Lost and Found


The Keith Niemic Story





My story isn’t all that unusual compared to others less fortunate, and did begin in a broken home.  I was sent to foster homes and youth detention centers as a young boy mainly because of my like for excitement and attention, among other things.

As a teenager despite realizing my talent for art, I found it more enjoyable to steal and get high as well as disregarding all authority.  My incessant appetite for excitement with stealing and drugs eventually became a hiding place to avoid the always-present sadness I felt from lack of love and family as a boy.

My depression, combined with lack of direction, finally gave way to the fantastic land of Heroin, where I could still enjoy and be a part of life without feeling.

After quitting school I became a commercial fisherman for several years to support my habit.  I also found a woman who I loved at this time, who gave birth to my son Jonathon.

As time went by my habit got worse and got me several county jail convictions, losing my girlfriend and son through it all.

While upon release of my last county jail incarceration, in 1995, I tried to locate my son after not seeing him for nearly 2 years.

It was during this time while I was going to a party that a large drunken male was assaulting a young woman and threatening to shoot several young men who were trying to help this girl.  She was scared so me being a little older and unafraid did approach the assailant while trying to placate him to help the girl, when he did throw me against a house threatening to shoot me, and while reaching in his pants for the “alleged gun” I stabbed him 4 times in the shoulder and, to stop his arm, and once in the chest.  To which he subsequently died.  I was charged with murder.  The defense counsel representing me had my case for only 5 weeks before being caused to go to trial, where two previous trial lawyers were dismissed.   All were court appointed.

The primary defense at trial was self-defense and self-defense of another, and causation defense (hospital negligence causing the victims death).

Defense counsel had me take the stand in my own defense and failed to utilize my requested intoxication and psychiatric anxiety medication defense as mitigating factors, where I was impeached with various prior drug convictions.

Despite various trial errors of the court, prosecution and defense counsel I was convicted of first degree murder by extreme atrocity and of cruelty and sentenced to life in prison at Walpole, Mass.

My direct appeal was affirmed by the states highest court, with appellate lawyer also being ineffective and court appointed.

Since then, I did file a new trial motion (post-collateral attack) to the states highest court.  I am seeking a stay on the appeal to file a second new trial motion, which addresses apprendi error and an illegal conviction by way of variance and several causes of trial error, as well as ineffective assistance of appeallate counsel.  In short, with the abundance of errors in my case and where even the prosecutions witness testimony did correspond with that of my testimony.  Effective counsel will be able to reverse such illegal conviction to that of involuntary manslaughter or at worst voluntary manslaughter.

In the midst of this crazy prison life, I am now 34 years old, 170 lbs. at 5’9” and in good shape, good health.   I find it ironic that if my ADD ADHD and Anxiety condition were identified and treated at my younger years I may not be here now.  None the less, God does work in mysterious ways I am simply grateful to be able to see things today that I could not see yesterday.  I practice my Siddha Yoga daily, study my case without end and take it one day at a time.

I am talented with many interests one of which, I have a conception with several drawings for a novel utility patent designed to save lives at which I am presently seeking a venture capitalist/limited partner to help me finance the patent filing fees and attorney’s fees.

In closing I can’t help but think that if the public were truly hip to the psychological aspect of max joints and prisons in general as to how they treat cons. With no rehabilitation but simply suck the tax payers for their money while we come out to society with nothing to contribute but anger to the society that he feels they betrayed him since his youth.  Not to mention the wonderful enterprise the courts share with the countries prisons where only money has been shown to get freedom.

Cuz if you are indigent and lack any kind of education, regardless of the errors caused at your trial you are a victim of the system, which is why I value what education I do have in pursuing law prose combined with my persistence hopefully will get me out.  The whole legal system in the US needs a serious overhaul, because only the passive public are being taken for their tax money, while unfortunate poor are being taken for their lives.  People like you Lee can set it off and make a change for the better, thank you for your time.

Sincerely yours

Keith.

© Copyright 2003 Keith Niemic
 

The e-mail that brought Keith's Case to my attention:

My brother is currently incarcerated in a massachusetts state prison, serving life without parole(he was convicted of first degree premeditated murder for a fistfight)!!! There were four different occasions on which he should of been granted a mistrial,(one of the reasons being jurors saw him in full chains, and his trial had to be stopped in mid-trial due to the lead detectives in his case threatening and harassing members in my family, and witnesses for his defense).The judge did not grant a mistrial (even after having to stop the proceedings to question the detectives and warn them of further harassments.) I'm sure my brother would be helpful to you and would be eager to be heard, seeing since the so called justice department has DEAF ears!! His name and address is as follows; Keith E. Niemic  I.D.# W-61426 P.O.Box 100 S. Walpole, Massachusetts 02071.

Anyone who can help please write Keith.



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