View Full Version : This is a letter to the board of Parole and Pardons, does is sound alright?


Kebela1
10-07-2003, 07:00 AM
October 7th, 2003


Chairman, Vice Chairman, and Members,


James Bayne has a Severe Traumatic Brain Injury. James was evaluated on Septmeber 26th, 2002 by Erica Mounts, M. A., CCC-SLP for determination of clinical appropriateness for the Restore Neurobehavioral Center. John Berry, Program Administrator reviewed the clinical screen. Based on the information provided in the screen, determined that James would be appropriate for admisson to the Restore Neurobehavioral Center. Restore is a post-acute residential center specializing in traumatic brain injury rehabilitation. James would of been living there during this intense rehabilitation. This was the same day that Douglas County came and arrested my son. James was still going to Scottish-Rite on the day of his arrest. I feel that they jumped the gun on arresting him. They didn't give him is right of recovering. James's neurologists told his father and me that we needed to have a memorial service for the "James that was" and learn to love the James that he was going to be. They told us that James "died in that accident" and his rehabilitation was going to be his "rebirth". He is never going to be the James Bayne that he was. James's brain doesn't process information as ours does. His brain stem, frontal lobe, and temporal lobes were injured. Now, without the rehabilitation that he requires he will never come close to being the person that he could of been. The neurologists told his father and me that in two years wherever James was mentally, he would be forever. With therapy that could of been alot more than he is now. As of July 2004, James will be the person that he will be forever. I know that he is not getting the kind of medical attention that he should be getting in prison. James now has the mind of a child. He trys really hard to "be a man" as he puts it when I go to visit. James has no memory of the past. He remembers what his family tells him. He "steals" our memories as the doctors put it and takes them as his own. He learns from his enviorment. I don't think that prison is really the place that he needs to learn from. James being in prison is harder on his family and friends than it is on him. He doesn't know anything but where he is right now. He has no memory of ever being home. He knows that he was in an accident and that someone died because we told him. If he is asked he will tell you what we have told him.
James has a very large support system at home. He has his mom and dad, two brothers, one sister that lives at home and a sister that is in Florida, a cousin that flew down here when he had his accident and has moved here to help James, and he also has the support of the legal guardian of the boy that died, and the boy that was injured. James will never be able to drive again d/t his brain injury, so he is not a threat to society.
Robin Baldwin was the legal guardian of the boy that died in the accident. She doesn't hold James Bayne responsible. She told the court that she felt that it was an accident plain and simple. She felt that all the boys in the car were all responsible for getting into the car and could of chose not to ride with James Bayne that morning. They were all out doing the same thing.
I feel that Judge Robert J. James was out to make an example of James Bayne. He had refused James bond twice. Joan Davis attorney at law, told the judge that James didn't commit one of the seven deadly sins and that by law James was entilted to a bond. Judge Robert J. James's response was "I don't care what the law says, this boy will never get a bond." I am sure that the court transcript of this bond hearing will verify that. I understand that the judge is the law, but he is not GOD. The law says that James was entiltled a bond. Judge James could of made the bond so high that his father and I couldn't afford to get him out, but he should of set a bond. Also the Douglas County Sentinel wrote an article before James was sentenced and knew what the sentence was going to be before it happened. At the sentencing Judge Robert J. James stated "James shows no remorse for what has happened." James's brain injury has effected his brain in a way that James doesn't show appropriate emotion at the appropriate time. That is part of what the Restore Rehab. Program was going to work on. Also Judge Robert J. James made a remark about what I had to say when I stood up to plead for my son. I had said that I felt that the 30 some year old woman that bought and gave these boys alcohol should be the one ultimately responsible for this accident because without her these 3 boys wouldn't of been able to get ahold of alcohol. Judge Robert J. James stated "Tracy Freeman didn't open his mouth and pour it down." Well, I feel that if it goes like that than James Bayne didn't make the other two boys get in the car with him.
James has 3 little girls that need to have their father around. Although he would not be able to take care of them by himself, they still need him. Before the accident James was a good father. Alot better than older fathers. He took good care of his girls. He had worked since he was 15 years old. He had recently got hired at Toyo tires at 11.25 an hour. James and his girlfriend (the mother of all three children) were planning their wedding and on top of all that, James was taking his GED and was only 4 hours away from being able to take the test. I feel that James had gotten his life together and was standing up to his responsibilities. He was a good man.
His father and I were and still are very proud of James. He made a poor judgement and will pay for it for the rest of his life with the brain injury and living with knowledge of knowing that a good friend died.

