Post Traumatic Stress Syndrome and Terrance's Crime

Terrance J. Shaw, #138254
Oshkosh Correctional Institution
1730 West Snail Road
P.O. Box 3310
Oshkosh, WI 54903-3310
July 30, 2010

Attorney Michael F. Hupy
Hupy and Abraham, SC
100 E. Wisconsin Ave.,
#1110 Milwaukee, WI 53202-4107

Dear Mr. Hupy:
I am writing to you because I see your advertisement on TV every day and I thought if you took my case, after it is all said and done, you could get awarded a 7-figure award or settlement for me/us. I will give you a run down of my case and what I am trying to accomplish pro-se, but I would rather have a licensed (Bull Dog) attorney represent me in court.

I am currently in my 28th year of serving a life plus 20-year consecutive sentence. However, after I came to prison in 1932 for the 1981 crime, I have been diagnosed as having the Vietnam PTSD at the time of the crime, trial and sentencing, but it wasn't known by me, my attorney, the prosecutor, or the judge, at the time of the trial, conviction and sentencing. The court in 1982 never ordered me to be sent to a mental institution for the routine 90-day evaluation before trial, nor did the court order a presentence investigation to be done on me before sentencing me. Right when the jury brought back a guilty verdict, the judge thanked and dismissed the jury, then called me to the bench and sentenced me to life plus 20-years to run consecutive. But after I was in prison for several years and was diagnosed by the Department of Correction's, Dr. Richard Arnesen, as suffering from Vietnam PTSD at the time of my crime, trial, conviction and sentencing, as well as the Veteran's Administration sent their psychiatrist into the prison to evaluate me twice in the 1990s, and the VA psychiatrist also diagnosed me (both times) as suffering from the Vietnam PTSD, as well as did several other Department of Correction's psychiatrists that have subsequently also diagnosed me as suffering from the PTSD also. So I'm thinking if it wasn't for the court neglecting to send me to a mental hospital for the routine 90-day evaluation before trial, plus the court neglecting to order a presentence investigation done on me before sentencing me, my Vietnam PTSD and the part it played in the acting out of my crime, would have been diagnosed and possibly be compassionately taken into consideration at sentencing so that the judge might have given me the life plus 20-years to run concurrently instead of consecutively. OR BETTER YET, if the court had appropriately ordered a 90-day evaluation in the mental hospital before trial, like I believe they are supposed to do in all capital cases, my PTSD would have been discovered and diagnosed before trial, so that I would have been able to plead as suffering from diminished capacity, instead of pleading not guilty and taking it all the way to a jury trial and losing. Either way, I believe the court and/or "the system" screwed up. Now, here I still sit in prison 23-years later with this "new factor" that I now want to bring to the court, when it should have been discovered before trial if the court had ordered me to undergo the 90-day evaluation at the mental hospital before requiring a plea from me before trial.

So this is the issue I/we have to work with, if you would agree to represent me in this "new factor" that "the system" screwed up on 28-years earlier before I was tried, convicted and sentenced.

If you would agree to represent me, I can send you copies of everything I have for my legal argument and Exhibits that I have from my WDOC files as proof of everything I have to prove my case. Everything about the crime and PTSD factors that played out in the crime were later discovered by psychiatrists after I came to prison. I will send copies of everything I have if you are interested in representing me, Mr. Hupy, so you can see what I have, before you officially commit to representing me.
The reason why I mentioned at the beginning of my letter that after it is all said and dons, I believe we could get a 7-figure award or settlement for me/us, is because "the system" screwed up before trial. "The system" has deep pockets. I ended up being convicted as a criminal (instead of a war veteran suffering from Vietnam PTSD) and I have served 28-yoars in prison (so far). However, if the judge (the system) had before trial, appropriately ordered me to go to the mental hosoital for the 90-day evaluation, my Vietnam PTSD and how it played out in the acting out of my crime, would have been discovered by psychiatrists before trial, instead of it being discovered by psychiatrists after I was tried, convicted and sentenced. If "the system" hadn't screwed up in the way I've described here, I could, have pled out to diminished capacity due to suffering from Vietnam PTSD at the tirne of the crime. I could have been sent to a mental hospital for a few years (instead of prison) and been released from tha mental hospital aftar a few years and. treatment. I would have been able to ba a free man again over 20-years ago. During my 28-years of incarceration in prison as a criminal, my mother and stepfather both died believing I was a crazed criminal. I have lost contact with my two children, and subsequently my 4 grandchildren don't know who I am either, because my children have estranged themselves from me because they believe I am a criminal. Plus all the nutnerous daily indignities I have had to be exposed to and suffer during my 28-years (so far) in prison. So I figure I have wrongfully been sent to prison, instead of a mental hospital for a few years, and have served at least 20-years or more (so far) in prison, unnecessarily, because "the system" screwed up before trial. Is that any way to treat an Honorably Discharged veteran who served his country on a remote jungle outpost in Vietnam for one year and held a secret security clearance while doing so? So you see, Mr. Hupy, I believe all this might be worth over a 7-figure civil suit after the case is all said and done, if we are successful.
Before I close I also want to add that I am eternally sorrowful for the pain I have caused my victim, her family, my family, the community, and on so many other ripple effect levels.
The above is an explanation of my issues and situation, Mr. Hupy. If you would believe in me and my case and represent me, I would be very thankful. I have enclosed a SASE for your convenience in responding and letting me know what you think.
Sincerely,
Terrance J. Shaw cc: file