This is an update and special note of thanks to each and everyone who is standing with me through these roughest of times yet, in this struggle for equal rights and justice in America.. .

Upon exhaustion of my state remedies, in about 2000, Attorney Warren Lupel, filed into the Federal District Court a Writ of Habeas Corpus. This was placed onto a sidetrack where a Show Cause proceeding was ordered. This sidetrack has caused me the present delay being encountered, to date.

I appealed, timely, into the Sixth Circuit Court of Appeals and was denied. I was forced to file that appeal from a prison hospital bed immediately after having total hip replacement surgery in 2002. Needless to say, this appeal was also denied.

I timely appealed into the United States Supreme Court on a Writ of Certiorari challenging the unconstitutional conviction, illegal sentence beyond the guidelines, and the newly discovered evidence proving my innocence.

This has proven to be futile as I am being denied a case number by the U.S. Supreme Court simply because I cannot comply with the new court's rule [#33] 1/27/2003 and effective date of 5/1/2003. I initially filed my Writ on 5/15/2003... timely on appeal from the Sixth Circuit's denial, as previously stated. To my surprise, my pleadings were returned with a mandate that petitions prepared on a typewriter are NOT acceptable! I have written several letters to the Case Analyst but all to no avail, to date.

The new U.S. Supreme Court's Rule # 33... mandates that whom ever is paying the filing fee MUST prepare their petition on a computer printer in Roman 11 point font, on 60 pound paper, with a 65 pound cover, and even the Sixth Circuit's opinion/order that was sent to me on 8~ x 11" pages MUST be scanned down and printed on a computer printer just as the Writ, before... it will be accepted and a case number issued! Needless to mention, I am in prison under the authority of the Michigan Department Of Correction (MDOC). Their rules do not allow me anything other than a typewriter! In fact, there is a recent court case in Cain -v- MDOC specifically restricting inmates to only a typewriter from a specified vendor [www.swintec.com].This is the typewriter, which just arrived, that I am writing this upon. Thus, I am effectively being denied access to the highest court in the land due to the MDOC not allowing inmates to use a Computer and the new court's rule mandating such, as such! ! !

Presently, I sit awaiting some form of determination as to my status as a Pro-Se prisoner who is not indigent and therefore required to pay the filing fee... thus, triggering this new rule!

The MDOC tells me that it is between me and the Court. The Court's position is that it is their rule and that I must comply if I want a case number, access to the court, and/or to be heard!

Attorney, Peter Vellenga, has attempted to intervene by writing them letters and making inquiries upon my behalf. To date, they have little or no empathy to my dilemma!

In closing, it is best described as a paradox. where I am not being allowed to access the courts due to reasons beyond my control! I neatly typed the Writ of Certiorari and paid the $300.00 filing fee as required! To deny me for some brand new rule is absurd and unconstitutional due to the fact that it could not apply to a prisoner who is barred from using a computer due to the MDOC not allowing anything except a typewriter, period!

This just the height of rights violations in this ongoing saga of an American Citizen's quest to be afforded even the semblance of fairness where his rights to due process is had! I have never been allowed even my appeal of right from conviction due to no transcripts or court appointed lawyer. It wasn't until 1998, some 12+ years later, that I obtained a trial transcript and began my attempt to be heard on all of these rights violations! This is where I am appealing, presently, and am bogged down due to this brand new rule as of 1/27/2003 effective 5/1/2003... wherein, I began to file on 5/15/2003... and have been hindered, ever since, by mandates beyond my control or abilities to comply because I am a prisoner in state custody where all I am allowed is a typewriter! The Court and the State are actively denying me access to the court for redress of my grievance/appeal!

If this were reversed wherein it was I who were doing exactly what they are doing to me... they would tell me that ignorance of the law is no excuse! I state for the record that I have made them aware with numerous letters and by "them" I mean the State and the Court, individually! This has fallen upon deaf ears, to date!

Apparently, I have no civil rights, constitutional rights, human rights, and/or any active advocates with the teeth or political clout to claim minority status or some form of discrimination from which to achieve adequate outside assistance! Now, please don't mistake this diatribe for disrespect as it is certainly not intended as such! I merely point out that were this occurring to others who have such status in America, today, there would be protests and marches rallying even more support to be heard!

I merely sit and await my fate as I go before the Parole Board, again, not expecting anything other than the denials since 1997!

Please, do not forget me in this time of my most crucial fight? I have fought the good fight and now is not the time to pull back!

It is my opinion through observation(s) over these almost 20 years... that, the MDOC and powers that be systematically depend upon and calculate the burnout factors of inmates families and/or in rare cases outside supporters/advocates... simply because they know that amount of time, effort, money, and patience required to endure the legal battles necessary to win against them! They have all the resources of the state and federal governments and the more of a struggle the defendant exerts the more resistance they exert. It is also self serving in that it creates an ambient effect of demonstrating an example to others! This in turn, causes compliance, subservience, and/or willingness to plea bargain and not be faced with an overwhelming battle for freedom!

If anyone had told me, when I was a free man, working and paying taxes, while raising my family... that, one day... I would be here denied any of my inalienable rights guaranteed me by the constitution of these United States of America of which I am an Honorably Discharged US Air Force veteran (11-Aug-1972) and who just recently on 6/9/2004 received The [NDSM] National Defense Service medal some 32 years after the fact... well, I would of probably thought you insane or experiencing some form of diminished capacity to comprehend that you are a natural born citizen of the United States of America and that really don't happen here, feller!

However, I am living proof and the proof and the proof is in the records... should anyone care enough to look! I was the average guy... going to work and paying taxes and living the American dream! Then, my wife decided she would take custody and eliminate her having to pay child support and oh ya, regain possession of our new home after she had abandoned our three daughters [ 2-12-14] and her job and marriage of 18 years... all for a drug habit and drug dealing boyfriend who was also married with children!

I have No PRIOR RECORD... not even as a kid - and my sentencing guidelines factored out to 1-10 years... the judge said I showed no remorse and gave me 15-30 years after the prosecutor argued for 30-60 years when he had attended not one day of trail and the transcripts were not yet available. It was completely political as he was running for the Michigan Supreme Court judgeship! Further, in the records you will find a plea sentence agreement where both the judge and prosecutor agreed, as stipulated in the heading, to allow me to plead no contest to raping my wife and receive time served [429 days] in the jail! Imagine that... how they could flip and project/express such machinations impugning my character with opprobrium all because I refused their plea sentence agreement and proclaimed my innocence before a jury! This must truly be Russia cloaked in a veil of illusion perpetrating the fraud on the American people that these rights are inalienable when in fact it is totally undermined by plutocracy and/or gynecocracy... fueled by and through the age old exploitation of misandry extraordinare!

Please thank everyone for me from the bottom of my heart!!!
William Hetherington, 7/31/2004