Please show this boy mercy. He is a good kid that made a bad decision, poor judgement. He is not a threat to society and has a good support system. I am his mother and know that I will have to be responsible for James for the rest of his life, but I am ready to take on and take care of my son. Should something happen that his father or I can't take care of him, he has alot of brothers, sisters, family and friends that would gladly take responsibility for him. Please let James come home, get treatment and be productive in society.
James would like to go to high schools in the area and let all the teens in the county see what the effects of alcohol really are. These are the teens that know him. When he is in his 30's the kids at the school will only see another "old man". The teens in the here and now is who James can hit home to.
Barbara Bayne

QQin4meboo
10-07-2003, 08:02 AM
WOW , i read the sory or somethimg u posted about this here b4 , as far as technicals on the letter i dont know ,

as far as heartfelt anquish ( sp ?) and believabilty , i say this should do the job of freeing him , u are a wonderful mother with tremendous love 4 ur son !

toi_ama
10-07-2003, 09:21 AM
I think it's an excellent letter. Would the mother of the boy who died write a letter saying that she believes it was just an accident? That would probably help a lot, too.

Kebela1
10-07-2003, 09:23 AM
Yes, she is going to. She also asked me for a hundred copies of the form so that she can get other to fill it out and send in a letter.

toi_ama
10-07-2003, 09:25 AM
That's wonderful------I'll keep your son in my prayers.

pinky666
10-07-2003, 10:26 PM
Very well written. If I were in the position to make a decision based on that letter, it would totally be in James' favor.

JoesBaby20
10-11-2003, 12:05 PM
Sounds Great... Good Luck and I pray that the parole board will show mercy on your son~!

egs
10-11-2003, 08:20 PM
One comment--if this letter is going to parole, you may want to edit portions of the letter that refer to his innocence/mistake/intent of the situation and/or judge's bias. Parole does not rule on one's guilt or innocence--their only job is to determine if one meets the criteria for parole. The special circumstances of your son's situation are important and should be included but stay away from the "unfairness" of the system, etc.....This will also shorten your letter--they will only "skim" your letter if it too long. Focus on the support he has from his family, significant others, his on-going therapy needs, his low risk of future criminal behavior.

Good luck!!!! Your heart-felt love is threaded beautifully thruout the letters and shows endless devotion.

angelica916
10-11-2003, 08:54 PM
I AGREE WITH EGS. DONT SAY ANYTHING NEGATIVE ABOUT THE SYSTEM. GOOD LUCK WITH YOUR SON.

E1950
10-12-2003, 06:12 PM
I ALSO AGREE WITH EGS, DON'T SAY ANYTHING NEGATIVE ABOUT THE SYSTEM. ON THE REMORSE PART, YOU COULD EXPLAIN WHY HE ISN'T CAPABLE OF SHOWING REMORSE. THIS IS WHAT THE PAROLE BOARD IS LOOKING FOR. REMORSE , FAMILY SUPPORT, AND LOW- RISK. I HAVE BEEN SCHOOLED BY A LAWYER, AS I'M GETTING READY TO MEET A PAROLE BOARD MYSELF. HE SAID TO MAKE SURE I DIDN'T SAY ANYTHING NEGATIVE ABOUT THE "VICTIMS" OR THE SYSTEM. DON'T PLEA THE CASE, THEY DON'T MAKE THOSE CALLS. AS FAR AS THE BOARD IS CONCERNED, ACCORDING TO THIS LAWYER, THEY JUST WANT TO KNOW THAT HE WON'T BE BACK TO PRISON AND WHAT STEPS ARE YOU PREPARED TO MAKE TO KEEP HIM OUT OF TROUBLE. LETTERS FROM THE VICTIMS FAMILY IS A PLUS, AND WOULD COUNT FAR MORE THAN ANYTHING YOU CAN SAY OR DO.
YOUR LETTER BROUGHT TEARS TO MY EYES HON. YOU ARE A LOVING, CARING MOTHER. YOUR SON WILL BE JUST FINE IN YOUR CARE... YOU ARE ALL IN MY PRAYERS... GOD BLESS YOU. SUE

john'smom
09-24-2005, 04:41 PM
Good luck to you and your son.