Letter to the clemency board for Brett

Dear members of the Parole Board, June 27, 2011
I am writing you in regard of the planned execution of Brett Hartmann on August 16th.
I want to urge you to give Brett Hartmann a stay of execution.
I have known Brett for over 4 years now. I have read the trial transcripts and the police reports myself. I have come to the conclusion that there is too much doubt about his guilt to execute Brett.


The facts of this case:


There were hairs found on the victims body and also a used condom. Despite different attempts, the Summit County Prosecutor refused to have these important pieces of evidence tested.

There was evidence supporting Brett’s own story; he was with the victim the night before she was murdered and he found her hours after the murder. The evidence of the time of the murder, like the alarm clock and finger prints found, were sent to the lab, but the results were never shared. Other evidence at the time of the murder were never tested at all.

At the time of the murder Brett was at home (15 minutes away from the crime scene) on the phone with a friend. The testimony of that friend and phone records support this.

The defense failed to call expert witnesses on the stand who contradicted the testimony of the expert witness of the Prosecutor, Rod Englert. His theory and testimony about the blood found on Brett’s t-shirt were false.

When comparing the police reports with the testimonies of several police officers, it becomes clear that these police officers committed perjury in favor for the Prosecution. For example there was a fingerprint found on the alarm clock (the cord was used to strangle the victim) and sent to the lab, but the results were never shared. Members of the police testified the fingerprint was not clear enough to send it to the lab.

The police and Prosecutor failed to pursue the most likely alternative suspect. He didn’t have an alibi at the time of the murder, he had a master key of the building and he was the ex boyfriend of the victim. Witnesses have heard him threaten the victim on several occasions.

There is questionable testimony from a jailhouse snitch. Perjury involving the primary government informant in the case would bring the reliability of the jury’s guilty verdict into question.


Brett as the person I know:


I have come to know Brett as a generous, loving and caring person. He has been a great friend over the years. I have had contact with Brett through letters, on the phone and on several visits. Despite his situation he has always been there for me and always supported me through all my ordeals. He is a calm, intelligent and thoughtful person. He has successfully finished his paralegal studies, became an ordained minister and has done several other studies while incarcerated. He has also painted the walls in the prison and has made several paintings for family and loved ones. Brett is a huge contribution to many peoples’ lives. He certainly is to mine.


Finally, I have the upmost sympathy for Winda Snipes’ family and friends. But when there is so much doubt about Brett’s guilt, executing him will bring them no justice either.The real killer might still be walking the streets. I am urging you, not only for Brett’s sake, but also for Winda, her loved ones and for the safety of everyone else, that you give Brett Hartmann a stay of execution. With this stay DNA can be tested and we can prove beyond a reasonable doubt that Brett is in fact innocent. When you don’t give Brett a stay, the streets are not safer, Winda and her loved ones haven’t gotten justice and the real killer remains unpunished.


Sincerely,

My letter for Brett

I keep procrastinating it, because I don't want to do it. Because when I do, it is reality. When I do, the truth is going to hit me like a ton of bricks. August 16. Just another date for so many people. But that date has been hunting me. I've had nightmares about that date. For more than 4 years he has been such a close friend. And now I need to write a letter to the Clemency Board to save his life. Brett has an execution date for August 16.

He is innocent, so how can this happen? Let me put one thing straight. I am not saying he is innocent, because I want  him to be innocent, because I think he is innocent or because he told me he is innocent. I am saying he is innocent, because I know he is innocent. Some of my friends think I have poor judgement when it comes to his innocence. They think I got too personally involved and that this has blurred my objectivity. The great thing about Brett is when we met, he didnt emphasize his innocence. He just sent me the trial transcript and all the police reports and told me to judge for myself. I was amazed by the complete lack of evidence against him and similarily amazed by the pile of evidence supporting his innocence. People have elevated their careers because of Brett's conviction. He has been on death row for over 13 years now. It makes me angry, it makes me pissed off and it makes me feel completely powerless. I want to slap the members of the Clemency Board in their face with all the evidence supporting his innocence. I want to scream at them that they are about to execute an innocent man and that the real murderer is still out there. I am astonished that  prosecutors, policemen and so called expert witnesses have willingly commited perjury and thereby signed his death sentence to help their own careers. If Brett would have pleaded guilty, he would have gotten life without parole. But because he didnt show remorse according to the judge and kept claiming his innocence, he got the death sentence. Brett will never admit guilt, even if he can save his life with it. Not then and not now. The legacy he wants to leave is not that of a murderer. But right now most people see him this way.

And now I have to write a letter to the Clemency Board. Can words persuade them to give him a stay?
Should I tell them about all of the wonderful memories we shared? Does it matter to them that he loved waking me up with his 3am phonecalls, he learned how to speak Dutch, but couldnt pronounce the letter 'G' and we couldn't stop laughing when throwing food at each other at visits? Do they care that he gave me the nickname Roadrunner and Bula, he made a lot of beautiful paintings for me and that I just don't want to lose such a dear friend? Will they quickly read through the letter and then lay it aside or will they read it and let the words really sink in?

Brett doesn't deserve to die. He doesn't need to die. Brett is such a beautiful, warm and gentle person. He blames himself that we became close friends, because he doesn't want to leave me devastated when he is executed. When his execution does happen, I will be left devastated, but I will never regret knowing him and loving him. I will never regret all the moments we shared. It was all worth it. I wouldn't change a thing.


I hope the words will make them realize that Brett shouldn't die. I hope Brett will be spared. I hope Brett will live. I hope. I will keep hoping.

Returning home

When you just lost someone, the memories hurt like hell. You try so hard to erase all the memories, because you can't stand the pain. You pray for amnesia, because maybe that will help you move on. Everywhere you go, everything you do, reminds you of the person you lost. After a while the pain eases a little bit and for the first time the memories make you smile.

My (second) mom passed away almost a year ago. I am planning to go see her son, my dear friend Brett, pretty soon. Brett has spent the last 13 years on death row for a crime he did not commit.
When I arrive in the States, she won't pick me up from the airport. She won't be smoking Richmond cigarettes and won't buy us donuts for our afternoon coffee. She won't be watching Law and Order in the kitchen. She won't say she needs to put her face on before going out (God how that always made me smile). She won't put her arms around me and tell me she loves me.

Mom was one of the strongest women I have ever known. Her heart was bigger than the state she lived in. There were so many beautiful things about her that defined the person she was. Even in time of darkness, she still had hope. She never gave up the fight to free Brett. I admire her beyond words. In every way, she is the definition of my hero.

Writing this brings back memories. It makes me smile, but cry at the same time.  No one can ever take away the moments we shared and all the beautiful memories I have of her. I only wish there would have been more memories. I wish you were still here mom. God how I miss you.

I know it will hurt like hell to go back without her being there. She ended her last email to me with " Luv you little one.. Mom". The last time I saw mom, she told me I would always have a family there to come home to.

So mom I'm coming home.