tony Medina”s appeal attorney in the latter stages of the state process. On May 26, 2009 the Judge signed the results of the proposed investigation and the legal argument of the district attorney. He recommended the Court of appeal to decline the petition upon an extraordinary order. On Sept. 16, 2009, the Court of Justice rejected the appeal without any written argument or analysis. As the case has moved to the Federal courts, Morris Moon passed on the case to Jim Marcus, Professor of Law at the University of Texas, and Robert McGlasson. They are currently working on a revised Petition for Writ of Habeas Corpus.
Since March 2010 Ilona Leverenz hasn”t been working with the AIDWYC organization from Canada, in the hope that they may be able to assist Tony–s defence in the future. Peter Bellamy, from England, works collaboratively with her and Tony Medina”s family. TV and radio coverage and also the articles in the German newspapers help the activists in their struggle against injustice.
“We are grateful for any kind of support. Either active by passing out flyers, organizing demonstrations, concerts, talkshows, or through linking to the website homepage. Also, donations, however small, are important to us in the fight to help Tony achieve Justice and freedom.”, says Ilona Leverenz.
Donations can be paid directly into Tony–s Legal Defense Fund. This managed managed by the First National Bank in Livingston:
Account name/beneficiary: Golda Medina,
Account number: 2440849
Bank routing number 113105452
Additional notes: Save Tony Medina Defense Fund.
Further information about Tony Medina”s case, and ways of helping/donating, can be found at: http://www.tony-medina.info
Contact persons for the press:
Ilona Leverenz, e-mail: info@tony-medina.info
Peter Bellamy, e-mail: pbfieldgates@yahoo.co.uk
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