Harsh 74 yr prison sentencing - Demanding a release.
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I first want to start off by saying .. no one on this Earth is perfect. We all do things that we are not proud of due to the things we go through in life.
My father Toby Love was convicted in the year of 2004 to 74 years in prison due to Robbery with a dangerous weapon. My father has served 13 of his 74 year sentence. After the crime took place, my father turned himself in, and admitted to his wrong doing. In the event of the trial, my father was not granted a fair trial do to several reasons.
The judge at the time (may she Rest In Peace) Evelyn Hill, was being investigated bc of her comments and the way she handled trials. There were several aligations against her that she was being prejudice during some trial cases.
The trial court committed plain and prejudicial error when she failed to recuse herself when she had a bias against My father, Toby Loves trial counsel, Craig Thompson. Judge Evelyn Hill had a history of unfairly treating Craig Thompson, Which was also my fathers defense attorney. She was biased against him and had demonstrated an unprofessional attitude towards him in a previous trial. She should not have presided over any case where he was an attorney. My father could not get a fair trial with Evelyn Hill on the bench. Her past conduct towards His defense counsel was so outrageous that the Court of Appeals granted Craig Thompson’s former client a new trial. She had a duty to recuse herself in the interests of justice.
In October, 2003 Judge Evelyn Hill presided over the indecent liberties jury trial of Douglas Shane Wright in Alamance County Superior Court. Mr. Wright’s defense attorney was Craig Thompson. Mr. Wright was found guilty and appealed the decision to the North Carolina Court of Appeals.
His main assignment of error was that Judge Hill’s unprofessional conduct and demeaning attitude towards his trial counsel deprived him of a fair trial:
Defendant cites several incidents in which he argues the trial judge’s extraneous comments to his counsel were improper and deprived him of a fair and impartial trial. State v. Wright, (North Carolina Court of Appeals, decided August 16, 2005) The Court of Appeals granted Wright a new trial. When my father was tried in December of 2004 the Wright case had not yet been decided.
My father deserves to have his case reviewed. He deserves to be free. There are several more court errors during my dads trial other than that. But his appeal was always denied. I'm not sure if it was to protect the judge at the time but it is definitely not fair!
I talk to my father daily on the phone, and each day I speak to him he apologies to me and my family for letting us down. My father has four children. All girls aging 27, 24, 23, and 19. He has missed 13 years of our lives. He also has a granddaughter that he has never met, but talks to on the phone and sends her mail, like cute cards on her birthday so that she is aware that he exists. My father just recently had a birthday May 22. This made 13 birthdays that he has spent in prison.
His best friend (his father) my grandfather passed away two years ago. My dad was able to come to the viewing of the body but not the funeral. They had him chained like an animal in the funeral home. He couldn't even hug his father goodbye, let alone his children who were standing in the same room watching him hurt as we hurt. They did not allow us to touch our father. To not be able to comfort my father during a time like that but to be in his presence was devasting.
My father has always been known to be a great man. A loving father, a wonderful uncle, a great husband, a caring son and a funny but spirited brother. He would give you the shirt off his back if you didn't have one. He loved to work on cars, and build things like decks and renovations of houses. He loved his Rottweiler Fry, and Fry loved him. He was always walking that dog or teasing him with something! He enjoyed being the neighborhood handyman for the kids when their bikes broke down or when there scooters jammed up. I've always looked up to my dad, he was well respected. We all know you have to give respect to get it.
Since being in prison, my father has obtained his GED and has read numerous books. He has a job as a barber in the prison facility making $2 a week.
My father has always been a hard worker. I believe he just got caught up with the wrong people at the wrong time. It's been 13 years. And the trial as well as the judge was not fair! The trial was prejudiced and for 13 years nothing has been done about it although the judge that convicted him resigned due to the aligations and complaints against her. I feel like my father has served his time. And continunting to spend over 20,000 a year just to house him in prison is unnecessary.
My father wants to work, he wants to spend time with his family, he wants to walk us down the aisle when the time comes. He wants to be apart of society. He wants to show us that he is not his mistakes. My father deserves a second chance at life!
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