Thursday, July 7, 2011

Excerpts From Mike Lindsey's Day in Court. Witness Testimony and Others


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PHOTOS OF MIKE LindseyY AFTER ATTACK, (according to attorney blood soaked shirt was ripped off, so I have no idea of amount of blood loss.)  Link to Grave Injustice In MS Facebook Page.

Although Mike Lindsey took a Best Interest Plea to Manslaughter (which admits no guilt), supporters were allowed to testify on his behalf. Honorable Judge William Chapman presided over the Sentencing hearing.
Testimony of Lynne Massey Brown; Bondswoman:
     I have no reason to lie, and nothing to gain.  I did not know Lynda or Mike, and I was afraid to write a bond of "Two-Million Dollars" on someone I did not know.  I went to speak with Mike's former roommate, Reggie, who was a witness, found out I had went to school with him, and he told me that on the night in question, that after Mike had been badly beaten, that Mike went into the house to get a cell phone, and that Mike's attacker, Dave, had his arm around his neck, and that when Mike looked out the door, he must have thought Dave was attacking him, and that he thought Mike was trying to protect him, and after Mike stabbed him he said that he thought Mike stumbled away and fell down.
     When I first saw Mike, I thought he was scary looking because his face was so mutilated, he looked like Frankenstein.
Interview With Lynne Massey Brown:
If you thought your attacker had stabbed you, and you feared for your life, and he would not call an ambulance, or anyone else for that matter, would you have stabbed him to get one?
     "Linda, yes, I would have found someway to even the score, but honestly my thought would not have been to inflict injury, just to get medical help, it would have been to even the score, whether it was a knife, shovel, or whatever I could get a hold of to even the score."
     "I was the first person Mike Lynzy saw after he was arrested, and his first question to me was,  "How is Linda?"  "How is Reggie?".  He did not know they had not been injured in the attack, and was concerned about them."
After hearing testimony today, do you consider the actions of Mike Lynzy murder? 
     "No, it was a cry for help, and from what I was told before, he was trying to save his best friend, today was the first time I heard otherwise, and yes I believe he is messed up in the head right now because he has been without his medication for a week now, but I am scared for him now because of that one statement, Mike was not himself at all."
Synopsis of Pastor David Richardson's Testimony;
     "When I read in the paper that Mike was arrested for murder I was shocked.  I went to visit Mike Lynzy in jail, and I have never seen a man so remorseful, and he broke down and cried.  I have insight into his character." (I was not able to write his complete testimony, and have lost a page of my notes)
Interview With Pastor David Richardson:
     "The Bible says, "If they come in the day, don't draw blood, but if they come at night, you can draw blood."  I teach English Bible from the King James version.  The reason for night is because you are vulnerable and asleep, and at night is a very scary feeling.  I would trust Mike Lynzy with my life.  People are starving to death spiritually because they don't know the truth, the plain truth."
What would you say about the prior record both Mike Lindsey and Dave Knapp had?
     "I would say the past should not be brought up unless it has something to do with the case.  I ministered to Mike and Mike said, "I should have turned the other cheek", and he started crying.  Richardson said, "He is very guilt ridden and remorseful.  After I talked with him for awhile, I just saw the weight on his shoulders float away."
     Richardson also said, "I have firearms at my house and if someone comes to my house acting a fool, 911 won't be called till after the shots are fired"
Synopsis of Interview, and Testimony of Mrs. X: (Because of what she has been through, she has ask that I not post her real name on the web, and I am going to respect that)
     "You are dazed from being hit with a beer bottle, every part of your brain shuts down, and survival mode kicks in.  Lynda Pearson told me Mike saw stars when he got hit with the bottle.
     "It is not right to judge this case by something that happened over 30 years ago.  He has his heart ripped from him because of what happened.  I was at a Restaurant/bar, and came under attack, and feared for my life, and I could not find anything, but I sure looked for something, and I would have killed him, If I could have found something."
     "I was scared to death, and when the adrenalin is pumping, you don't know what you would do, and when it comes down to me or you, the me part is going to win, and you are going to take up for the me part."
     "After my attacker got out of my car, there were two other girls walking out,  I looked for him to run over him, because I was afraid he might hurt them."
  Synopsis of Police Officer Hugh Johnson's Testimony:
     When I arrived I would have considered both Mike Lindsey and Dave Knapp as offenders and victims.  One was bleeding from the head, and had the other one lived, he would have been charged.
Honorable Judge William Chapman said, "Castle doctrine is out the window, because Mike plead to Manslaughter, and will not be considered."
Defense attorney, Don Leland, said, "it is still applicable to the state of mind of the individual.
Synopsis of Lynda Pearson's Testimony:
