Tuesday, March 31, 2009

Michigan Murder Case was SCOTUS Justice Roberts' First - Now Convicted Inmate up for Freedom

The Michigan Department of Corrections, by law, posts the list commutation hearings that will be taking place in the coming weeks. Commutation is not a pardon: If granted, the inmate reports to a parole officer for four years after release. These cases range from murder and kidnapping to armed robbery. Most are very serious and often violent crimes. Members of the public have a right to attend these hearings and speak if they desire. These can be emotionally charged events and I’m always surprised more reporters don’t attend. Perhaps they are too busy handing out parental advice or giving tips on home decorating.
In one recent case, a man who had been incarcerated since he was 19 was released. He was 64. What kind of story do you think you could pull from that? Answer: A very good one in the hands of a graceful journalist.
Next week, the parole board will hear the case of Paul Allen Dye, a man convicted of both 1st and 2nd degree murder in 1990.
According to case files , the murders occurred in Wayne County:
Early in the morning of August 29, 1982, [Donna Bartels and Glenda Collins] were killed in the clubhouse of the Forbidden Wheels Motorcycle Club. They had each been shot through the head. Their bodies were dumped on the curb of a residential street and discovered there by early morning
commuters.
Four club members were in the clubhouse at the time of the murders. Dye, Bruce Seidel, James Dawson, and Steve Stever all admitted to helping clean up the clubhouse after the killings. Seidel, the prosecution's chief witness, accused Dye of killing the women. Dye accused Seidel of being the killer.
Dawson and Stever, who had been in an upstairs apartment apparently asleep at the time of the killings, testified that Seidel walked upstairs, awakened them, and told them that Dye had just killed two women. Seidel, Dawson, and Stever further testified that after Seidel and Dye dumped the bodies, all four met in Stever's garage, where Dye admitted to the killings.

Dye has been locked up for 18 years and has zero sanctions, MDOC spokesman Russ Marlan told me. As with any commutation case, the state parole board has voted twice to hear his case for commutation after reviewing mental health reports and statements from the sentencing judge and prosecutor. So this hearing on April 9 is a big one.
But what is compelling about Paul Allen Dye’s case is its legal history. His appeal made it to the U.S. Supreme Court, where it may well be the first official opinion from the court with Justice John G. Roberts, and it sided with the inmate. In the process, it also bench-slapped the 6th Circuit Court for refusing to consider Dye's legal argument, which included the accusations of prosecutorial misconduct. The author of one sentencing blog, legal scholar Douglas Berman, notes: "So, when playing the "law nerd" version of Trivial Pursuit, remember that the question "Who prevailed in the first written decision of the Roberts Court?," should be answered "convicted murderer Paul Allen Dye.""
We know that this gets all legally intricate, and that’s not our mission here, but it is noteworthy that Dye is up for commutation. And this legal democracy holds hands with free markets, in our book.

9 comments:

  1. I am the daughter of the woman he had killed, she died when I was 3 1/2 years old. I went to Detroit to find out what really happen, and when he tried his last appeal in 1990 my sister and I was asked to show up and testify, my sister went I didn't. But she told me that he said if he gets out he was going to kill us. He was a member of a Motorcycle gang and after he had killed my mother that same day had a BBQ. I read all his appeals and the reasoning behind the appeals, to me he was grabbing at straws. I have never known my mothers love nor do I remember her, which is something I have to live with everyday of my life, he was also one of my mothers good friends. I just had to input my opinion.

    ReplyDelete
    Replies
    1. Honey, My heart aches for you. But, For your own sake, try to move on. You know your Mom is with you, always. And the p.o.s that took your Mom from you, has a higher man to answer to. And he will pay, if not in this world, but the next. There will be a "reckoning". Take care..KW

      Delete
    2. So sorry honey, if you have a brother that had braces on his legs and older sister letter v. than I babysat for you..heard this happened but wasn't 100% sure if it was the right person. Either way, just so sorry that you lost your mother so young. Wishing you only good things

      Delete
  2. I am a son of one of the men. He had no reason to do what he did. To him he was a badass in his own mind,when in reality he was a punk then just like how hes a punk now. Lets all hope he dies in prison like the spineless coward he is.

    ReplyDelete
    Replies
    1. just a little thought for you how would you like it if someone talk crap about your family you really wouldn't like it to much bottom line is you wasn't there and nether was i so how about you keep the name calling to yourself i havent talk shit about your dad so dont talk shit about mine thanks

      Delete
  3. well i am the son of paul dye and i say you should watch what you say about ppl they have family too im very sorry for your lost but i have lost my father too

    ReplyDelete
  4. Is your father sorry for what happened back then.I know that club has nothing to do with him now.

    ReplyDelete
  5. To be honest guys I never really knew what happen to him or my mom. I was so young they just didn't tell me. ALL of us are suffering one way or another. I didn't comment to start name calling or a pissing match..I commented because it is about us too. I commented because I never knew it went that far no one told me anything I have to read info on the Net. I am sorry you lost your father hun..I am sorry that our paths were forever intermingled in this horrible situation. But I am just really searching for who she was..I don't remember her. I just have pictures of her here and there. To the lady that thought she babysat me no I don't have a brother it was me and my sister I am the baby. If anyone wants to talk to me email me at lburchfield1522 @gmail.com

    ReplyDelete
  6. I was raped by these "punks" when I was 17. by themselves they are total pussies. when they get together all they do is rape and hurt little girls. everyone of them in 1980 that belonged to that club should be executed.

    ReplyDelete