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This letter pertains to the appeal and clemency of Timothy A. Anderson.
My name is James Murphy and I appeal to you in the name of American Justice to review the evidence and provide a retrial for this gentleman as I feel he did not receive either fairness or justice in his first trial.
Let me first say I more than anyone else am aware of the circumstances and injustice in this case. I was Tim’s friend and roommate through this entire incident and I wish to point out some of the inequity demonstrated in his trial.
I first met Tim in 1981 when he was Playing AAA baseball for the Chicago Cubs who were training in Boca Raton, Florida. At that time Tim and I were training together and I rented him and a friend of his whom also played for the Cubs a room in my apartment. We became good friends and our friendship has lasted to this day.
The one thing in Tim’s personality that immediately makes present is his warm sincere nature and his kind heart. Tim truly is a very real person with a true concern about everyone he meets. Men admired him and women loved him. Most people would not even believe Tim was a professional boxer because of his caring disposition and demeanor. I know of very few people who I have met in my life to be more honest, kinder, or harbor more integrity.
I will detail to the best of my memory the inequitable incidences pertaining to this case.
First of all I feel the court failed to realize how dangerous Rick Parker and his group of felony thugs were and how serious of a threat Tim believed Parker to be to himself and his loved ones. Parker and his cohorts did in fact poison Tim in Oklahoma after he refused to take a dive to promote a bogus Mark Gastineau, George Foreman, $5,000,000 fight. There is no doubt of this fact. Even the ring Doctor, Dr. H. Dom Chumley, D.O. wanted to testify to the obvious poisoning. Tim blacked out during the fight and required compazine (strong anti vomiting medication) for his profuse vomiting in the hospital. The drug test also found some unusual trace drugs in the report that had no business being there. I still have the initial report which was never used by his defense counsel.
What most people did not see that I saw first hand, as his roommate, was the physical devastation and how my healthy roommate became bedridden for nearly two years as a result of this victimization! During this span he was unable to care for himself. He could not work for most of that period and for the initial year he vomited whenever I drove him anywhere. Can you try to imagine the psychological and physical torment of vomiting from extreme vertigo every time you try to get out of bed and go for a ride? For over a year! Can you honestly tell me you would not fear the threats of a person that destroyed your life to this extreme? We tried to find help for Tim for about two years. My connections in the medical field enabled me to provide access to numerous medical parishioners who were unfortunately unable to help Tim. We needed to find out what he was poisoned with. Can you imagine the depressing existence?
About a year and a half after the poisoning Tim did get out on occasion and one time he was jumped by Parker’s thugs who beat him up with baseball bats. When he got home he was bruised pretty badly and this further hindered his recovery. Tim told me they showed him a paper with his sister’s address on it and said she and her family would be killed if he didn’t stop the allegations about his poisoning and Parker’s fight fixing.
Why did the court not validate a self defense plea and allow crucial testimony after this virtual attempted murder by Parker and the numerous specific threats against the other credible witnesses such as, Don Hazelton, the Florida Boxing commissioner, Rob Russen, and Steve Bensen, Parker’s ex partners? Why was this not considered as pertinent and essential testimony against Parker and why was this testimony excluded from the jury’s ears? How can this rationally be explained?
My main complaint about his trial was the incompetence demonstrated by Tim’s public defenders and the numerous defense witnesses that were not allowed to testify to what seemed to be obvious pertinent evidence necessary for Tim’s adequate defense.
Even a novice realizes the importance of the public defender calling the toxicologist who examined Tim’s drug report and could have testified that it was abnormal and that someone familiar with drugs and toxic chemicals could easily hide the majority of their presence in a contrived formula. He could have also testified as to the devastating effects they would have on the body and mind and that his actions performed in this state were in a drugged incapacitated state and not normal for him. This is as true as say, how a woman would respond on a date rape drug, obviously not normal and she would not be totally responsible for her actions through no fault of her own. Finally, he could have testified that he told Tim he needed to find out what he was poisoned with to receive an anecdote. This gives Tim a reason to be there besides just to murder Parker. I also was there when the toxicologist told this to Tim but I was never asked to testify to this fact.
