Wednesday, January 14, 2015

KEEPING THE LEGAL BATTLE ALIVE




Could you imagine being on trial and never being told of a plea deal? Your appointed legal council fails to acknowledge your existence at all and at the end of the day, you are railroaded by the system? Terry Colley has spent 21 years out of a 60 year sentence in USP Atlanta. . 

What’s even harder to understand is that Colley’s rights as a citizen was violated: From September 21, 1994 to November 21, 1994; A plea deal by the government was made on Colley’s behalf in which Colley was never informed. In fact, Colley’s legal council rejected the plea deal without even informing Colley that negotiations were taking place. The crazy part is, this isn’t all that happened. It actually got worse.What is interesting in this case is that, There are no records of the federal plea negotiation proceedings. This case involves no fatalities, injuries, or restraints. Terry Colley is in Prison for what is known as an “Old School” bank robbery. 

In.one csse there was no real gun used in the offense. Is 60 years really a just sentence for someone who veered down the wrong path after surviving a troubled childhood? Terry Colley will be 85 years old by the time his sentence is completely served. It leaves one to question: Is this a just punishment for this crime and can the system really railroad a man like this and get away with it? Is 21 years not enough? The argument of Terry’s innocence is not the issue. Colley acknowledges his role in the crime. The argument simply surrounds the word: Justice.

“You see, you can’t do a long term prison sentence with hate or vengeance in your heart, mind or soul. It will make you deteriorate fast! Seriously, you will lose hair, teeth, brain cells get weak because you only using the ones that make you hate something, your skin gets bad and you become a management problem. Most likely addicted to some form of legal drug being sold in prison too. So one day, you gotta sit down and forgive yourself, those who have betrayed you in the streets, those you hate, the ones who hurt you or somebody you loved, and you gotta purify……. gotta pray for them this one time and release that energy outta you! When you do that, that’s the day you become a different person that is happier with life….. can see the real enemy and your purpose clearer”– Terry Colley 

Terry Colley is in the battle of his life. He is the last of three men that is still held captive in a crime that was deemed to not have a “leadership” role, even though he was the oldest (23). What makes this even worse is that Colley’s co-defendants both only served a decade for this crime while the book was thrown at Colley. The other defendants have also been out for a decade and have reinserted themselves into society. I’m sorry but something just doesn’t add up here. We MUST reexamine the case of The United States vs. Colley again. Is 60 Years, really fair? Better yet, is 60 years without notifying the one on trial of a plea agreement even constitutional? Colley never got to “Plea on the Nose” neither. That also supports the fact that he was never informed about the plea. The question isn’t whether or not if Terry Colley was involved in the crimes that he was convicted of, the question lies in the conviction and the trial process for Terry Colley (which was so fast, it was nearly a blur). After a troubled adolescence and an unhealthy battle with depression rooting back to his childhood, It is safe to say that Terry has reformed his life today while being behind the wall. He has used these 21 years as a time of reflection. He did not allow bitterness or even that familiar spirit of depression to consume him. Instead, Terry Colley used his prison experience positively and as the tool to jump-start the process of him rehabilitating his life. He has become the peacemaker. All he needs is a chance. Is that too much to ask?

“I have pretty much exhausted all forms of legal relief pertaining to my federal case where Senior U.S. District Judge Robert L Vining, Jr., continues to refuse to address the legal issues surrounding the 1994 guilty plea proceedings that I can prove violated my due process rights, and right to effective assistance of counsel under the 5th and sixth amendments to the U.S Constitution. No evidence has ever been shown that I personally rejected a plea offer or that I was ever informed that a plea offer even existed for a 17 year sentence that a court appointed attorney turned down without my involvement, knowledge, or consent. I am optimistic that one day I will be able to prevail with the right professional legal assistance that can show that I was not in federal custody during the federal plea process, in which I was required to be, in which, my case is now one, where the rules were changed and have been swept under the rug for over two decades.”–Terry Colley










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