     Mike, me, and Reggie were watching TV, and we heard someone hollering outside and Mike went to the door to see who it was, and Reggie said, "He is probably going to say something about you being disrespectful to his wife, I'm going to bed."  About the same time, I head Dave say something similar, and I heard Mike yell, "Reggie get out here now, now Reggie, get out here!"  I ran to Reggie's room and told him, "Mike is yelling for you to get out there, something is wrong.", and I made Reggie go first, and when we got outside Mike was standing at the bottom steps at the door, and Reggie stopped on the bottom step, and I squeezed around Reggie, by the handrail, and walked to the other side of Mike. 
     Mike was bent over with his hands on his knees, and that is when I laid my hand on his back, and said, "Mike", and he turned his head to look at me and blood just slung, and Mike said, "He got me, he got me good, call 911".  I was in shock, and Reggie stepped off the bottom step and grabbed Mike by both arms, and the next thing I knew I saw a hand grab Mike's shirt and try and pull him away from Reggie, and when Reggie pulled back with him, Reggie's left arm was dripping with Mike's blood, and Reggie screamed, "Oh my God! Mike!", and Reggie looked at me with the same shocked look I must have had on my face.  They kept playing tug of war and the third time Dave pulled Mike from Reggie, and Mike's shirt ripped off, and he just flung it, and Mike screamed again, "Lynda, call 911!".  
     I could not get back in the house to get the phone cause they were playing tug of war at the steps, and blocking entrance, so I ran to a neighbors, and could not get anyone there, and I ran to another house, and the dog started barking, but the dog knew my voice, and stopped barking, and I could not wake her up, and about that time I heard the police start coming in. 
      I went around back to the first neighbors, and he had woken up, and was sitting on his front porch, and I said, "Greg I don't know how bad it is down there.", thinking that Mike could be dead, and Greg said,  "From what Steven has told me, Mike has stabbed Dave, and you don't need to go back down there right now."  I waited about 45 minutes for the ambulances to get there, and after they loaded them both in the ambulances I started walking back down there, and a plain clothes officer met me at the street and ask if I was Lynda.  
When she began to get into details, other that the attack, the judge stopped her, and told her her that was all after the fact, and she told him, "I just want to tell what I saw, no one has ever bothered to ask me, and I've waited 3 years to tell my story."
The defense attorney representing Mike interrupted and told the judge, "She has passed a polygraph that disputes the two or three witnesses accounts , and they have all refused a polygraph."
The judge allowed her to continue, and then it went to break.
Synopsis of Michael Lindsey's  Testimony:
     Mike Lindsey's testimony was that he heard someone banging on the trailer, and he stepped outside to see what was going on.  Dave Knapp, said something about, "you busted out my window, and Mike told him, Look my window is busted out too, and I was trying to calm him down, and talk to him because I am pretty good at that.  
     When he was coming down street he was banging on my trailer, and when I stepped outside, I forget all time, and he said something about, "I'll kill that MF for disrespecting my wife." He grabbed me by the hair of the head and busted a beer bottle over it and ground it into my face, and he was clawing my eyes, and I clawed his eyes, and he clawed my contacts out, and I went in house and tried to find my cell phone, but could not find it, and I could see Dave's arm around Reggie, was afraid he was jumping on Reggie.  they were all on Xanax.
      Dave sold pills to everyone in the trailer park, I had my kids on the weekend, and I had to tell him, Man, my kids are here.  I've never hurt anyone in my life, I didn't mean to kill him. I figured he would just call an ambulance.
     Mike said, "Reggie is a tough man fighter, and I wish none of this had ever happened, I have Hep C, and it is my fault for things I did to my body when I was younger, and I don't have a few years left, and I'm on hard, hard, chemo, been having seizures (Mike did not know he had a seizure, his cell mate told him) and saw a big bass in my shower, and the jail curses me if I even ask for an Ibuprofen, and I'm passing blood.  I don't have long on treatment, I've been an upstanding citizen, the kids, about all of this mess, I'd like to help other people, it's a tragedy, I'm sorry everyday I think about it, over and over, I wish I could change it, and I know in my heart I've been forgiven.
     The judge ask Mike what his Hep C stage was, and Mike told him stage 2.  The judge replied, you look pretty healthy to me. (Those who know Mike, think otherwise, because Mike has lost over 40 pounds).
     I've known Reggie over ten years and don't know why he would not call the law.
The judge ask Mike, "Why didn't you get away?"  (I'm not sure if the judge meant move or leave the attack), and the judge ask him how long he had lived there, and Mike replied, "About a month".
     Mike went on to say that Reggie was a big strong guy, I've known Reggie for 10 years, and he don't call the law, (Lynda said he has know Reggie his whole life) and then he shocked everyone in the courthouse when he said, "My first thought was he is crazy if he jumps on Reggie, and when I poked him I thought, now they will call an ambulance, because all of the cell phone's came out then." (This was the first time Mike's lawyer or anyone else had ever heard him say that, probably due to the multiple thoughts that pass through a person's mind in a situation like this.)