My girlfriend at the time, Kristen Nielsen and I were on the other phone and overheard Parker’s threats to Tim and Tim’s quadriplegic sister. We were never questioned about the threats or the reaction of how terrified Tim became from them. Tim confided to us that Parker had allegedly killed some people in California over a drug deal gone badly and after the poisoning and the beating he endured he was convinced Parker would fulfill his threat. This should have been brought to the attention of the jury.
The public defenders never called a psychiatrist or any medical doctors to Tim’s defense to describe his mental or physical deterioration and suicidal mind set and the effects they might have on his actions or how the drugs or poisons would have affected him. Again, this is pertinent because your actions under the influence of drugs or poisons are different than how your mind would respond normally, yet different from someone who is mentally insane. He was not insane but he was under the influence of drugs and poisons and would not react normally. This needed to be explained to the jury but it was not.
The public defenders never called the arresting police officer’s to testify who took Tim’s initial statement. If they had they would have exposed the fact that Tim told them he would say anything on the report to get the death penalty. They actually told him what to say, to in fact, get the death penalty. The fact is he was suffering so bad that he just wanted to die. He did not want a lawyer or a trial just a quick death to put him out of his misery. This shows how suicidal he was and how messed up his mind set was. The officer’s could have verified his false confession thus negating the prosecutions case of premeditated murder.
The public defenders never brought to the attention of the court that Rick Parker always carried a Glock 9mm pistol and that all his thug, felon, body guards were also armed and the only reason Tim purchased a gun was for protection.
Also, they never asked me why Tim purchased the gun. I was with him when he purchased it and the only reason was for protection as I could have testified to.
Additionally, as his roommate, they never questioned me about any discussion we might have had pertaining to what his intent was in going to visit Parker. Tim was my friend but I would have had to tell the truth under oath when asked the reasons he went to visit Parker. The truth was, his only reasons to go visit Parker was to find out what he was poisoned with, as requested by the toxicologist and to discuss the book deal. This was kept from the jury.
The public defenders never asked my girlfriend or I or many others who knew about the book project that was pending to testify about the book situation. This was another valid reason Tim had to meet with Parker and thus invalidate the first degree murder charge as it gave him an additional reason to meet with Parker besides killing him. This however may be due to the judge not allowing it.
Actually,I think the one situation that flabbergasted me the most of this travesty of justice was the judge’s refusal to let any witnesses testify about the pending book deal.
The name of the book was chosen, “Liars Cheats and Whores”. The professional writer, Richard Smitten, was referred to Tim by the famous attorney Ellis Rubin. Smitten’s published books include, The Godmother, Bank of Death, Inside the Cocaine Cartel, Legal Tender, Kathy Willets a Case of Nymphomania and The Man Who Made it Snow. This was a highly credentialed writer whose testimony gave Tim a very valid reason to meet with Parker besides premeditated murder. The book deal was to include Parker for a fee emphasizing his near world championship with his fighter, Bert Cooper against Evander Holifield but it would ignore his questionable set up fights. How could the judge not allow this as pertinent testimony?
&nbs; Even the jury felt they were deceived by the prosecution and mislead to believe the court was planning leniency for Anderson and this is how they felt without even hearing all the defense witnesses who were either not asked or not allowed to testify.
Please understand everyone affiliated with this horrible incident feels Tim received a tainted defense and an unfair trial. From his jurors to his Appeal attorney, Marcia Silvers who is handling the appeal pro bono as she knows what a raw deal Tim received. Tim had no criminal record prior to this incident and if a new trial is granted and he is released he will be a benefit to any community he lives in. He is absolutely no risk to any human being and would be welcome in my home.
I implore you, I know what he did was wrong but this man has suffered enough and does not deserve life in prison without parole. Please find it in your heart to do the fair and just thing and weigh all the evidence in your decision.
A person’s life should not come down to a slick game between the prosecution and the defense. This is supposed to be America with justice for all not just the rich and famous.
Please renew my faith in our judicial system and show mercy to what Tim and his family have suffered and give him another chance at life. Put yourself in his shoes and do what’s right.
Please contact me if I can be of any further assistance.