In order to apply for a sentence modification, a prisoner has to prove he has new evidence- the new evidence, which was in no way mentioned in his trial, is PTSD. He thought he was being attacked by the Viet Kong when he killed that woman and he had prepared for days, dressing up in his uniform and getting all his Viet Nam armory prepared. One wonders where people in the neighborhood were that they did not call for help when they saw this man acting so strangely.
as we say later in this blog, Terrance has worked very hard over the years to reform himself and the VA has offered him a place to stay and a place in their PTSD treatment program with hopes that once he has successfully completed the program he can help the vets coming into the program. The catch is that the DOC doesn't parole him although he has long been eligible.
Below are links to two cases - they are presented in sections
He recommends starting with post conviction appeal , first one below and moving on to the "brief of the appellant ", the second one here
https://ffupstuff.files.wordpress.com/2016/11/t-shaw-appeal-2016-ap-314.pdf
the second case deals with his claim the the staff knowingly inflicted pain and suffering on him by denying him use of a wheel chair and confiscation of legal property. The Second one below states the facts, the first one tries to present evidence that the entire motivation for denying the wheel chair and confiscating legal materials, was retaliatory- to suppress his lawsuit activities.
https://ffupstuff.files.wordpress.com/2016/11/t-shaw-sum-judge-reply-15cv511.pdf
https://ffupstuff.files.wordpress.com/2016/11/t-shaw-decl-sum-judj-15-cv511.pdf
https://ffupstuff.files.wordpress.com/2016/11/t-shaw-finding-of-facts-25cv511.pdf
and his introduction to all these files
Last here is our original compassionate release application, done 2015. This is a look at the bigger picture and Terrance is the third person applying here. The money savings presented here are not relevant for today, for prisoners now get medicaid or medicare- ( the money saved part we are doing over) but the rest remains the same.There are three applicants here-and the petition was denied saying there is no compassionate release for Old Law prisoners. (Executive order included in the packet shows there is). Since this was filed, Jim Schuman has lost his mother , and Nancy Ezell has developed breast cancer. She had been complaining of breast pain for months. We hope it is not too late for treatment and will try again to get her out.
https://ffupstuff.files.wordpress.com/2016/11/t-shaw-compassionate-rel.pdf
GOOD LUCK TO TERRANCE- a valiant and much needed effort!!!
