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2. Lindsay Gentry

Michael & Kathleen Gentry
40266 Ronar St.
Palmdale, Calif. 93591
(661) 264-2362

email contact information: lndsay@qnet.com

12, July, 2004

To the American Public and all interested people of this world:

The reason for writing is to ask for your help. We are trying to get our unjust conviction overturned. 

What we need for you to do is write a letter to the Governor and ask that we be granted a pardon.  

This letter could include a description of some of what actually happened to Lindsay, such as 10 weeks premature birth, water on the brain, lungs under developed, all muscles flaccid, nine weeks of respirator dependence, IV and tube feeding, non- functioning liver requiring 2 complete blood exchanges, dislocated hips, and severely clubbed feet requiring seven surgeries to partially correct, Congenital Myotonic Muscular Dystrophy/Steinert’s disease. As she progressed she had casts on her feet from just after birth for more than a year, various forms of braces continually until she was almost five years old  then other types of braces from time to time for the rest of her life. She developed congenital cataracts in both eyes at about age 5 and started to learn Braille at age 8. At age 13 she had surgery to remove the cataracts so that she could see with real thick (coke bottle bottom) glasses. At age 15 she entered the hospital to receive supplemental feeding. When she entered she also needed oxygen but did not receive it for 6 days. While there, she developed pneumonia, vomited, aspirated, thus dying there on the 7th day with no monitoring devices on her to alert the nurses in time to help her.

About 2 1/2 years after Lindsay died we were arrested and charged with second degree murder, child abuse and conspiracy to commit child abuse. The trial produced a hung jury and we were retried for involuntary 
manslaughter, child abuse/endangerment and conspiracy to commit child abuse. At the 2nd trial, second degree murder was reduced to involuntary manslaughter. We were convicted on all three charges after 2 1/2 weeks of deliberation, during which the judge kicked off of the Jury the lady who was voting  not guilty. Mike got 6 years and Kathleen got 4 years prison, both released early (half time for good  behavior and work).

A lot of “legal?” but dishonorable and dishonest things occurred to achieve the conviction in the 2nd trial:

1)      Several witnesses of the prosecutor were proven liars or damaging to her case. They were not at the 2nd trial. Our case number is #BA170869 of Los Angeles County Superior Court.

2)     Pediatric Doctor, Astrid Hagar, a “world renowned child abuse expert”, almost shed tears and  used the term “sadly true” in place of “yes” when testifying. Her best lie was in trial 2, transcript  pages 2771 and 2772  “I have a friend with 6 children with Myotonic Dystrophy, ..watched them all  grow up..become gymnasts, nurses…” When questioned by the defense: “Are you sure they had  Congenital Myotonic Dystrophy?” “Absolutely” she replied. Another lie others at transcript pages 2731 and 2733 was “Congenital Myotonic Dystrophy is less severe than other Myotonic Dystrophy’s.”

3)     Two prosecution witnesses in the 2nd trial reversed or altered their 1st trial testimonies to go along with other school employees. They 1st said that Lindsay was always hungry, famished and wolfed down her food, ate so fast that she threw up. In the 2nd trial they said that Lindsay was slow, 
picky and took up to 2 hours to finish a meal and turned down desserts.

Who told them to say that in the  2nd trial? 

4)     School Nurse Peggy Goecke testified at the 1sttrial that she saw what “looks like a match bum on her back.” In the 2nd trial it changed to “looks like several Cigarette burns.” The truth was  that many of Lindsay’s medical records refer to a haemangioma on her upper left back. (haemangioma is medical-speak for a birth mark)

5)     School personal who’s ineptitude can be demonstrated, testified to Lindsay’s being abused and starved and were filers of 15 child abuse reports. Prosecution presented 9 to the jury; what of the other 6.

6)     All Child Protective Services investigators that came to the school then to our home wrote in their  reports that the charges (mentioned above) were “unfounded, unsubstantiated and that the teachers  seemed to be harassing the Gentry’s.” The Judge refused to allow the jury to see those reports.

Seven reports were so absurd – on the teachers part – that the prosecutor refused to use them.

Now, a few words from 2 neutral school employees: Lindsay’s Bus drivers for the last six years, Linda Kunkel & Gail Belbak: “…Lindsay never, never, never, ever got on the bus with dirty, messed up hair, cloths, face, arms or legs.” They also said they never ever saw any cuts or
bruises on Lindsay, or that she smelled anything but clean and fresh.

The Governor’s address is:

State Capitol Building 
Sacramento, CA 95814
Phone: 916-445-2841 
Fax: 916-445-4633 
Los Angeles Office 
300 South Spring Street 
Suite 16701 
Los Angeles, CA 90013 
Phone: 213-897-0322 
Fax: 213-897-0319
 Fresno Office
2550 Manposa Mall #30l3
Fresno, CA 93721
Phone: 559-445-5295
 Fax: 559-445-5328
Riverside Office 
3737 Main Street #201 
Riverside, CA 92501 
Phone: 909-680-6860 
 San Diego Office 
1350 Front Street
 Suite 6054 
 San Diego, CA 92101
 San Francisco Office
 455 Golden Gate Avenue
 Suite 14000
 San Francisco, CA 94102
Washington D.C. Office
134 Hall of the States 
444 North Capitol Street NW 
Washington D.C. 20001
Phone: 202-624-5270
Fax: 202-624-5280
 If you prefer to email the governor then please go to the following web page and fill
out the form: http://www.govmail.ca.gov/

Do you know anyone with muscular dystrophy, or has handicapped people in their life or are in the  Medical Profession that know how absurd our conviction is? We would appreciate letters by them too. 

The more letters the governor receives, the more likely that he will take a look at our misfortune and correct it.

Your help will be greatly appreciated. If you have questions, please call or write. Our address and phone number is at the top. We would like to get a copy of the letter you send to the Governor for coordination purposes.

Thank You Sincerely, Michael & Kathleen Gentry