     The judge then told Mike, If you had not pleaded to manslaughter you would have been convicted of murder because you said, I stabbed him to get an ambulance, and the Castle Doctrine would not have applied. (However, under Castle Doctrine, once you feel threatened by a person you can justifiably kill them, especially if they are still at your home, or any place you have a legal right to be, and you don't need a reason other than that.) 
     Because Mike had said he had tried to calm Dave down, and that he was pretty good at talking to people, the judge told Mike,  "You seem like the kind of person to me, that thinks you can do a lot of talking to get out of things, and would do anything to get what you want.  In fact, you wanted an ambulance, and you stabbed Dave for the purpose of getting one.
Mike Lindsey's testimony was very hard to follow because he was rambling, so if it sounds confusing to you, that is because it was. I have known Mike for several years, and the Mike in the room that day, was not the Mike I have known. 
      I turned around and ask Lynda Pearson, "What is wrong with him?"  She told me, "The treatment he is taking has side effects, and that the jail is not giving him the medication to counter the side effects."  She also said, "Mike has trouble remembering what happened that night, because of the way things happened that night, and because his current Hep C treatment causes confusion, because he does not remember everything.  
Jimmy Lindsey's (brother to Mike Lindsey) Testimony:
     He testified that there was not much of his family left, and that mike had two fine young daughters he talks to and supports, him, and a mentally handicapped brother.  That his mother and father had passed on, and that Mike had done the best he could, and he does try and do what is right.  God has forgiven me, and he ask the judge for mercy on him and their family.
Interview With Don Leland (Mike's attorney) After Court.
In all fairness,  isn't the Castle Doctrine relevant?
     He replied, "Not in Rankin County, there is nothing fair in Rankin County, and a defendant with no money has no chance and it is terribly unfair.  
     The system is not set up to afford an indigent person money for experts and such, but the sheer number of resources the state has at it's disposal, far exceed any resources a defendant could ever have; experts, the police, 4 or 5 investigators,  and a guy like Mike, doesn't have the kind of money he would need, to fight in a trial, and if he was convicted, he would not have the money to file for an appeal.  That is why Mike took the plea, because if he took that chance, he would have no money to fight.
     He told me, "The Castle Doctrine is new, and there will be fewer cases like Mike's when it becomes better known."
Do you think that the number of drug cases are making it harder for a person in Mike's position to get a fair trial?
     "It takes away, and grinds the system to a halt; probably 3/4 of the cases that come through the court are drug related."
     He also told me, "The blood that was on Mike was not all of it, there was also blood all over the shirt that was ripped off of him, and he begged someone to call 911.
      I can tell you right now, if someone had come to my house and did that to me, I would have killed them.
Which way do you think the judge might fall?
     "You have a sitting judge, running for re-election on the platform that he is tough on crime, and I just don't know.  I know he doesn't want the people of Rankin County to think that, if they are attacked, and they kill the person that comes to their home and attacks them, that they will be charged with murder." 
What did XXXXXX XXXXXXX tell you about Dave Knapp?
     Lynda Pearson:  He said Dave Knapp bragged to him "I have broken bottles over people's heads, and stabbed them in the face with a beer bottle before, and that he has stabbed people with a knife, then twisted the knife, then pulled it out," Reggie also told Lynda," I think that Dave has killed someone before, because of things Dave bragged to me about." 
      He also told Lynda, "I have seen Dave backhand his 4 year old son with his fist, then Dave tried to tell Me, he didn't normally do that."  Reggie also told Lynda,  "Dave's kids have really come out of their shell since Dave died, and people I have talked to told him that was a sign of abuse."
Do you think your relationship with the defendant, Mike Lindsey, has clouded your judgment?
     "Not at all, if I thought for a second he was guilty, there is no way I could not defend him, because I feel a human life is worth more than defending someone who would intentionally take someone else's life.  I would be angry with him, if I thought for a second, he would intentionally kill someone. He thought he had been stabbed in the back, but it was his ribs, and he begged for someone to call 911.
Wade Hutson, Mike's Former Boss at Morrison Brother's Music"
How long have you known Mike Lindsey?
     "He has worked with us at Morrison Brother's approximately 5 years."
 What do you think of Mike as person?
      "Mike is a great, very kind guy, we were friends, you could always count on him to do what he said he was going to do, and has been true blue as a friend, I've never had a better friend than Mike. The people who recommended him to us, gave him a glowing recommendation, and spoke very highly of him."
When you found out Mike had a felony conviction 30 years ago, did that change your opinion of him?
     "Absolutely not, I'll give you a prime example, After he was arrested for murder, he was allowed to come back to work the day he got out, so that should tell you how we felt about him." 
     "I learned more about Mike's past, as time went on, when he confided things about his life in general. We all have our skeletons, have made mistakes, and we knew something of his past when we hired him, and in order to get hired at Morrison brothers, you have to know someone, and have been recommended."

