September 30, 2005

Hello,

It's official, my evidentiary hearing is finally over. After thrity-one days of court between July 14th and September 29th during which forty-seven witnesses testified, I now have this experience behind me.

By the time this message will reaches you, I will either be back at Terre Haute or on my way there. All future correspondence should be sent to me at the following address:

David Paul Hammer #24507-077
USP Terre Haute, SCU
PO Box 12015
Terre Haute, IN 47801-2015
USA

I'm looking forward to my return to the row where my friends and associates are. We are sort of a family and I've missed most of them.

There will not be an immediate decision from Judge Malcolm Muir on my case. He will likely take at least a couple of months or more to render his written opinion and order. As I've written before, no matter what he decides, his opinion will be appealed to the United States Court of Appeals for the Third Circuit in Philadelphia. That is the court which issued a stay of execution in my case on June 3, 2004. They (a three judge panel) remanded my case to the U.S. District Court with instructions to hold the evidentiary hearing which just concluded. The losing party will lodge an appeal. As time progress, both sides will submit lengthy legal briefs, and then oral arguments will be held. Within six months to a year afterwards, that court will issue their written opinion.

In the meantime, I'll be alive and on the row where the machinery of death is alive and well. Early 2006 will bring with it several federal executions. I dread those more than words can adequately express. I can only pray for all involved, while endeavouring to stop the use of capital punishment. Each of us can make a difference. We must not ever stop trying to end the use of the death penalty.

I'll be in touch and hope to hear from you soon,

David Paul Hammer