Tyree-Bailey

To whom it may concern,
I had this letter all planned out in my head, but I swear as I sit here to write, I’ve lost all train of thought. I guess the best thing to do is cut to the case.
My name is Elba Ray Bailey, and the first thing you should know about me is that I am innocent! My only problem is that I don’t know how to prove it.
The next thing you should know is what I was convicted for, and the amount of time I was given. I was found guilty of aggravated sexual assault. I was sentenced to both twenty and ninety nine years respectively.
Now we can talk about some of the facts in my case. The first of which is DNA. The state claimed to have DNA evidence, we let them know that I was willing to take whatever test needed, ( I now know that it would have been very easy for them to get a warrant for my DNA) but they never produced any. Now, I don’t know if they actually have it or if it was a bluff of some kind.
Then there was the fact that my court appointed lawyer had no idea how to handle my case. He told us that he was a civil attorney and that he didn’t know what to do with a case like mine. He told me to go to the judge and as for another attorney. He said that he was willing to go along with anything except ineffective assistance of counsel. See, but that was the biggest problem, HE WAS INNEFFECTIVE. And he knew that he that he was and he stayed on my case.
Then you have the fact that they (the state) kept evidence from us. There was the video tape in which the young lady involved admitted that I never touched her. Then there was the vaginal photos that were a big part of their case that we never got to see until trial ( my attorney never objected to it, even though it was a violation of the granted discovery motion)
We made a motion to take depositions from the girls, and the motion was granted, but when the time came to take the depositions nobody showed. It was then said that the girls didn’t want to do it, but in our case it was necessary because we had twenty different statements. First, I didn’t nothing, then I touched her, then I did nothing again. Then I raped her, then we had consensual sex. Then I raped her. We tried to explain to the judge, but he ruled that he wouldn’t make the girls testify.
Then there was the motion we made for a child psychologist that was denied. This was another example of how our legs were cut from underneath us yet again. We tried to explain how important it was that we be allowed to hire a doctor to see the girls, being that so many thins had already been said. Just relying on the doctors that the state had made things a little one sided. Being that they wouldn’t allow me anything, when the time came to go to court. when the actual trial started I had nothing to offer but my “ IM INNOCENT” and an attorney who didn’t have a clue what was going on.
So, the compromise with the child psychologist issue was to hire an investigator , who was supposed to interview the girls, but again it was a case of them not wanting to talk, and the judge wouldn’t make them. My attorney asked the judge how am I to prepare a proper defense if I don’t know what to defend?
Then there was the fact that after I was found guilty and sentenced, my attorney didn’t even file my appeal request. I sat down here over six years not knowing what was happening with my case. It was through the help of a friend that I found out he didn’t file it. So I went to the law library, learned all that I could, and filed my own writ for an out of time appeal, that was granted. I was given an appellate attorney, and my case was affirmed in 07.
I’m at my wits end here, I’ve done all that I know to do. I had almost given up until a a good friend of mine, Myriam Stubbe  pointed me in your directions. It is truly my hope that you can help me. You’re my last hope. I need someone or something to grab on to. Something to keep me pushing forward. A little bit of light in this dark place.
I have nothing to hide. I’m far from being perfect. In my life, I have done plenty of things that I am both guilty and ashamed of. Things I would never do again, but this isn’t one of them!
I truly believe that as the facts come out, you too, will see that I am innocent. All I’m asking for is a chance. Just one chance PLEASE?!
Elba Ray Bailey # 922624
Polunsky Unit
3872 FM 350 S.
Livingston, Tx 77351