     Many people have a problem with the fact that Mike went back into the house and got a knife, and at first that was a problem for me too, but after finding out Mike had been attacked twice, and had no reason to think he would not be attacked again, that he was in desperate need of an ambulance, and had begged for someone to help him, while he was trying to hold his face on, because he felt it was falling off, thought he had been stabbed in the back (but it was from broken ribs) his contacts were gone, and blood dripping in his eyes, and had had maybe one fight in his life, I had to ask myself what would I have done.
      Fortunately, I have never suffered an attack by anyone, and I honestly don't know what I would do.  I do know, I would probably not have been thinking rationally, and I also know from everything that I have read, that the flight or fight hormone (adrenalin) kicks in, and pretty much takes over your thought process.
I am the type person that is going to try and give a person a benefit of a doubt, and because I have doubts, I could not convict him of murder, and would probably have fallen to self-defense.
     I also believe a man should be judged by what he has done, not something he may or may not have done over 30 years ago.  I think the facts should speak for themselves, and that for a prosecutor to try and scare a man, into taking a plea bargain, by upping the charges to habitual offender, with life without parole, the week before trial (especially considering they have had three years to do this), is a violation of the United States Constitution, and is a plea given under duress, regardless of guilt or innocence.
     The plea Mike made was a Best Interest Plea, which admits no guilt, but the person realizes the possibility for conviction is there.
      Regardless of guilt or innocence, because a man's life is at stake, I felt that Honorable Judge William Chapman, should have taken more time to question Mike, and understand what Mike was saying, and if a man had given me a rambling testimony like that, and I knew he had recently had Hallucinations, confusion, and was passing blood  (a side effect of his treatment) I would have wanted a new evaluation, and a more coherent testimony.  The judge seemed confused on several things, and in a hurry. When a man's fate, any fate, rest in your hands, that should be of up most importance.
     Regardless of what we think, his life is in the hands of Rankin County's Honorable Judge, William Chapman, who seemed to be a very respectful, and compassionate judge, at times, but on several cases, I felt did not spend enough time verifying facts or fallacies presented to him.
     I also feel a certain sadness for the deceased, Dave Knapp, that he left this world the way he did, with a mother that simply sent some money to his girlfriend, and said, "Do what you want to with his remains".
     Unlike some, who may hope Dave Knapp burns in hell, I choose to leave his eternal fate in the hands of the one who knows a person's life from birth to death".Grave Injustice In MS, link to facebook page.

According to Castle Doctrine, Mike should never have been charged.  Rankin County News has not even bothered to try and get the defendant's side. Former District Attorney for Madison and Rankin Counties, David Clark, says what is being done to Mike is a Grave Injustice.

Governor Haley Barbour signed The Castle Doctrine into law in Mississippi, and is backed by the NRA (National Rifle Association).  However, if you defend yourself in Rankin County, expect to be arrested for Murder, because they have no respect for Castle Doctrine Law. For more information on Castle Doctrine, visit The Train Keeps on Rolling:

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