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Saturday, October 16, 2010

The Platypus, Job and Me

I’ve had another lousy week, lousy enough that it reminded me that God has a warped sense of humor. There’s an old joke about God proving He was a funny, quirky guy by creating the platypus, a mammal that lays eggs, carries its young in a pouch, has a duck bill and webbed feet. It is a complete genetic mish mash.



Tuesday evening I received “legal mail”. Legal mail is the term prisons use to describe any letter, any envelope you receive from an attorney, court, or governmental agency. All “regular” mail is examined prior to delivery to inmates. Envelopes are opened and shaken out (to check for contraband being mailed in – drugs, cash, nude photos). Inmates on the prison “watch list” (known gang members) actually have their mail read before delivery.


Legal mail is different. It has to be opened in front of the inmate. It cannot be read, only shaken out for contraband. Inmates must sign a log book acknowledging receipt of the legal mail.


Tuesday night I was sitting in my cut, writing when the CO hands me an envelope. I looked at it and realized it was from the Court Clerk. I tore open the envelope and find an executed copy of the Court’s order dismissing my Habeas Corpus Petition.


I knew this was coming. I knew I’d lose at the state court level. It’s an exercise in futility. You file with the same judge who convicted and sentenced you and you tell him “judge you screwed up. You didn’t realize my attorney violated my 6th Amendment right to effective assistance of counsel”.


In my case, I went even further. In response to the Attorney General’s motion to dismiss, I challenged the court to face itself and admit the sentence imposed was wrong. I called the judge every non-profane name in the books, daring him to revisit my case.


He held the AG’s proposed order 90 days. Frankly, I started thinking “maybe I’m right. Maybe justice will be done”. No such luck. He did as I expected.


I already had my Notice of Appeal drafted. I already had my pleadings in the works to proceed to the Virginia Supreme Court, and then Federal Court (you have to exhaust your state remedies first before getting in to Federal Court).


But, reading the order – an order drafted by the AG – I started to think “why bother appealing. I’m never getting out of here”. In the last month, I’ve been able to get two guys their hab’s granted and one guy’s pardon request has now moved to the parole board for final processing. My own case, nothing.


I knew then what the platypus feels like going through life. I knew I was the punch line of God’s joke. “Did you hear the one about the lawyer who got everyone he met a new chance in court, except himself?”


Fortunately, Big S and the “Old Heads” (the three convicted murderers I’m tight with) made me realize I had to keep fighting. “You can’t give up. Do you know how many guys are optimistic now because you’re optimistic? You got to fight these bastards.”


Which got me thinking about Job. A close friend in here gave me some advice that I’m trying to take to heart. Funny thing is, it’s the same advice two therapists gave me. Simply put, they all said I needed to quit being so hard on myself and remain patient and hopeful.


I wrote my ex this week. First time in a year. I wrote her because it was 30 years to the day that I found the courage to tell her “I love you” for the first time. In the letter I told her I was sorry the way things ended, sorry she hadn’t been happy and didn’t love me, sorry for letting her down. I also told her I’d always love her.


My friend said “you have nothing. You gave everything to her; you went against your own self-interest with your case to protect your wife and kids. You acted more noble and compassionately than anyone I know. Isn’t it possible her behaviors wrong? Isn’t it possible she’s just about her own selfish interests?”


And then this. “You can’t change people and you’re not responsible for everyone’s actions. Yeah, you screwed up. Good people do that. You’re a good guy and it’s not all your fault.”


I took what he said to heart. I’ve been dealt a lousy hand, no doubt. But, I’ve realized along this path I’m a pretty decent guy. I don’t know why God’s letting all this happen to me. But, I know this; I’m going to get through it.


One of the toughest lessons I’ve had to learn in here is knowing what I can control. I can’t make my ex love me, can’t make her admit she was wrong to divorce me. I’m not responsible for our marriage failing.


I can’t make guys in here decide they need to focus their lives and change. So many guys do their bids, run their hustles in here, get out, screw up again, and come right back. I can’t make them “learn” from their experiences.


So, here’s the “Job” part: I’m not sure why I had to lose everything. In my mind, it just isn’t fair. I’m not sure why I keep getting smacked in the face on my own case while I find it so easy to help other guys get another chance. But, I’ve learned I’m more resilient, kind and loving than I ever thought. I am a good guy, not perfect, but a guy who deserves better than he’s getting.


This isn’t the way I’d play this out if I was “in charge”. But, I’m not. And neither is DOC, or my ex, or the Governor. Ultimately, God’s in charge and I have confidence He’ll see me through this.


There’s a wonderful message about justice in David’s 9th Psalm. It says, in part:


“The Lord also will be a stronghold for the oppressed,
A stronghold in times of trouble;
And those who know Your name will put their trust in You,
For You, O Lord, have not forsaken those who seek You.”


I’ve had a couple of lousy weeks. I may have more. But, I finally realized, no matter what others may think, the platypus is happy being a platypus. My life may suck right now, but I’m OK with that. At least I know who’s in control.

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