Michael Clay

Thoughts of an Incarcerated Brotha: Justice Denied, by Michael Clay

Martian Luther King Jr. once said: “injustice somewhere is a threat to justice everywhere.” These words of wisdom describe fully the circumstances of my incarceration. For the last twelve years four months, I’ve fought to obtain justice as it relates to my conviction for murder, felonious assault, and child endangering. Yes, endangering children. The Just-us system accused me, then convicted me for the death of my daughter.
To be accused, and then convicted of such a heinous crime is a numbing experience.If you ever had your foot fall asleep, and then you tried to walk on it; now imagine that all over, and intensified by one hundred. The brain short circuits from the body, and nothing registers. And this, on top of experiencing the worst pain a human being could ever encounter, the lost of a child. I tell you, no parent should ever have to know what lossing a child feels like. Losing a child does something to a you; a part of your soul dies when they do. There are no words to be offered, or closure to be had. Its a void that can’t be filled. I wouldn’t wish it on my worst enemy.
According to the Just-us system, my little girl died as a result of being: “physically assaulted by person(s) unknown… resulting in blunt force impacts with brain, and soft tissue injury.” And, because I was the last one to be with her, I was considered suspect number one. Guilty to proven innocent. However, this is just the beginning of the injustice. Notwithstanding these allegations, the Cuyahoga County Medical Examiner in Cleveland, Dan Galita rebuts his own autopsy by testifying to the following:
“I can’t determine if the blunt impacts to the face are caused by a hand, or an object. I can’t determine if the blunt impacts to the head are caused by a hand or an object.” (Tr. 706-707) There are no broken bones, no broken legs, and no healing injuries. (Tr. 689) There’s has no bleeding in her head – bleeding in the head is indicitve of a greater danger, or greater swelling. (Tr. 722)
He further states, that there was mild cerebral edema (brain swelling). But the edema it’s not connected with intensity of the trauma, and can occur even in minor trauma. (Tr. 722-23). He even states cerebral edema could cause a lost of appetite. (Remember this point for later) (Tr.723). More importantly, that children don’t usually die from this particular injury.
Galita next explains, the subgaleal contusions (bruising under the scalp), and the superficial microscopic contusion (pinpoint hemorrhage) on the frontal lobe of the brain. While explaining these alleged contributing life ending injuries as cited in his autopsy report; he claims that he can’t determine a time when the subgaleal contusion occurred. (Tr. 724) He also can’t determine a time when the superficial microscopic contusion occurred. (Tr.724) And admits further, that the injury has no effect on her health. (Tr. 725)
Wait a minute wait a mintue, I though the Just-us system said she died after being physically assaulted by person(s) unknown… resulting in blunt force impacts with brain, and soft tissue injury. Well according to this man, their so-called expert that conducted the autopsy, and wrote the report on my daughter. Those injuries certainly didn’t caused her death. Oh by the way, (Tr.) means transcript page number, which means this ridiculous testimony is recorded in black, and white. But, if he can’t determine if the so-called blunt force impact to the head, and face were caused by a hand or object; then what caused it? He never testifies as to what caused the bruising, and never states that it contributed to the death. And, if the bruising under the scalp, and pinpoint hemorrhage on the frontal lobe of the brain has no effect on her health. And he can’t determine a time when either injury occurred. Then what evidence is there that I caused it?
Understand something people, I lost my little girl on the morning of August 28, 2006, and this autopsy was conduct on the morning of August 29, 2006 – 24 hours later. If he can’t say with any reasonable degree of medical certainty that the reported life ending injuries occurred on August 28, 2006. The question is how am I to blame when he can’t even put the injury to the time I was last with my daughter? As for that brain swelling symptom I said to remember previously. Galita said it could cause a lost of appetite. Here’s why this is interesting. On the morning of her death, my baby mamma attempts to feed her before leaving out to work. But my daughter doesn’t eat that morning, which for her is extremely odd she always eats in the morning.
The night before her death, baby mamma was alone in the upstairs bathroom giving her a bath. Subsequent to that, she put her to bed all while I was listening to music on the computer, searching the internet for apartments. Baby mamma is also the first person to attend to my daughter the morning of her death. Later I learn from a police report that she told the cops she left the house for work at 7:55am, and made it to work by 8:00am. True, we live down the street from her job, however, we lived on a main route, and it was rush hour traffic, and school was back in session from the summer break. New evidence recently sent to me reflects that on the morning of August 28, 2006, the school crossing signals were operating slowing traffic to 25 mph.
Having to cross the school zone, traffic, and three traffic lights there’s no way she made it to work at exactly 8:00am as she claims. To add further suspicion to the matter. Her boss gives a statement to the police that he arrived at work at 7:55am, and it appeared from the amount work done that she had been there at least 15 minutes before he showed up.

Now hold up, wait a minute, how could she have left home at 7:55am, passed through traffic, and a school zone to make it to work at 8:00am exactly. And her boss -who is also her firend- claim that she was at work when he arrived at 7:55am. Hmm, I smell a rat. Last I checked, you can’t be in two places at once. Perhaps the jury would have thought the same thing, had the public pretender brought it up. So what am I saying? I’m saying, based on the ridiculous testimony of the medical examiner; these life ending, but not really injuries could have occurred when my daughter is in baby mamma’s care. Did I just get left holding the bag? Baby mamma’s claim of when she left home that morning, removes her from the “scene.” Hmmm?
The prosecutor’s theory was that my daughter was an abused child, but the prosecutor’s witnesses testified: “Michael loves his daughter, and always put her first. (Tr. 752) Even before she is born, he attends every prenatal doctors appointment with her mother. (Tr. 435-36) He even leaves his place of residence, and moves in with the mom, and her parents to help her during the pregnancy. (Tr. 435-36) Michael is even present in the delivery room when his daughter is born. (Tr. 423) Michael is never mean, or abusive… in anyway. (Tr. 437) And she always made her doctor’s appointments, where Michael is always present. Michael is very involved with the caring of the baby, as well as household choirs such as cooking dinner for the family in addition to working a job.” (Tr. 423)
To further prove the prosecutor’s theory wrong, is a police report detailing my daughter’s health, and well being from her pediatrician. In the report he states: “She never had any signs of bruising, or signs of abuse. She was small for age, but he had no concerns. Personally I attribute her smallness to her mother smoking during the entire pregnancy, but I digress. Anyhow, the pediatrician even provided the dates that she went for her checkups. This may have made a difference, had the public pretender called the pediatrician to testify, or at least submitted the police report to the jury.
There is a plethora of issues involved with my conviction, which cast more than reasonable doubt. But, I think you get my point, which is, the injustices of the Just-us system has done more than threaten true Justice – it obliterated it. Sadly I am not an anomaly; similar matters are occurring even as you read this. Perhaps it’s happen to someone you know, someone you love, or worst yet it’s happening to you. The common misperceptions that: “they must have done something otherwise they wouldn’t be in the position they’re in. Or, a jury doesn’t convict innocent people.” These precarious misconceptions about the Just-us system is what aids those charged to operate it to continue these crimes against the people. It’s amazing how the criminal operators of the Just-us system, have fooled you into believing in their con-game.
Ture, there are some people that have broken the law, and must face the negative consequences for their actions. However, even those people have been denied justice. Doing a bid with more time they should give, is criminal. Warehousing citizens in concrete bathrooms with no rehabilation, or opportunities to improve – to change is criminal. With no hope of a second chance – with the exception of the most serious, and heinous of offense – to ever be released, is criminal. Justice is a ideal – a concept- something that sounds good to talk about, and looks good on paper – propaganda spread to unassuming children.
Justice is the fable unicorn- mysterious, and highly elusive. When you can be convicted based on no evidence presented proving what you actually did. Justice is denied. When bias cops choose to ignored glaring evidence disproving their theory, and pin a heinous crime on you for accolades, and promotions. Justice is denied. When your lawyer sales you out for favors from the prosecutor later. Justice is denied. When your forced into a concrete cage with no answers of how the precious love of your life dies, with a sentence of 15 years to life on your back. Justice is denied.
Help my daughter, and I realize true justice. If any of this has intrigued you, and you ant to know more; I encourage you to contact me at Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio 44901. Or contact me on Jpay. Justice doesn’t have to remain denied.

Michael Clay
DOC #533-044

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Categories: Michael Clay

1 reply »

  1. I am so sorry, Michael, for what has happened and what you have gone through, first losing your little girl and then being convicted. The American Just-Us, as you say, fails too often. But in Europe, where I live, the Just-Us also fails. Worst is death penalty. I am totally against this because it is also against the Universal Declaration of Human Rights just as well as many atrocious things happening in our modern world. Thank you so much for sharing your heartbreaking story. I so want you to come out of this hole one day. Please, stay strong and keep on posting. This is a great blog and I thank you from the bottom of my heart for following my blog too.

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